Big news for Zomato, Swiggy, and Uber partners. The government has released the draft rules for Social Security, proposing a strict “90-day eligibility” criterion. Here is what it means for your insurance and pension.
After years of waiting, the Code on Social Security is finally moving towards implementation. The Union Ministry of Labour & Employment has released the draft rules for gig and platform workers, setting the stage for a rollout by April 1, 2026.
However, the new rules come with a catch that has sparked intense debate. While the government is offering health and accident insurance, it has introduced a mandatory “minimum engagement” clause.
If you are a delivery partner, cab driver, or freelance service provider, here is the breakdown of the new policy released for public feedback this week.
The “90-Day” Eligibility Rule
According to the draft notification, simply having an ID with an aggregator is not enough. To qualify for government-mandated social security benefits, you must meet the following criteria in a financial year:
- Single Aggregator: You must be engaged with one company (e.g., only Zomato) for at least 90 days.
- Multiple Aggregators: If you work for multiple companies (e.g., Uber in the morning, Rapido in the evening), you must complete a cumulative total of 120 days.
What counts as “One Day”? The rules are worker-friendly here. A “day of engagement” is defined as any calendar day where you earn income, irrespective of the amount.
- Example: If you do just one delivery on Monday, it counts as 1 active day.
- Note: If you work for 3 different apps on the same day, it counts as 3 separate engagement days towards your 120-day quota.
Mandatory Registration & Digital ID
The era of undocumented work is ending. The draft rules mandate that every gig worker above 16 years of age must register on the government’s designated portal (likely integrated with e-Shram).
- Universal Account Number (UAN): Once registered, you will get a permanent UAN (like a PF number).
- ID Card: Eligible workers will receive a digital or physical identity card.
- Data Sharing: Aggregators (companies) will be legally required to share your work data with the government to verify your 90-day status.
What Benefits Will You Get?
Once you cross the 90-day threshold, you become eligible for benefits funded by a “Social Security Fund” (to which aggregators will contribute 1-2% of their turnover):
- Health & Maternity Benefits: Cashless treatment options (likely linked to Ayushman Bharat).
- Life & Disability Cover: Insurance in case of on-duty accidents.
- Old Age Protection: A pension component is proposed for the future, subject to contributions.
Why Is It Controversial?
The draft rules were released on December 30, 2025, just a day before the massive New Year’s Eve Strike by gig workers. Unions argue that the “90-day” rule might exclude casual workers who only log in during weekends or festivals to earn extra pocket money.
- Criticism: “If a student works for 80 days to pay tuition fees, why are they denied insurance coverage for those days?” asked a representative from the Indian Federation of App-based Transport Workers (IFAT).
What Happens Next?
The Ministry has kept the window open for public suggestions for 45 days.
- Target Date: The government aims to implement these rules nationwide from April 1, 2026.
- Action for You: Keep an eye on the official labour ministry website if you wish to file an objection.
FAQs: Gig Worker Social Security Rules 2026
A: No. Under the current draft, you need a minimum of 90 days of engagement with a single aggregator to qualify.
A: Primarily, no. The Social Security Fund is financed by a levy on the Aggregators (companies), not the workers. However, future pension schemes may require a small contribution from your side.
A: Your total days are added up. If you work 60 days for Uber and 60 days for Ola, your total is 120 days. Since the threshold for multiple aggregators is 120 days, you qualify.
A: The draft is currently open for feedback. The expected implementation date is April 1, 2026.
Disclaimer: These are draft rules published by the Ministry of Labour & Employment for consultation. The final clauses may change based on stakeholder feedback before the official Gazette notification.
