KOCHI: For years, gig workers in India have protested in the streets — switching off online applications, blocking roads, and raising slogans against declining earnings and harsh algorithms.
Now, in a first-of-its-kind move, a group of Uber drivers in Kerala is abandoning the playbook and stepping into the courtroom, challenging the very foundation of gig work in the country.
The Online Taxi Drivers Union (OTDU), representing more than 5,000 Uber drivers in the state, has filed a case before the Industrial Tribunal Court in Thrissur, seeking recognition, fair wages, and basic labour protections from the multinational ride-hailing giant. The next hearing is scheduled for March 3, in what could become a landmark moment for gig workers across India.
“This is the first case of this kind ever moved legally in India,” said Supreme Court advocate T R S Kumar, the union’s legal advisor. “In several countries, similar legal battles have forced Uber to extend labour protections. If the union succeeds, it will be a path-breaking step towards ending exploitative work conditions and securing job protections for gig workers.”
At the heart of the petition is the drivers’ demand for dignity and predictability in an industry driven by opaque algorithms. The union has asked the court to direct Uber to fix a stable wage structure for at least six months, instead of changing earnings formulas every week.
It has also challenged the company’s commission and “hidden charges”, demanding they be capped at 15%, down from the current 25%. Drivers are also seeking a reduction in the mandatory trip acceptance rate from 80 to 70%, arguing that maintaining such levels is unrealistic and punitive.
Other demands include protection of incentives — especially for airport trips where drivers often face hostility from local taxi unions — revision of outdated fare structures, and, crucially, recognition as workers entitled to provident fund, gratuity, bonuses, and other statutory benefits.
Uber, however, has contested the very basis of the case. In its response to the union’s charter of demands, the company has argued that there is no employer-employee relationship between Uber and its drivers, maintaining that drivers operate as independent contractors.
The legal battle marks the culmination of a struggle that began soon after Uber entered Kerala in 2014. Initially, generous incentives attracted thousands of drivers. But as competition intensified and fares dropped to attract passengers, incentives were steadily withdrawn by 2019, squeezing driver incomes with no guaranteed minimum wage.
The roots of the union itself trace back to a dramatic incident. Kumar recalls being attacked by local taxi drivers outside Nedumbassery airport while travelling in an Uber shortly after the service was launched in Kochi.
The episode pushed him to work closely with app-based drivers and eventually help organise them. In 2019, the Kerala High Court, acting on petitions he pursued, directed police to ensure Uber drivers could operate freely without obstruction.
Unlike most trade unions in Kerala, OTDU remains independent, unaffiliated to any political party — a rarity in the state’s highly politicised labour landscape. Now, its courtroom gamble could reshape the future of gig work. “A favourable verdict may not just secure rights for thousands of drivers in Kerala, but also challenge the app-driven business model itself, setting a precedent for millions of gig workers across India still awaiting fairness beyond the algorithm,” said Kumar.