KOCHI: For 39-year-old Sharon (name changed), a Swiggy-Zomato delivery executive from Ernakulam, a delayed restaurant order, a traffic jam or an accident can mean lost earnings, penalties or paying out of pocket.
“We receive incentives only if we complete deliveries within a specific time. However, many restaurants delay orders. We cannot cancel, and end up losing the incentive,” said Sharon. “If we get stuck in traffic beyond the delivery time, alarms keep saying ‘You are delayed.’ The company knows it is raining and even introduces rain surge pricing. Yet the system keeps penalising us,” he said.
Similar stories are echoed by thousands of gig workers across the state, as an ongoing case before the Industrial Tribunal in Thrissur involving Uber India pvt Ltd and Ola is expected to become a benchmark in determining whether platform workers should be recognised as employees with labour rights. The case, which seeks recognition of app-based drivers as employees rather than independent workers, has gained significance after Ola entered appearance before the tribunal, seeking to set aside an ex parte order against it.
According to Supreme Court advocate T R S Kumar, who is representing the gig workers, the core issue before the tribunal is whether Uber drivers should be recognised as employees of the multinational companies operating the platforms. He said Ola’s recent intervention reflects the broader implications of the litigation, which could shape the legal status of gig workers across India.
A Kozhikode native currently working across Ernakulam for gig platforms said officials have largely ignored their challenges. He also claimed there is no guaranteed minimum wage. “When there are fewer riders, the rates go up. When more riders come online, the rates go down. If a customer complains, the company often refunds them immediately and penalises us,” he alleged.
A BBA graduate who left an IT job two years ago to join the gig economy, he said flexibility was the only advantage. “I don’t have to seek leave for a family function or personal emergency. That’s probably the only benefit,” he said.
Sumesh Padman, general secretary of Kerala State Gig and Platform Workers Union, said gig workers across sectors face similar problems. “Delivery workers receive as little as `35 per delivery while bearing expenses such as fuel, vehicle maintenance and work attire. They are penalised if they fail to answer repeated customer calls, while their security deposit is withheld until they complete work worth a specified amount,” he added.
Jijo M G, an Uber driver from Ernakulam, alleged that ride-hailing companies continue to compete by lowering fares for customers, with drivers ultimately bearing the financial burden. “The government-prescribed minimum fares are not being paid. Companies reduce prices to attract customers, but it is the drivers’ income that gets cut,” he said.
Key issues
No employee status: Most are classified as ‘partners’, not employees
No fixed wages: Earnings fluctuate due to dynamic pricing and incentives
No social security: No assured EPF, ESI, gratuity or pension
Algorithmic control: Apps decide fares, allocate trips and can deactivate accounts
Performance penalties: Customer ratings and cancellations can affect earnings
High operating costs: Workers bear fuel, vehicle maintenance and mobile expenses
Limited grievance redressal: Workers say complaints often go unresolved
Insurance concerns: Workers allege accident insurance is difficult to claim
No job security: Accounts can be suspended or blocked without notice