LIJDLR

CONSTITUTIONAL AND LEGAL RECOGNITION OF DELIVERY WORKERS: COMPARATIVE PERSPECTIVES FROM INDIA AND SPAIN

Jaskamal Kaur, LL.M. Student, School of Law, Lovely Professional University, Punjab (India)

Gone were the days when people had to travel a hundred kilometres to buy even small goods or commodities. But in today’s era of technological advancement and digitalisation, life has become much easier. From food items and home essentials to stationery and business materials, everything is made available at our doorstep, and that too with just a click of a button. The expeditious expansion of the gig economy has completely transformed the nature of work, particularly for ‘Delivery Workers’ who operate within platform-based models. This paper critically evaluates how two distinct legal frameworks, that is, India and Spain, address the vulnerabilities faced and safeguard the rights of delivery workers. It highlights Spain’s Constitutional provisions and the decision passed by the Supreme Court in the landmark case of Glovo.[1], which laid the foundation for presuming an employment relationship. In contrast, India’s Constitution, through Articles 21, 39, 41, and 43[2], offers a wide range of socio-economic guarantees. However, gig workers remain outside the ambit of traditional labour laws. They are recognised only as “platform workers” with limited social security benefits. Through comparative socio-legal analysis, this paper identifies challenges that the delivery workers face. It argues that while Spain provides stronger statutory recognition. But still, it struggles for strict enforcement and implementation. Whereas India suffers from partial recognition and weak enforcement. The study concludes by proposing valuable recommendations and suggests that the law should adopt a more sustainable pathway for protecting delivery workers in the ever-evolving digital sphere.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 3, Page 441–462.
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