Manish moved from his village in UP to Delhi in 2023. Started delivering for Swiggy through the partner app — own scooter, fuel from his earnings, no fixed shift. Average month: 480-540 deliveries, ₹35-50k take-home after fuel.
His app account: ₹39,300 last month. ₹393 deducted as "TDS Sec 194O" (1% on the payment). No PF column. No ESI. No paid leave. No sick leave. No accident insurance from Swiggy itself.
His neighbour, Kishore, works at a small printing press at ₹16,000/month. Kishore has PF and ESI on his payslip. Manish earns more but has no safety net. Why?
The new Social Security Code 2020 was supposed to fix this. Here's what it actually does — and the gap between intent and implementation.
- Gig workers are NOT "employees" under the EPF / ESI Acts. No PF or ESI mandatory from the aggregator. This is by design — they're independent contractors / partners.
- The Code on Social Security 2020 created a new category — "gig worker" (Sec 2(35)) and "platform worker" (Sec 2(60)). Aggregators (Sec 2(2)) must contribute 1-2% of annual turnover (capped at 5% of total amount paid to gig workers) to a Social Security Fund (Sec 114).
- The Fund covers (when fully operational): health and accident insurance, disability, maternity, old-age protection, plus benefits notified by states. NOT a salary-replacement PF account.
- As of May 2026, the SS Code is notified but not fully operationalised. The 1-2% aggregator levy is being phased in via state notifications (Karnataka and Rajasthan first; others rolling out). Several aggregators have begun voluntary contributions ahead of mandatory rollout.
- What Manish should do TODAY: register on e-Shram (mandatory for unorganised + gig workers, gets him a UAN-style number for future fund linkage), enroll in PMSBY (₹20/year accident insurance), PMJJBY (₹436/year life insurance), and consider NPS-Lite for retirement.
Why gig workers aren't "employees"
The Employees' Provident Funds Act 1952 and the Employees' State Insurance Act 1948 both define "employee" using a control-and-direction test:
- Person directly employed by the employer OR through a contractor in or in connection with the work.
- Paid wages; subject to employer's directions on how, when, and where to do work.
- Bound to a specific employer at a time.
The gig-platform structure breaks this:
- Manish picks his own hours (logs in / out at will).
- He can refuse specific deliveries.
- He can simultaneously run on Swiggy AND Zomato apps — and many do.
- He uses his own scooter (capital asset), bears his own fuel.
- No "supervisor" assigning tasks; algorithm-based dispatch.
By this analysis, he's an independent contractor, not an employee. Several Indian courts (and labour tribunals) have so far accepted this framing — though some State High Court rulings have leaned the other way (Karnataka 2021 had a partial finding that food-delivery riders show employee-like dependence).
The Social Security Code 2020 — the new framework
Gig worker
Sec 2(35)
"A person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship."
Platform worker
Sec 2(60)
A subset of gig workers — accessing work through an online platform / app. Swiggy / Zomato / Ola / Uber / Urban Company partners all fall here.
Aggregator
Sec 2(2)
Digital intermediary connecting buyers/users with sellers / service providers, without being the seller itself. Schedule 7 lists 9 specific aggregator categories: ride-sharing, food/grocery delivery, logistics, e-marketplace, professional services, healthcare, travel, content / media, retail trade.
The 1-2% aggregator contribution (Sec 114)
The Code requires every aggregator to contribute to a Social Security Fund for gig and platform workers:
- Rate: 1-2% of annual turnover, as notified.
- Cap: maximum 5% of the total amount paid by the aggregator to gig workers / platform workers in the financial year.
- Use of Fund: framed by Central Government via scheme notifications. Health and accident insurance, maternity / disability cover, old-age protection, education and skilling.
- Eligibility for benefits: gig worker must be registered on e-Shram + have done specified minimum work hours during the year.
The Code itself is notified but the operational scheme — exact rate, fund structure, benefit menu, administration — is being phased in via Central + State notifications. Karnataka and Rajasthan introduced state-level gig worker welfare laws in 2023-24 that include a similar levy. As of May 2026, several major aggregators have begun voluntary contributions; mandatory pan-India rollout is ongoing.
What Manish actually has today
Every payout from Swiggy / Zomato / Ola etc. has 1% TDS deducted under Sec 194O of Income Tax. This goes against his eventual income tax liability. If his annual income is under taxable limit, he can claim refund via ITR.
e-Shram (eshram.gov.in) is the Centre's portal for unorganised workers, including gig + platform workers. Aadhaar-based registration, free, takes 5 minutes. Generates a UAN (Universal Account Number) that will be the linkage key for the SS Code benefits as they roll out.
PMSBY (Pradhan Mantri Suraksha Bima Yojana): ₹20/year for ₹2 lakh accident cover. PMJJBY (Jeevan Jyoti): ₹436/year for ₹2 lakh life cover. Auto-debit from bank account. Available to anyone 18-50 with a bank account. Massive coverage:cost ratio.
APY (Atal Pension Yojana): contribute ₹40-1,440/month from age 18-40, get ₹1,000-5,000/month pension after 60. Government co-contribution available. Currently the only structured retirement vehicle for unorganised workers.
Swiggy / Zomato / Ola voluntarily offer free accident insurance to active partners (varies by platform: ₹2-5L coverage for on-trip accidents). Some offer health-insurance group plans at subsidised rates. Always check the partner-app benefits screen.
Even if no benefit immediately accrues from registration, e-Shram is the database that will be tapped when the SS Code's gig-worker schemes are notified. Aggregator contributions, future health insurance, future pension matching — all will be linked to e-Shram UAN. Register today; benefits flow when the rules notify. It's free.
What's coming — the rollout timeline
- 2024-25: Karnataka Gig Workers Welfare Bill passed; 1-2% aggregator cess introduced state-wise. Rajasthan Platform-Based Gig Workers (Registration and Welfare) Act 2023 already in effect.
- 2025-26: Central Govt notifies Schedule 7 Aggregator Categories operationally. Karnataka begins disbursing accident-insurance + scholarship benefits from its state fund.
- 2026-onwards: Pan-India rollout of the Sec 114 aggregator contribution expected through phased state-level implementations. Many aggregators are running pilot welfare schemes ahead of mandatory rollout.
- Long-term: gig workers will increasingly access a benefits package similar to EPF members — health insurance, accident cover, disability protection, old-age — but structured differently (Fund-based, not individual-account-based).
The income tax side for Manish
Tax-wise, Manish's income is business income under Sec 28 (he's a self-employed delivery agent, not a salaried employee):
- ITR-3 (with books) OR ITR-4 under Sec 44AD presumptive (8% deemed profit on cash receipts, 6% on digital).
- For most delivery partners, 44AD presumptive is the simpler path. ₹5L gross receipts → deemed profit ₹40k (digital 6%) → tax 0 after Sec 87A rebate (income under ₹12L).
- 1% TDS deducted by Swiggy under Sec 194O is creditable. Below taxable limit → refundable.
- Manish should still file ITR even if income is below taxable limit — to claim the TDS refund + maintain financial record (useful for any future loan application).
What honest advisors would say to Manish
Until the SS Code Sec 114 framework is fully operational with disbursable benefits, Manish's safety net is largely DIY:
- Register on e-Shram. Free, 5 minutes.
- Auto-debit PMSBY + PMJJBY. ₹456/year total for ₹4L combined accident + life cover. Best safety net per rupee available in India.
- Open APY. ₹84-292/month (at age 24-30) for ₹1k-3k monthly pension at 60.
- Save 20% of monthly income in a recurring deposit or SIP. No-frills emergency fund.
- File ITR annually. Even nil-tax. The 1% TDS gets refunded. The filing history is your financial proof for any future loan.
- Track the aggregator's benefits page. Most platforms quietly offer free accident insurance, scholarship for kids, and health insurance subsidies — but you have to opt in.
The funny historical wrinkle
India has had social-security legislation since the 1920s — Workmen's Compensation Act (1923), EPF (1952), ESI (1948), Gratuity (1972) — all built around a 19th-century employer-employee model. The gig economy doesn't fit it. The Code 2020 is the first serious attempt to extend social-security coverage to the ~10 crore Indian gig/platform workers — but the operationalisation challenge is significant: who pays into the fund (aggregator-specific), how benefits are claimed (platform-portable), and how to distinguish "gig worker who needs help" from "skilled freelancer who already has options".
The Swiggy / Zomato / Ola debate has played out in regulators' courtrooms in California (AB5 / Prop 22), the UK (Uber v. Aslam), and the EU (proposed Platform Workers Directive). India's experiment with the 1-2% aggregator levy is a distinct middle path — neither full employee classification nor pure independent-contractor status, but a fund-based mutualisation. The next 3-5 years will tell whether it works.
Quick answers
Under EPF Act as it stands — no, you're not an "employee". Some court cases have argued otherwise but no settled ruling forcing aggregators to deduct EPF. The SS Code framework deliberately routes contribution to a fund, not to individual PF accounts.
Most aggregators provide on-trip accident insurance (Swiggy: up to ₹5L; Zomato: ₹5-10L; Ola/Uber: variable). Check the app's benefits page. Plus your PMSBY ₹2L. If you're seriously injured AND can prove the trip was on-platform, the aggregator's insurance kicks in.
Under the SS Code, the Social Security Fund is to cover maternity. State implementations (Karnataka, Rajasthan) include maternity grants of ₹1-3L. Until your state operationalises, the Centre's PMMVY scheme (Pradhan Mantri Matru Vandana Yojana) gives ₹5,000 maternity benefit for first child to eligible women.
No — one e-Shram per individual (Aadhaar-linked). The UAN is your single identifier across platforms. Future fund benefits will be calculated using aggregate hours across platforms.
e-Shram registration is for unorganised + gig workers. If you move to a formal salaried job with PF, you transition into EPF coverage. Your e-Shram UAN remains in the system as a historical record but EPF UAN becomes your active number.
When you might want help
Two situations: (1) Gig workers / partners — basic ITR filing (₹500-1,500 fixed fee) + e-Shram + PMSBY/PMJJBY setup. (2) Aggregator platform compliance — Sec 113-114 contribution computation, state notifications, fund-administration arrangements.
Gig partner or platform operator?
For partners: simple annual ITR + benefits enrollment. For platforms: Sec 113-114 compliance design, state notifications, audit-ready fund records.
"Manish" and the platform-specific benefits described are composite illustrations. Specific platform benefit packages and state SS Code implementation vary; check current notifications.