Centre Proposes 90-Day Work A Year Rule To Enhance Gig Workers' Social Security

Amid brewing controversy around employment conditions of gig-workers, the central government introduced a minimum 90-day work requirement for these workers to access certain employee benefits. The change is part of fresh draft rules under the Social Security Code, which add on to the Ministry of Labour and Employment’s bid to bring in a wider overhaul of labour and social security rules to safeguard the interests of these workers.

Under the new framework, workers will need to complete at least 90 days of continuous employment with an employer to qualify for specific social security benefits such as compensation-linked payouts and certain statutory protections.

This is a shift from earlier rules, where eligibility in many cases began from the first day of employment.

Notably, the 90-day condition applies mainly to employee compensation and benefit calculations, not to wages. Here are main conditions:

• If a worker leaves or is removed before completing 90 days, they may not be eligible for certain benefits.
• Benefits linked to average daily wages will now be calculated only after the 90-day threshold is crossed.
• Employers will need clearer records of start dates, attendance, and wage payments to determine eligibility.

As per the ministry, the overhaul will bring uniformity across sectors and reduce disputes around short-term or casual employment. It noted that a minimum work period would help distinguish between transient engagements and regular employment, making benefit administration more consistent.

For employers, the new requirement places greater emphasis on record-keeping and compliance. Companies will need to maintain accurate data on joining dates, attendance, and wage payments to determine when an employee becomes eligible for benefits.

This could increase compliance costs, especially for small businesses and startups that rely on flexible or short-duration hiring models.

It is important to highlight that the 90-day rule is part of a wider set of draft rules issued by the labour ministry to operationalise the Social Security Code. These rules also push for mandatory digital registration of establishments, online submission of returns, and time-bound decisions by authorities on registrations and applications.

In several cases, approvals will be deemed automatic if officials fail to respond within a fixed period. At the same time, establishments that remain inactive or non-compliant for long periods risk having their registrations cancelled.

For workers, the shift signals that continuity of employment will play a bigger role in accessing social security benefits. For employers, it marks another step towards tighter compliance and clearer accountability under India’s evolving labour law regime.

The draft rules have been opened for public comments before being finalised and notified. Once implemented, states will have to align their systems with the central framework.

This comes against the backdrop of the government finally rolling out the long-pending labour codes in November 2025, replacing 29 older central labour laws with a unified framework covering wages, industrial relations, social security and workplace safety.

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