National Journal of Labour and Industrial Law

Dignity Without Walls: Workplace Sexual Harassment Law in the Age of Digital Labour

2026-01-27T11:51:41+00:00

The digitization of work, the rise of remote work, and platform, mediated professional interactions have changed the spatial and relational boundaries of the workplace in a fundamental way. The legal framework of India regarding sexual harassment at the workplace, which is based on the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, has widened the concept of "workplace" from physical offices to various other places. However, when it comes to digital spaces, the practice of law is still disjointed, and there is less theoretical understanding of it. This research articulates the impact of changing work, modes such as remote work, virtual offices, gig platforms, and digitally, mediated professional networks on the assumptions underlying POSH compliance mechanisms. The study suggests that harassment in digital spaces may include the use of video conferencing platforms, instant messaging applications, emails, and algorithmic work interfaces which can cause risks to dignity, evidence, gathering, and redress that are not sufficiently addressed by the traditional policy frameworks.
The paper, through a doctrinal analysis of the POSH Act, the Vishaka guidelines, and relevant judicial developments, locates the degree to which the current law on harassment accommodates digital harassment and points out essential regulatory gaps. Further, it also considers the organisational practices and the international approaches to the problem of workplace harassment
in the digital domain to employer responsibility and platform accountability. Eventually, the research states that "workplace, " "employer, " and "course of work" would need to be reconceptualized if one wants to maintain the dignity of the workplace in digital arenas.

Gig Workers Should be Treated as Workmen or Employee in the Insolvency Waterfall

2026-01-20T06:58:29+00:00

The origins of gig economy can be traced to 19th century. The advent of internet, mobile, and platforms coupled with the deregulation in the developed world during the 1970s and 80s, along with globalisation accelerated the gig-economy. America’s truck drivers and railroad workers were hugely affected by this phenomenon. India’s urban economy relies heavily on gig workers. Delivery riders, couriers, drivers, beauticians and domestic help are ubiquitous, all working on behalf of digital platforms that ostensibly call them “partners” but in reality, treat them as anything but. Yet if a platform collapses, gig workers may discover that their place in the insolvency queue is at the bottom of the pyramid alongside operational creditors and far from that of formal workers. By 2030, India may have 90m gig workers, according to one estimate. Their legal status remains ambiguous, and in insolvency proceedings they risk losing unpaid dues, incentives, or social-security contributions. In India the ranks of gig workers swell partly because of high youth unemployment. The lived reality is grim; harassment, musculoskeletal injuries and extreme conditions are common. Platforms can deactivate accounts based on opaque ratings, with little recourse. Half-hearted steps have been taken to address the matter. The Code on Social Security 2020 (COSS), though not yet notified, defines gig and platform workers. Yet crucially, the COSS places gig workers outside the traditional employer–employee framework. A few states i.e., Rajasthan, Karnataka, and Telangana have gone further. Further, COSS grants priority to claims relating to provident fund, insurance, gratuity, etc. during insolvency, but it specifically excludes Chapter IX, which covers social security for unorganised, gig, and platform workers. Indian courts have long interpreted “workman” broadly, piercing the corporate veil when companies hid behind contractors. Supreme Court rulings suggest that gig workers could well be considered employees under a functional test of control and integration. In some parts of the world, momentum is clear. The European Union, Mexico, British Columbia and Ontario in Canada have taken steps that treat gig workers favourably in an insolvency. Some legal precedents from insolvencies abroad too are instructive. The anomaly of gig-workers in insolvency needs to be addressed and reforms need to be undertaken. The key being to amend the IBC to recognise gig workers as “workmen,” revise the COSS to ensure their claims are prioritised and institute appropriate regulations so that information memorandum exhibits gig workers as a separate class.

The Labour Codes and Constitutional Morality: An Article 14, 19, 21 Analysis

2026-02-14T06:28:34+00:00

The introduction of the four labour codes namely the code on wages (2019), the industrial relations code (2020), the social security code (2020), and the occupational safety, health and working conditions code (2020) represents one of the most significant structural reforms in India’s labour governance framework. While the stated objectives emphasise simplification, uniformity, and ease of doing business, these Codes have simultaneously raised constitutional concerns regarding equality, liberty, and dignity of workers. This research critically examines the labour codes through the normative lens of constitutional morality, with a specific focus on articles 14, 19, and 21. The study explores whether provisions such as higher thresholds for strikes, expanded executive rule-making powers, fixed-term employment, flexible working hours, and digitalised compliance regimes align with the constitutional values of fairness, reasonableness, participatory governance, and substantive justice. Using doctrinal analysis supported by jurisprudence from the supreme court, the paper argues that several provisions risk diluting workers’ rights and altering the balance between capital and labour. The research concludes that for the labour codes to be constitutionally sustainable, the interpretation and implementation must be guided by constitutional morality, ensuring that economic reforms do not compromise fundamental rights and human dignity.

From Nine-To-Five to Gig-For-Life: Transforming Employment Paradigm in Bharat

2026-01-21T07:27:47+00:00

The rapid proliferation of the gig economy marks a profound transformation in India’s employment landscape, epitomizing a shift from traditional, employer-centric paradigms to flexible, platformmediated work arrangements characterized by autonomy and temporal fluidity. This thesis endeavours to undertake a multidimensional analysis of gig labour’s evolving legal recognition and regulatory challenges within the Indian context. It systematically delineates the definitional contours of "gig labour" and the "gig economy," emphasizing their differentiation from conventional employment models. Grounded in an extensive socio-economic inquiry, the study evaluates the merits of gig work - including enhanced flexibility, entrepreneurial empowerment, and income diversification - while critically examining the attendant vulnerabilities such as income instability, lack of social security, and legal dearth. Employing recent statistical data, it underscores the demographic breadth and sectoral distribution of gig workers, highlighting disparities across gender, rural-urban divides, and skill levels. From a legal perspective, the research scrutinizes the adequacy of existing Indian labour laws - such as the Industrial Disputes Act, Employees’ Provident Funds Act, and the newly enacted Code on Social Security, 2020 - in providing comprehensive protection and social security to gig workers. It uncovers significant legislative lacunae, particularly in the realms of minimum wages, safety standards, grievance redressal, and benefit portability, which are incompatible with the flexible and precarious nature of gig employment. Further, this thesis investigates comparative international legal frameworks and best practices, advocating for adaptive reforms that recognize gig workers as a distinct probabilistic category deserving of tailored protections. It emphasizes the necessity for progressive legislation - such as statutory recognition of gig work, portable benefits, and a right to social security - alongside a reimagining of regulatory oversight of digital platform governance. In conclusion, the paper posits that the burgeoning gig economy, while fostering economic dynamism and inclusivity, necessitates nuanced, forward-looking legal reforms to mitigate vulnerabilities and foster a sustainable, inclusive, and equitable employment ecosystem in India. It calls for a collaborative policy approach involving stakeholders across government, industry, and civil society to craft an adaptable legal framework aligned with the realities of the 21st-century digital workforce.

The Industrial Employment (Standing Orders) Act, 1946 and Chapter IV of The Industrial Relations Code, 2020: Analysing the Legislative Framework and Highlighting the Practical Paradoxes

2026-01-16T07:27:03+00:00

The purpose of writing this paper is to legally analyze the legislative framework of the Industrial Employment (Standing Orders) Act, 1946 (“IESO Act”) and Chapter IV of the Industrial Relations Code, 2020 (“new IRC legislation”). After analyzing the legislative framework, this paper aims to critique the practical challenges with implementation of provisions of the Acts. Furthermore, this paper will also delve into the paradoxical nature of the Acts which aim to further employee protection against arbitrary employer actions with regards to the conditions of service but in reality, it just maintains “status quo” and doesn’t effectively bridge employer and employee relations. Lastly, this paper will outline possible solutions to these glaring issues under the Act by keeping the workers interests as a priority. This paper contributes to the field by presenting a policy-oriented approach by proposing actionable reforms that are imminent in order to ensure worker protection from employer arbitrariness. The paper will strongly argue that unless these reforms aren’t adopted in the new IRC legislation, the legacy of the paradox will continue to subsist. Therefore, this paper will serve as a critical intervention arguing that a reform of the standing orders is crucial in ensuring industrial harmony and protection of workers from arbitrary employer actions.