https://www.desidime.com/discussions/gig-economy-workers?page=1#post_10417095
The key aspects/highlights of the The Karnataka Platform Based Gig Workers (Social Security and Welfare) Bill, 2024 are:
⦾ Establishment of gig workers welfare board (‘Board’) which would have the minister in-charge of the Department of Labour, Government of Karnataka, government officials and representatives from aggregators, gig workers civil society who would be nominated. The tenure of the nominated members would be of 3 years and the Board would be based out of Bengaluru.
⦿ Registration of gig workers has separate processes for those already working with the aggregator and those joining after commencement of the Act. For existing gig-workers, the aggregators would need to provide to the Board its database of all gig workers onboarded or registered with them within sixty days from the date of commencement of this Act, as prescribed. For those joining after the commencement of the Act, they would be electronically registered by the Board, within sixty days of their being so onboarded or registered.
⦾ Registration of the aggregator with the Board within sixty days from date of commencement of the Act.
⦿ Welfare fee from the aggregator which shall be at such rate (percent) of the pay of the platform-based gig worker in each transaction or on the annual state specific turnover as may be notified by the state government. The aggregator shall deposit the welfare fee levied at the end of each quarter.
⦾ Constitution of a welfare fund with sources of contribution would be from amount received from welfare fee levied, contributions made by individual platform-based gig workers, sums received as grant-in-aid from the state government and central government, amount received by way of grants, gifts, donations, benefactions, bequests or transfer and amount received from any other sources as may be prescribed.
⦿ Redressal of grievances where the registered workers may file a petition in person before a grievance redressal officer as notified by the state government, or make a petition through web portal, in relation to any grievance arising out of entitlements, payments and other benefits provided.
⁍ Obligations of aggregators such as:
─ Entering into fair contracts with gig workers which comply with the provisions of the Act once it is enforced.
These are to be written in an easy to comprehend, simple language and shall be available in Kannada, English or any other language listed in the Eighth Schedule of the Constitution known to the platform-based gig worker.
There is a provision making it mandatory for the government to publish sector specific guidelines for contracts from time to time.
Upon request, the state government may also review contract templates sent by aggregators, in order to ensure fairness in the contracts.
─ Termination of contract where an exhaustive list of grounds for termination is provided for in the contract. Termination would require the aggregator to provide valid reasons in writing and with prior notice of fourteen days.
─ Timeline on changes where notification of any change in the terms of the contract will require at least 14 days’ notice before the proposed change is implemented.
─ Provision of reasonable working conditions as far as is reasonably practicable, a working environment that is safe and without risk to the health of the platform-based gig worker.
─ Ensuring income security by paying gig workers at least on a weekly basis with no delay in disbursal of pay. In the cases of payment deductions, the aggregator would need to provide the reasons for such deductions within the invoice raised for the work performed.
─ Constitution of Internal Dispute Resolution Committee by every aggregator, with more than 50 platform workers registered on their platform.
─ Provision of link to web portal for grievance redressal on the platform application of every registered aggregator.
─ Disclosure/s by the aggregator on the grievance redressal mechanism and information on the dispute resolution mechanism to the registered workers.
─ Creation of point of contact (PoC) for enquiries for all clarifications under the provisions by the aggregator.
─ Submission of Quarterly Returns by the aggregator.
─ Penalty within the range of INR 5,000 to INR 100,000 for contravention of any of the provisions or rules or regulations. If the contravention continues after the conviction, then, a further penalty of a maximum amount of INR 5000 for each day will be imposed, till such contravention continues.
⦾ Establishment of gig workers welfare board (‘Board’) which would have the minister in-charge of the Department of Labour, Government of Karnataka, government officials and representatives from aggregators, gig workers civil society who would be nominated. The tenure of the nominated members would be of 3 years and the Board would be based out of Bengaluru.
⦿ Registration of gig workers has separate processes for those already working with the aggregator and those joining after commencement of the Act. For existing gig-workers, the aggregators would need to provide to the Board its database of all gig workers onboarded or registered with them within sixty days from the date of commencement of this Act, as prescribed. For those joining after the commencement of the Act, they would be electronically registered by the Board, within sixty days of their being so onboarded or registered.
⦾ Registration of the aggregator with the Board within sixty days from date of commencement of the Act.
⦿ Welfare fee from the aggregator which shall be at such rate (percent) of the pay of the platform-based gig worker in each transaction or on the annual state specific turnover as may be notified by the state government. The aggregator shall deposit the welfare fee levied at the end of each quarter.
⦾ Constitution of a welfare fund with sources of contribution would be from amount received from welfare fee levied, contributions made by individual platform-based gig workers, sums received as grant-in-aid from the state government and central government, amount received by way of grants, gifts, donations, benefactions, bequests or transfer and amount received from any other sources as may be prescribed.
⦿ Redressal of grievances where the registered workers may file a petition in person before a grievance redressal officer as notified by the state government, or make a petition through web portal, in relation to any grievance arising out of entitlements, payments and other benefits provided.
⁍ Obligations of aggregators such as:
─ Entering into fair contracts with gig workers which comply with the provisions of the Act once it is enforced.
These are to be written in an easy to comprehend, simple language and shall be available in Kannada, English or any other language listed in the Eighth Schedule of the Constitution known to the platform-based gig worker.
There is a provision making it mandatory for the government to publish sector specific guidelines for contracts from time to time.
Upon request, the state government may also review contract templates sent by aggregators, in order to ensure fairness in the contracts.
─ Termination of contract where an exhaustive list of grounds for termination is provided for in the contract. Termination would require the aggregator to provide valid reasons in writing and with prior notice of fourteen days.
─ Timeline on changes where notification of any change in the terms of the contract will require at least 14 days’ notice before the proposed change is implemented.
─ Provision of reasonable working conditions as far as is reasonably practicable, a working environment that is safe and without risk to the health of the platform-based gig worker.
─ Ensuring income security by paying gig workers at least on a weekly basis with no delay in disbursal of pay. In the cases of payment deductions, the aggregator would need to provide the reasons for such deductions within the invoice raised for the work performed.
─ Constitution of Internal Dispute Resolution Committee by every aggregator, with more than 50 platform workers registered on their platform.
─ Provision of link to web portal for grievance redressal on the platform application of every registered aggregator.
─ Disclosure/s by the aggregator on the grievance redressal mechanism and information on the dispute resolution mechanism to the registered workers.
─ Creation of point of contact (PoC) for enquiries for all clarifications under the provisions by the aggregator.
─ Submission of Quarterly Returns by the aggregator.
─ Penalty within the range of INR 5,000 to INR 100,000 for contravention of any of the provisions or rules or regulations. If the contravention continues after the conviction, then, a further penalty of a maximum amount of INR 5000 for each day will be imposed, till such contravention continues.
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only Natak, no real work