KARNATAKA DRAFT BILL: AGGREGATORS CANNOT TERMINATE GIG WORKERS WITHOUT 14-DAY NOTICE

Aggregators must give gig workers a 14-day notice before termination, and provide reasons in writing for the same.  The agreement between aggregators and gig workers must specify all grounds for termination, or deactivation from the platform.

These provisions are part of the Karnataka Platform-based Gig Workers (Social Security and Welfare) draft bill, 2024, which was published on the Karnataka State Unorganized Workers Social Security Board website on June 29. Those affected by this can submit objections and suggestions within 10 days. The bill is likely to be placed in the upcoming monsoon session of the state legislature.

As reported by Moneycontrol, the draft bill mandates the registration of platform-based gig workers and aggregators in the state.

Also, read: Karnataka to make registration must for aggregators to hire gig workers, law in the works

The draft bill proposes establishing a welfare board and creating a fund for platform-based gig workers. Aggregators include those providing services like ride-sharing, food and grocery delivery, logistics, e-marketplaces, professional services, healthcare, travel and hospitality, and content and media services.

The board will oversee the collection of the welfare fund, implement social security schemes for gig workers (especially women and differently-abled workers), consult regularly with unions, gather data from aggregators and platforms, and make recommendations to the government.

Register in 60 days

"Aggregators shall register with the board within 60 days of the Act's commencement. The board will maintain and publish a register of aggregators in the state, including names and designations of authorised officeholders responsible for compliance, on its web portal," the draft bill states.

The bill imposes penalties ranging from Rs 5,000 to Rs 1 lakh on aggregators for violating rules, with a daily fine of Rs 5,000 for continued violations.

Also, read: Karnataka govt seeks inputs, suggestions on Gig and Platform Workers' Bill

Welfare fee

The draft bill states that under the 'Platform-Based Gig Workers Welfare Fee,' a percentage of the pay of platform-based gig workers, or the aggregator's annual turnover in Karnataka, will go towards the welfare fund. Aggregators must deposit this welfare fee as required under the Act. However, it didn't specify what percent of the value of each transaction will be charged as welfare fee, as the draft bill authorises the state government to frame rules regarding this.

"All payments on the platforms will be recorded in the Central Transaction Information and Management System (CTIMS) by the state government. This includes recording every payment to gig workers, and deductions for welfare fees," the draft says.

Unique ID for workers

Gig workers, on being onboarded on any platform, will receive a unique ID applicable across all platforms. Aggregators must submit their database of all gig workers onboarded or registered within 60 days of the Act's commencement. The board will maintain a statewide database of gig workers, detailing their employment across platforms, and issue unique IDs for each worker onboarded by aggregators in the state, the draft bill added.

Contract agreement

The draft bill mandates that all contracts, whether in Kannada, English, or any other language listed in the eighth schedule of the Constitution, must comply with its provisions. Aggregators must notify platform-based gig workers of any proposed contract changes at least 14 days in advance. This allows gig workers to terminate the contract without losing entitlements under the other terms. Additionally, gig workers can refuse a specific number of gigs per week, as agreed upon in their contract with the aggregator, without facing adverse consequences, it said.

Also, read: Urban Company’s beauty segment workers stage demonstration in Bengaluru over ID blocking

No discrimination

According to the draft bill, aggregators must inform gig workers about work allocation, distribution, assessment criteria, and reasons for denying work.

"The aggregator must inform platform-based gig workers about the decision-making systems employed by the aggregators, which affect their working conditions, including fares, earnings, customer feedback, and other information," the draft said.

Aggregators must disclose reasons for deductions from pay, and ensure weekly payment to gig workers without delay.

The draft bill also mandates that aggregators are not to discriminate, and appoint a human point of contact for gig workers' queries.

Grievance mechanism

Aggregators with over 50 platform workers must form an Internal Dispute Resolution Committee to handle disputes. Gig workers can lodge grievances with the state government's grievance redressal office or through a web portal provided on every aggregator's platform under this Act. The state government can inspect and review contracts, automated systems, safety standards, and working conditions of aggregators under this Act.

Also, read: After Rajasthan, Karnataka notifies Rs 4 lakh insurance cover for gig workers

2024-06-29T14:43:15Z dg43tfdfdgfd