The Complete Compliance Checklist for Gig and Delivery Platforms
A compliance checklist for Indian gig and delivery platforms covering the Social Security Code, state welfare boards, POSH and insurance.
Gig and delivery platforms in India operate in a fast-changing compliance zone where central labour law, state-specific gig worker welfare laws and data protection rules are all evolving at once. This checklist covers the compliance areas that matter most for platforms engaging gig and delivery workers.
Key facts at a glance
- The Code on Social Security 2020 formally recognises gig workers and platform workers as distinct legal categories.
- Several states, including Rajasthan and Karnataka, have set up their own gig worker welfare boards requiring platform registration.
- The four Labour Codes came into force nationally on 21 November 2025, but most states had not fully notified their own rules as of mid-2026.
- POSH protections are increasingly expected to extend to gig workers in practice, even where direct-employment status is unclear.
- DPDP Act substantive obligations (notice, consent, security safeguards) become enforceable from 13 May 2027.
- DPDP penalties for failing reasonable security safeguards can reach up to Rs 250 crore per instance.
- Platforms with employed (non-gig) staff still follow standard EPF (20+) and ESI (10+) thresholds for that workforce.
Gig and platform worker recognition under the Social Security Code
The Code on Social Security, 2020 is the first central labour law to formally define "gig worker" and "platform worker" as categories distinct from traditional employees. This opens the door to social security schemes specifically for this workforce, funded partly through contributions from aggregators, though the detailed contribution mechanics depend on central rules that are still being finalised alongside state notification of the broader Labour Codes.
Because the Codes came into force nationally on 21 November 2025 but require state-level rule notification to be fully operational, and most states had not completed this as of mid-2026, gig platforms should treat gig-worker social security provisions as directionally clear but operationally uneven across states right now.
State gig worker welfare boards
Several states have moved ahead of the central framework with their own gig worker welfare legislation. States like Rajasthan and Karnataka have set up dedicated welfare boards that typically require aggregator platforms to register, contribute to a worker welfare fund (often calculated as a percentage of each transaction), and in some cases maintain a database of engaged workers. These state schemes operate independently of the central Social Security Code, so a platform operating across multiple states needs to track each state's specific registration and contribution requirements separately.
| Compliance area | Framework | Status as of mid-2026 |
|---|---|---|
| Gig/platform worker recognition | Code on Social Security 2020 | In force nationally, rules evolving |
| State welfare boards | State-specific gig worker welfare acts | Active in select states (e.g. Rajasthan, Karnataka) |
| POSH for gig workers | POSH Act, extended in practice | No uniform mandate yet, best practice to extend |
| Data protection | DPDP Act 2023 | Substantive obligations enforceable from 13 May 2027 |
| Employed staff (non-gig) | EPF, ESI | Standard 20+/10+ thresholds apply |
Worker safety, insurance and grievance handling
Delivery and gig work carries real on-road risk, and several state welfare schemes push toward mandatory accident and health insurance coverage for registered gig workers, alongside grievance redressal mechanisms. Even where these are not yet fully mandated nationally, platforms should treat rider safety and insurance coverage as a growing compliance and reputational expectation, not just a discretionary benefit.
On workplace harassment, while POSH's direct-employment framing was written before gig work existed at scale, the practical and policy direction is toward extending protections to gig workers. Platforms should maintain a documented complaint channel for gig workers reporting harassment by customers, staff or other workers, even while the precise legal mandate is still developing.
Data protection for location and personal data
Gig and delivery platforms collect substantial personal data on both workers (location, performance, banking details) and customers (address, contact, order history). Under the DPDP Act 2023, the Data Protection Board is already active, the Consent Manager framework becomes operational 13 November 2026, and full substantive obligations become enforceable 13 May 2027, with penalties reaching up to Rs 250 crore per instance for failing reasonable security safeguards. Given how much location and behavioural data these platforms generate, building consent and data-minimisation practices in advance of the 2027 deadline is worth prioritising over waiting.
Compliance for the platform's own employed workforce
Most gig and delivery platforms also employ a smaller core team of employees (operations, tech, support) who are not classified as gig workers. This group follows the standard rules: EPF at 20+ employees, ESI at 10+ employees, and a POSH Internal Committee at 10+ employees, all separate from whatever gig-worker-specific obligations apply to the platform's delivery fleet.
If you are not sure where your platform stands amid the Labour Codes transition, ComplianceCheck's labour code assessment gives you a clear picture in a few minutes.
Sources
- Ministry of Labour and Employment — labour.gov.in
- EPFO — epfindia.gov.in
- ESIC — esic.gov.in
- MeitY / Data Protection Board — meity.gov.in
- Respective state labour department and gig worker welfare board
This guide is general information, not legal advice. Requirements vary by state, sector and headcount - confirm specifics with a compliance professional or the relevant authority.
Frequently Asked Questions
- Are gig workers recognised as a separate category under Indian labour law?
- Yes, the Code on Social Security 2020 formally recognises 'gig workers' and 'platform workers' as distinct categories with their own social security provisions, separate from traditional employees.
- Do state gig worker welfare laws override the central Social Security Code?
- No, state gig worker welfare boards, such as those set up in Rajasthan and Karnataka, operate alongside the central framework and typically require platform registration and worker welfare fund contributions specific to that state.
- Does POSH apply to gig workers who are not direct employees?
- The POSH framework is increasingly being extended in practice and policy discussion to gig and platform workers, and platforms should treat harassment complaints from gig workers seriously and provide a documented grievance channel even where the direct-employment status is unclear.
- Are the Labour Codes fully in force for gig and delivery platforms?
- The four Labour Codes came into force nationally on 21 November 2025, but each state must separately notify its own rules, and most states had not fully notified as of mid-2026, so gig platforms should track their specific state's status.
- Do delivery platforms need to provide insurance for riders?
- Several state gig worker welfare schemes and central social security provisions push toward accident and health insurance coverage for gig workers, and platform operators should check their specific state's welfare board requirements.
- Does DPDP apply to the location and personal data gig platforms collect on workers?
- Yes, gig and delivery platforms collect substantial personal data, including location data, on both workers and customers, which falls within scope of the DPDP Act 2023 once its substantive obligations become enforceable from 13 May 2027.
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