LIJDLR

Labour rights

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

Volume III Issue III /

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) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.100 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.

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RIGHTS OF GIG – PLATFORM WORKERS AND SUSTAINABLE DEVELOPMENT GOALS

Volume III Issue II /

RIGHTS OF GIG – PLATFORM WORKERS AND SUSTAINABLE DEVELOPMENT GOALS Dr. S. Vijayalakshmi,HOD, Bharat Institute of Law, Chennai Sai Prarthana M, 4th Year Student, School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.60 With the global growth of gig platforms, a non-standard form of employment has now emerged. The traditional employer-employee relationship and its permanence are absent. This economy has created a new form of workers. They are considered freelance workers who work as and when the demand arises from the consumers. The essential aspect of this economy is the work on digital platforms. In gig work, the consumers would demand labour digitally through apps. These digital platforms would create millions of jobs around the world. Recently, in June 2022, the NITI AYOG released its latest report, ‘India’s Booming Gig and Platform Economy – Perspectives and Recommendations of the Future of Work’ – which exhibited a detailed analysis of the economy’s growing significance in India. Further, the report has outlined the road map to achieve especially 8th Goal of SDG for Decent work and Employment Growth to all. Though India has interfaced with gig–platform work to boost the economy with greater fervour during the Corona period, yet, the policy and legislations are at an infant stage and yet to be formulated and finalized. Meanwhile, the age-old labour legislations are undergoing a sea change in the name of simplifying them. The new codes on Wages, Industrial Relations, Social Security, and Occupational Safety and Health have yet to be appropriately enacted, and rules need to be established by the Central and State governments for the protection of the rights of employees. Ultimately, the goal is to achieve the Sustainable Development Goals, by the UN and the ILO for better and sustainable legislations pertaining to labour law. India has already outlined the road map to the 8th Goal of SDG. The SDGs do matter in developing sustainable communities when focused on their achievement in India. We are at the earliest stage towards making in policy for gig/platform workers as they are going to occupy the Indian economy at a greater level.

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CONTOURS OF DIGNITY: EXAMINING SEX WORK IN INDIA AND BEYOND

Volume 1 Issue IV /

CONTOURS OF DIGNITY: EXAMINING SEX WORK IN INDIA AND BEYOND Kovid Tripathi, B.A LLB 6TH Semester Student at Damodaram Sanjivayya National Law University. Download Manuscript ABSTRACT The public use of terms like “Veshya,” “Randi,” and “Fahesha” can evoke intense emotions, especially when associated with one’s family, contributing to a prevalent societal disdain towards sex workers in India. Despite the historical roots of sex work in economic necessity, the lives of sex workers are marked by shame and societal hatred. Our article delves into the moral intricacies of prostitution, assessing the theoretical constitutional rights of sex workers through a critical analysis of the Immoral Traffic (Prevention) Act of 1956 in Indian legislation. We explore the complexities of prostitution, evaluate the constitutional rights of sex workers, and extend our analysis to compare countries where prostitution is legal, discussing the potential benefits of legalization in India. As contributors, we actively examine the positive transformations that could arise from officially recognizing prostitution in India as a labour right, scrutinizing measures by the Indian apex court. Addressing pivotal judgments on sex work, the article tries to examine the employment rights of sex workers, emphasizing the necessity to empower and protect this marginalized group. The paper contributes to a nuanced understanding of the challenges faced by sex workers, advocating for their rights in both legal and societal realms. While underscoring the resistance of societal perspectives to change, we advocate for acknowledging fundamental human rights for sex workers, providing a meaningful perspective in the ongoing discourse on this critical societal issue. The paper, in its entirety, supports the provision of labour rights for sex workers in India and emphasizes the respect due to them. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 11- 36. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content

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