The 90-Day Rule: How India’s Draft Social Security Framework Is Redefining Gig Work
The Indian labor scene is undergoing another transformation.In the latter part of December 2025, the Ministry of Labour and Employment released the draft rules under the Code on Social Security, 2020. This release proposes, for the first time, a mechanism for social security coverage for gig and platform workers. As of now, these draft rules have been released for public discussion and have significant implications for both the employees and the employers.
Why This Matters Now
Until now, gig work was defined by flexibility without formal safety nets. But it is no longer peripheral in India's economic context. It now engages millions of workers, many of whom depend on ride-hailing, food delivery, logistics, and task-based services as a primary source of income.
This change is expressly acknowledged in the proposed regulations. They are an attempt to bring some gig workers closer to India’s social security system while balancing flexibility with a minimum level of social protection.
Who Qualifies: The 90-Day Threshold
The proposal set a minimum level of participation requirement.
- A worker would need to have been engaged for at least 90 days in the previous financial year if working with a single aggregator.
- If the worker is active across more than one aggregator, the requirement rises to a combined total of 120 days.
The draft also clarifies what counts as a working day. Any day on which a gig worker earns money through a platform, regardless of the amount earned, would be treated as an engagement day under the draft.
This strategy represents a policy change, as it links social security eligibility to real participation rather than to set employment status or hours worked, reflecting gig work's flexibility.
Registration, Identity & Data Tracking
Additionally, a more formal framework for registration and tracking is included under the draft rules:
- Workers on gigs and platforms who are 16 years of age or older would be required to register on a central portal, typically linked to Aadhaar
- According to the draft rules, aggregators would be required to electronically exchange engagement details to facilitate the creation of a digital identity or Universal Account Number.
- To access benefits, eligible employees will obtain a downloadable digital or physical identity card.
- Since eligibility may depend on accurate reporting, aggregators must update engagement data regularly.
Put simply, these changes shift workforce engagement away from informal arrangements and toward a system in which worker details are formally recorded, and responsibility is clearly defined.
What Benefits Are Being Envisioned
The larger purpose of the Social Security Code is not limited to administrative formalities, although the draft rules mainly focus on eligibility and registration. Over time, it is expected to open the door to practical safeguards for flexible and platform workers, ranging from basic health support and insurance cover to maternity-related assistance and longer-term financial security, depending on how contribution structures are finalised.
The framework also proposes linking workers to national welfare systems such as the e-Shram portal. It allows their work history to be recorded in one place, creating a more precise and reliable employment record, rather than having information scattered across different platforms or contractors.
If these provisions are implemented as proposed, they could change how social security reaches gig and platform workers. Groups that were earlier outside the formal system may begin to access protections that were once available mainly to employees in organised sectors.
Operational Challenges & Industry Views
Reactions to the suggested framework have been mixed. For example, platform businesses have cited daily operations such as monitoring employee activity across multiple apps and consistently submitting data to government portals.
Worker advocacy groups have raised a different concern: that the 90-day threshold may risk excluding segments of the gig workforce whose work patterns are inherently irregular, such as seasonal workers or women balancing caregiving responsibilities.
Additionally, since labour is a concurrent subject, state governments will need to notify corresponding rules. This implies that different regions may have different implementation schedules and methods.
What This Means for Employers
For companies that engage gig or platform workers, the draft rules change how things will work on the ground. Information such as the number of days a worker is active and the income earned can no longer be treated solely as internal tracking data. This information is likely to come under closer scrutiny for compliance purposes.
As a result, payroll and reporting systems will need to be far more accurate, especially when workers operate across multiple platforms. HR and the compliance team need to pay closer attention to ongoing discussions, as key definitions and benefit structures are still being shaped and could change before the rules are finalised.
In simple terms, gig work in India is moving away from loosely monitored arrangements. It is gradually being integrated into a system in which work done is appropriately recorded and linked to formal social security benefits.
TankhaPay Perspective
As TankhaPay follows the ongoing regulatory changes mentioned above, it becomes increasingly clear that employee data is not just a record-keeping function; it is now the basis for compliance and benefits eligibility.
With these changes to labour frameworks, the need for these entities to go beyond basic payroll processing will continue to grow. They will require expert analysis of laws, accurate analysis of their workforce data, and dynamic compliance solutions that adapt as laws evolve, without introducing additional risks to their operations.
When the criteria for eligibility include something as specific as days worked, clarity, process automation, and knowledge of payroll laws are no longer optional but essential.
