Context:
The Rajasthan Platform Based Gig Workers (Registration and Welfare) Act 2023, passed in the Rajasthan Assembly on July 24.
Origin of “Gig” Term in Jazz Music:
- The term “gig” originated from jazz musicians performing short time-based shows for a fixed fee.
Application to Current Working Arrangements:
- Capitalist economy adapted the term to current work settings to avoid employer-employee relationships.
- “Gig economy” represents highly contractualized work, where employers evade most responsibilities, focusing only on immediate tasks and payments.
Inspiration from Past Struggles:
- Formation of “Hamal Panchayat”:
- Over 60 years ago, hamals (sack-carrying workers) in Maharashtra formed a union called the “Hamal Panchayat.”
- They faced similar challenges as unorganized sector workers, but their situation was more acute due to lack of workplace and employer stability.
- Plight of the Hamals:
- Hamals were employed by merchants from poor backgrounds, mostly from Dalit or Other Backward Class families in rural areas.
- Their work was physically demanding, leading to short periods of earning before they had to return home due to exhaustion.
- Lack of social security benefits left them vulnerable during illness, accidents, and old age.
- Formulation of Mathadi Board:
- Led by Baba Adhav, the Hamals fought hard and won the establishment of a “Mathadi board.”
- The board registered both workers and merchants, bringing them under a common regulatory framework.
- Tripartite Board and Collective Bargaining:
- The tripartite board with representation from unions, employers, and the government facilitated collective deliberation, negotiation, and bargaining.
- This formal platform empowered workers to secure their social security funds and establish true “partnership” in the union.
- Legacy and Influence:
- The Pune union, which emerged from the Hamal Panchayat, continues to be a standard-bearer with 250 unions and over 1,00,000 labor members in the State.
- The success of the Mathadi board model highlights the importance of collective action and legal frameworks in securing social security rights for unorganized sector workers.
Rajasthan Platform Based Gig Workers (Registration and Welfare) Bill, 2023
- Defines Gig Worker: Person who performs work or participates in a work arrangement and earns from such activities outside of the traditional employer-employee relationship and who works on a contract that results in a given rate of payment, based on terms and conditions laid down in such contract and includes all piece-rate work.
- Registration: It seek to register all gig workers and aggregators in the state, facilitate guarantee of social security to gig workers, and give them an opportunity to air any grievances.
- State government will maintain a database of the gig workers and generate a unique ID for every one of them.
- Rajasthan Platform Based Gig Workers Welfare Board: It will have two members each from gig workers and aggregators to be nominated by the state government besides two civil servants.
- Rajasthan Platform Based Gig Workers Social Security and Welfare Fund: For the benefit of registered gig workers. Welfare fees will be charged from aggregators.
- Penalties on Aggregators: State government may impose a fine which may extend up to Rs 5 lakh for the first contravention and up to Rs 50 lakh for subsequent contraventions.
Implications and Future Potential:
- The law could serve as a foundation for progressive laws for gig workers in India and worldwide.
- Opens possibilities for forming new unorganized sector welfare boards to address specific worker rights.
- Highlights the importance of democratic principles, justice, and equality in decision-making for workers’ human rights.
Conclusion:
- The law represents a breakthrough in providing social security to gig workers and ensuring fair and creative work in the face of evolving labor trends, including the use of AI.
News Source: The Hindu
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