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Women In The Gig Economy - Employment Stability, Gender Income Disparities, And Workplace Harassment In India

Author: LawSphereX

Category: Labour & Employment

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WOMEN IN THE GIG ECONOMY: EMPLOYMENT

STABILITY, GENDER INCOME DISPARITIES, AND

WORKPLACE HARASSMENT IN INDIA

Priyam Ramesh Sharma, Law Department of Savitribai Phule Pune University

ABSTRACT

Gig economy trends worldwide have introduced job flexibility along with profitable opportunities in the new economic system. Women within India experience the most dramatic effects of this economic change since they now represent a growing number of professionals in the gig economy. While the flexible nature of the gig economy enables people to manage work and family responsibilities as well as enter easy employment it presents substantial problems regarding employment security together with wage discrimination toward women and workplace sexual mistreatment. The Indian gig economy presents job stability as the main challenge for Indian women employees. Gig work stands apart from standard employment by not providing social documentation that exists alongside short-term contracts along with legal job commitments.

The main cause of their work insecurity stems from their lack of paid time off and absence of health insurance coverage and maternity benefits. The lack of standard relationships between employers and employees prevents women from accessing workplace safeguards that would protect them from verbal abuse along with discrimination and physical violence. When gig platforms are unregulated it becomes difficult for women to find effective-reporting methods so problems escape detection from customer-focused business approaches. Determining how to handle harassment in gig work becomes more difficult because nonstandard employment contracts bypass regular labor rules without any legal framework to provide protection. A total solution will be necessary to combat the problems through joint efforts between businesses and the government and united action of gig workers.

Keywords: Women, Gig Economy, Employment Stability, Gender Pay Gap, Workplace Harassment, Legal Framework.

Introduction Definition and Scope of Gig Economy Traditional full-time employment differs from the gig economy because this labor market uses temporary and flexible independent tasks to achieve work projects. The examples of gig employment include delivering food and creating digital content while also including online freelancing and domestic services including housekeeping and babysitting along with cleaning. Regular employment provides stable earnings alongside security benefits yet job protections while gig work exists as task or contract employment that creates multiple legal ambiguities and economic unpredictability for workers. 1 The primary factors driving the growth of the gig economy include Internet platform technology together with growing worker demands for flexible work arrangements.

Working people today connect with clients and businesses through platforms that include Uber, Swiggy, Zomato, Urban Company, plus numerous freelance websites. Workers in this system have better freedom in their work choices and access to diverse earnings ranges while entering the market becomes easier. The main flaws within this system produce insufficient legal protection especially for underprivileged groups including women and earnings unpredictability leading to erratic employment stability. Most individuals see women working through the gig economy as an advance that leads toward economic independence for women. Women choose flexible work schedules together with remote work options because of less formal restrictions especially when caring for children or having restricted mobility.

2 Structural and systemic issues create disproportionate problems for women which run beneath the smooth surface of their economic activity. Working in the gig economy commonly provides jobs that lack job security and minimum labor rights and fails to offer health insurance or maternity provisions or protective safety measures. The workplace disadvantages women in their employment-based skills because of unfair wage payments, restricted advancement potential, gender job separation along with limited job security and frequent harassment cases. 1 Ministry of Labour & Employment, Govt. of India, Code on Social Security, 2020: Chapter I, Section 2(35), No. 36 of 2020, INDIA CODE (defining a gig worker as “a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship”).

2 Aishwarya Jagani, Urban Company Lured Women Into the Gig Economy—Then Pushed Them Out, WIRED

(Aug. 4, 2023), https://www.wired.com/story/urban-company-women-gig-economy-pushed-them-out/.

Gig employment features an opposing outlook which provides freedom to workers yet it causes precarity to persist. The gig economy appeared to provide a solution in India, where women's labor-force participation has been falling for several years. For many others, however, this promise has yet to come true. According to data from the Periodic Labour Force Survey (PLFS) and other government publications, while more women are entering informal and gig work, their working circumstances remain uncertain. Women are frequently relegated to low-wage, undervalued jobs in industries such as domestic service, cosmetics and wellness, telemarketing, and content moderation. 3They are frequently barred from higher-paying jobs such as ride-hailing, technical freelancing, and logistical delivery, which are primarily filled by men. This occupational divide creates a persistent female wage discrepancy.

In addition, gig labor rarely provides job security. The gig economy appeared to offer a solution in India, where women's labor-force participation has been declining for several years. For many others, however, the promise has yet to be fulfilled. The Periodic Labour Force Survey (PLFS) with other national publications show women are joining informal and gig work yet their employment situation continues to be uncertain. Women mostly work in industries where they receive low pay while performing undervalued tasks including domestic service and cosmetics and wellness as well as telemarketing and content moderation. They are frequently prohibited from higher-paying industries like ride-hailing, technical freelancing, and logistical distribution, which are dominated by men. This occupational divide results in a persistent female salary disparity.

Furthermore, gig labor rarely offers job security. 4 Safety and cases of harassment are significant concerns as well. Unlike traditional businesses that may have established mechanisms such as Internal Complaints Committees under the POSH Act, women engaged in gig work often operate in private spaces—homes, streets, or online platforms—with minimal regulation. The danger is heightened because these women work in isolation, without support from the platforms they work for. Whether it’s a beauty professional visiting a client's residence or a female delivery person working late hours, the threat of harassment is both real and persistent. However, legal remedies are limited, and platforms rarely accept complete responsibility for safeguarding worker safety.

These issues 3 Padmini Swaminathan, The Formal Creation of Informality, and Therefore, Gender Injustice: Illustrations from India’s Social Sector, 58 Indian J. Lab. Econ. 23 (2015), https://doi. org/10. 1007/s41027-015-0006-z. 4 Rukmini S. , The Gender Gap in Platform Work, INDIASPEND (Mar. 8, 2022), https://www. indiaspend. com.

are worsened by a lack of legal recognition. Indian labor regulations have traditionally concentrated on conventional employment frameworks and have been slow to adjust to the reality that platform workers face. Although the Code on Social Security, 2020, aims to identify gig and platform workers while also proposing benefits, it has yet to be fully implemented. More crucially, it fails to fully address gender-specific concerns such as maternity leave, harassment reporting systems, and the freedom to unionize. In the same way, the POSH Act does not explicitly include gig jobs, leaving many women without recourse in incidents of misbehavior or abuse. 5 Importance of Women’s participation in gig work economy Several important factors require investigation of Women's involvement in the emerging gig economy.

The study exposes major disparities between women and men related to pay rates and employment stability and workplace encounters. The female segment of the gig workforce makes substantial participation yet receives lower wages than men mainly because of workplace segregation combined with systemic gender discrimination. Judging these distinctions helps policymakers together with labor rights advocates create solutions to establish fair payments and equal work environment standards. Second, analyze women's experiences. The rise of the gig economy helps to discover vital gaps which exist between labor laws as well as standard social protection systems for workers. Gig workers in India lack basic rights under traditional labor laws so they remain excluded from essential employee benefits such as maternity leave and healthcare benefits and pension schemes.

6 The employment gaps of non-standard work affect women in the gig economy most severely because this group does not have standard employment benefits. Woman gig workers face significant concerns about workplace harassment especially when performing food delivery and ride-hailing duties. The nonexistent relationship between employers and employees within the gig economy impedes the proper execution of harassment regulations which Creates obstacles for women trying to file reports or seek compensation for abuses at work. Maintenance of safety requires awareness of these working difficulties which enables the establishment of substantial workplace protection measures through new legislation.

5 Halima Zoha Ansari, Analysing Women’s Labour in India’s Gig Economy, FEMINISM IN INDIA (Jan. 25,

2022), https://feminisminindia.com/2022/01/25/india-gig-economy-women-work-zomato-urban-company/.

6 Abhishek Sekharan, India’s Gig Workers: Overworked and Underpaid, INDIA DEV. REV. (Mar. 15, 2022),

https://idronline.org/article/livelihoods/indias-gig-workers-overworked-and-underpaid/.

Knowledge about women's participation in the gig economy enables progress towards gender equality and economic empowerment as well as labor rights. Simultaneously the gig economy offers women the chance to achieve employment balance through flexible opportunities. The lack of proper legal protections together with structural reforms allows existing inequalities to strengthen instead of diminishing. 7 Employment Stability for Women in the Gig Economy Work stability constitutes predictable employment conditions through which employees can budget finances while accessing social benefits to support their standard of living. Participating in the gig economy involves working under conditions that completely lack employment stability because workers never obtain definitive work hours or salary and have no prospects for scheduled future employment.

The unstable nature of this work environment becomes worse for women since they face combined pressures between paid work commitments and home care duties. Gig work platforms have no obligation to provide written agreements with workers so they can deactivate female employees without any warnings. Workers receive unclear information regarding the assignment protocol for tasks and rating assessment methods and procedures for addressing grievances. The absence of responsibility between worker and platform results in an unbalanced dynamic between these two parties. Workers from disadvantaged backgrounds and women specifically demonstrate lower rates of challenging unfair work situations because they need their one available source of financial stability to survive. An important aspect of stable work that disappears from the gig economy is social security.

8 Most gig workers do not receive benefits like as maternity leave, health insurance, pensions, or paid time off. This means that women must handle illness, pregnancy, and family issues on their own. The absence of such safeguards discourages long-term engagement in gig work and limits its utility as a source of income. 9 Gender Income Disparities in the Gig Economy The gender wage gap in the gig economy is similar to that found in the formal business,

7 Payment of Gratuity Act, No. 39 of 1972, INDIA CODE.

8 Int’l Labour Org., World Employment and Social Outlook 2021, https://www.ilo.org

9 Minimum Wages Act, No. 11 of 1948, INDIA CODE.

although it can be more difficult to evaluate due to a lack of reliable statistics. Studies and polls show that women gig workers earn less than men, even when performing the same tasks. Several variables influence the disparity. First, occupational segregation pushes women into lower-paying jobs. Second, social constraints may limit women's mobility, availability, or willingness to work during peak demand hours, lowering their earning potential. Furthermore, women sometimes lack the negotiating power to demand better pay or fight discrimination. Many gig workers do not have the right to create a union, and platform policies may prohibit collective bargaining. 10 In the lack of institutional support, women are compelled to negotiate salary discrepancies on their own, often accepting lower pay in exchange for flexibility. Income inequality are a key feature of the gig economy.

A 2021 study by the Initiative for What Works to Advance Women and Girls in the Economy (IWWAGE) discovered that women gig workers in India earn 30- 40% less than their male counterparts. Sectoral segregation (for example, women in beauty vs. men in delivery), algorithmic bias, consumer ratings, and a lack of bargaining power are all contributors. 11 Women frequently work fewer hours because of caring responsibilities. Platform algorithms promote constant availability while penalizing individuals who balance unpaid home labor, which disproportionately affects women. 12 Gender Income Disparities: The Hidden Cost of “Meritocracy” Platfoms advertise their work system as meritocratic by showing that workers earn based on their skill levels and work dedication. Research data shows ongoing gender salary gaps which prove this hypothetical narrative to be false.

The 2023 Oxfam India survey revealed women working as giggers earn 32% less than men who perform equivalent tasks despite equal work duration. The driver population of ride-hailing services Uber and Ola contains only 5% women because passengers feel unsafe when a female driver operates their car in addition to technical limitations within the algorithm. Women receive fewer ride requests because male drivers are considered better suited for nighttime operations thus creating an income gap that stays entrenched. Gender-stereotypes control the selection of available job opportunities for women. 10 10 Centre for Internet and Society, Mapping Digital Labour Platforms in India (2020), https://cis-india. org.

11 Initiative for What Works to Advance Women and Girls in the Economy (IWWAGE), Women and Work: How

India Fared in 2021 (2022), https://iwwage.org/wp-content/uploads/2022/01/Women-and-Work-How-India- Fared-in-2021.pdf.

12 NITI Aayog, India’s Booming Gig and Platform Economy (2022), https://www.niti.gov.in.

Most digital platforms direct women into employment opportunities that correspond with standard female caretaking and home-based responsibilities including beauty services and cooking and cleaning activities. These employment sectors receive insufficient income compensation while customers demonstrate both judgmental and biased behavior toward them. The female beauty technicians at Urban Company receive lower client evaluations when clients expect them to provide servile service and to perform unpaid duties such as cleaning up after appointments. Beyond determining how women appear to users on the platform these ratings establish potential profits for the future through a gender-biased framework. Tech and creative services on Upwork and Fiverr demonstrate reduced participation by Indian female freelancers for their high-paying offerings.

Lack of digital literacy and cultural education limitations alongside social doubts about women working in STEM fields prevent female professionals from gaining access to these career areas. Freelance work requires Indian women working in IT to accept lower salaries than their male counterparts according to a 2021 World Bank research study which discovered these women receive 28% less for equivalent projects. 13This disparity is often justified through opaque algorithms or clients’ unconscious biases, which devalue women’s labor under the guise of “market demand. ”14 Intersectionality and Caste Minorities in the Gig Economy The experiences of women in the Indian gig economy cannot be understood in isolation from the intersecting structures of caste, class, and gender.

Coined by Kimberlé Crenshaw, the concept of intersectionality highlights how overlapping identities create unique modes of discrimination. 15 In India, caste remains a foundational axis of inequality, and Dalit, Bahujan, and Adivasi women occupy some of the most precarious and invisible positions in the gig economy. 16Most Dalit and minority women are employed in low-wage, high-risk segments of gig work—such as domestic labor, sanitation, caregiving, and informal delivery services— where protections are minimal and exploitation is normalized. These workers often lack formal education, access to legal awareness, and digital literacy, further limiting their mobility within 13 World Bank, Women, Business and the Law 2024 (Mar. 4, 2024), https://www. worldbank. org/en/news/pressrelease/2024/03/04/new-data-show-massive-wider-than-expected-global-gender-gap. Wo

14 Sukhadeo Thorat & Paul Attewell, The Legacy of Social Exclusion: A Correspondence Study of Job

Discrimination in India, 41(41) ECON. & POL. WKLY. 4141 (2007) 15 Sharmila Rege, Dalit Women Talk Differently: A Critique of “Difference” and Towards a Dalit Feminist Standpoint Position, 33 ECON. & POL. WKLY. WS39 (1998), https://www.jstor.org/stable/4407323.

16 Sylvia Walby, Theorizing Patriarchy (Basil Blackwell 1990).

the platform hierarchy. The invisibility of caste in corporate and legal discourse around the gig economy also means that these women are excluded from policy discussions and worker representation. 17 Platform-based work perpetuates hierarchies: upper-caste women are frequently found in higher-paying jobs such as beauty services or online teaching, but Dalit and Muslim women are overrepresented in physically hard and stigmatized professions. Discriminatory practices, such as customer cancellations based on surname, look, or language, propagate caste and religious bias via computational methods. This multilayer marginalization is rarely recognized by platform firms or addressed under labor laws.

Addressing the risks of caste minorities in the gig economy necessitates an integrated approach that includes caste and religion-specific statistics, affirmative action, and targeted legal interventions. Without this, the gig economy will perpetuate, rather than eliminate, structural inequalities that disproportionately affect vulnerable women. Workplace Harassment and Safety Workplace harassment is a major issue for women in the gig economy. Traditional workplace conceptions do not apply to gig workers, who may work from home, go to customers' locations, or engage via online platforms. The decentralization of workplaces makes it difficult to define, report, and combat harassment. Workplace harassment, a common problem in traditional industries, takes on new dimensions in the gig economy.

Women working in ride-hailing, delivery, or home services face increased risks of sexual harassment, stalking, and assault, sometimes with no institutional support. According to a 2020 poll conducted by the NGO Jagori, 41% of female gig workers in Delhi have encountered verbal or physical harassment at work, ranging from inappropriate comments by clients to assault in remote settings. 18 Unlike office or factory settings, where employers are legally required to address harassment, gig platforms avoid liability by portraying interactions as solely between workers and clients. Platform designers frequently put client satisfaction over labor safety. For example, ridehailing applications like Ola and Uber allow customers to evaluate drivers but do not provide an equal method for drivers to identify abusive clients19.

Women drivers describe instances in which reporting harassment resulted in account suspension owing to "low customer ratings," 17Ayushman Bharat Pradhan Mantri Jan Arogya Yojana, Notification No. S. O. 1953(E), May 14, 2018 (India).

18 Indian Federation of App-based Transport Workers (IFAT), Reports and Statements, (2022).

19 Azim Premji University, State of Working India 2021: One Year of Covid-19,

thus punishing them for speaking up. Similarly, home care providers operating through platforms like Housejoy or Urban Company describe being driven to accept last-minute requests in risky regions to maintain high acceptance rates, which are connected to their employment eligibility. Digital harassment exacerbates these dangers. Women freelancers in content creation and social media management describe cyberstalking, unsolicited explicit communications, and revenge porn threats from customers. Platforms rarely interfere until legal action is taken, which can be a terrifying proposition for women with limited means and societal support. The mental health consequences of such encounters are severe, with many women internalizing the trauma or leaving the workforce entirely.

The gig economy's modern gloss conceals a reality in which technology exacerbates rather than reduces gendered violence. The POSH Act requires the formation of Internal Complaints Committees (ICCs) in firms with more than 10 employees; nevertheless, gig workers are rarely considered employees. 20 Platforms may provide grievance redressal mechanisms, but these are often internal, opaque, and insufficient. Many women fear retaliation, loss of work, or being ignored if they report harassment. The lack of physical security measures—such as GPS tracking, emergency helplines, or support teams—further compromises safety. 21 Women delivery workers or service providers may be exposed to unsafe neighborhoods, inappropriate behavior from clients, or physical violence.

22The responsibility for safety is often shifted onto the worker, with little accountability from the platform or legal enforcement from the state. Legal and Policy Analysis Indian labor laws have begun to acknowledge gig and platform workers, but much remains to be done. The Code on Social Security, 2020 defines gig workers and includes them in the purview of welfare schemes. However, it does not provide clarity on the nature of rights, the role of platforms, or the enforcement of benefits. Similarly, the lack of inclusion under the Industrial Disputes Act or the Factories Act means that gig workers have limited avenues for legal redress.

20 Shreya Atrey, Women’s Human Rights: From Progress to Transformation—An Intersectional Response to

Martha Nussbaum, 40 HUM. RTS. Q. 859 (2018), https://doi.org/10.1353/hrq.2018.0048.

21 Uber BV v. Aslam, [2021] UKSC 5 (UK).

22 Ministry of Labour & Employment, Govt. of India, Code on Social Security, 2020: An Analytical Guide (2021).

The POSH Act’s silence on gig workspaces creates a legal vacuum that leaves women unprotected. Some platforms have created their own safety guidelines or helplines, but these are no substitute for robust legal protections. There is a need to amend existing laws to explicitly include gig workers, define employer responsibilities, and ensure the right to safe and dignified work conditions. 23Internationally, countries like the UK, the US, and the EU are exploring ways to classify gig workers as dependent contractors with certain rights. India can learn from these models to create a hybrid employment status that offers protections without undermining the flexibility of gig work. India’s regulatory framework has struggled to keep pace with the gig economy’s evolution.

Existing labor laws, designed for traditional employeremployee relationships, exclude gig workers by classifying them as “partners” or “independent contractors. ” The 2020 Code on Social Security, while acknowledging gig workers, offers limited protections, deferring concrete measures to state governments. Women, already marginalized in policy discussions, find little representation in these fragmented efforts. Grassroots organizations and labor collectives have stepped into this void, advocating for gender-inclusive policies. The All India Gig Workers’ Union (AIGWU), formed in 2022, demands universal social security, grievance redressal mechanisms, and anti-discrimination clauses in platform terms of service. Their efforts have yielded partial victories, such as Urban Company’s introduction of panic buttons for workers in 2023, but systemic change remains elusive.

A reimagining of labor rights is urgently needed. Policies must mandate minimum wage guarantees, paid leave, and safety protocols tailored to gig work’s unique risks. 24 Platforms should be held accountable for algorithmic biases that perpetuate income disparities or unsafe conditions. Equally critical is addressing the cultural norms that confine women to low-paying roles or deter their participation in high-growth sectors. Initiatives like digital literacy programs, subsidized childcare, and public awareness campaigns could dismantle these barriers, fostering a more equitable gig economy. 25 Recommendations and Conclusion Various policy and legal modifications are required to make the gig economy an inclusive and 23 National Commission for Women, Safety and Security of Women Gig Workers in India: Policy Gaps and Way Forward (2022). 24Social Security (Minimum Standards) Convention, No.

102, ILO, 1952.

25 Uber BV v. Aslam, [2021] UKSC 5 (U.K.).

equal environment for women. The boundaries of employment law need to stretch beyond traditional definitions to include platform work so all rights including minimum wage protection and maternity support and anti-harassment policies can apply. Women’s needs should serve as the foundation for operationalizing social security schemes because initiatives like health insurance coupled with child care support alongside financial literacy programming empower women in the gig economy26. Every third party platform must guarantee safe and healthy conditions for their workforce. The implementation of clear grievance procedures together with scheduled safety evaluations and gender-specific educational programs must be provided by third party platforms.

The collection of data regarding women's contribution to the gig economy and their financial standing should be accompanied by disclosure of their experiences to support policy development. The gig economy embodies the paradoxes of modern capitalism: it liberates workers from rigid structures while subjecting them to new forms of exploitation27. For women in India, this duality is acute. Gig work offers an escape from patriarchal constraints but traps them in cycles of instability, inequality, and violence. Their experiences underscore the need for a feminist rethinking of labor rights—one that prioritizes dignity, equity, and safety over profit and efficiency. As India strides toward digital transformation, it must confront the gendered realities of its workforce. 28 A system supporting their invisibility uses the experiences of women in the gig economy to

demonstrate its existence through the stories about unsafe driving, wage theft in home service and algorithmic discrimination against self-employed workers. The gig economy can live up to its promise of providing empowerment only when it stops its practice of sustaining the same inequalities it purports to eliminate. The necessary step for women in the gig economy involves receiving support to build their collective organization. Women can fight for their rights through union negotiation and build opposition through peer support systems and receive formal legal assistance. The change process requires essential action from NGOs together with unions and government agencies. The flexible workforce model of the gig economy holds great

26 Unorganised Workers’ Social Security Act, No. 33 of 2008, INDIA CODE.

27 Minimum Wages Act, No. 11 of 1948, INDIA CODE.

28 Equal Remuneration Act, No. 25 of 1976, INDIA CODE (repealed by Code on Wages, 2019).

transformative potential for modern work systems particularly for female laborers29. Systemic adjustments in regulations and platform architecture alongside relevant policies are needed to prevent existing social inequalities from persisting. The future of work should be digital and just simultaneously and this can be achieved by adopting a feminist perspective based on rights and redistribution while requesting recognition.

29 Initiative for What Works to Advance Women and Girls in the Economy (IWWAGE), Women and the Gig

Economy in India (2021), https://iwwage.org.