Gig Workers & Inter-State Migrants to Get New Social Security Definitions in 2026 Code

The Indian labour landscape is undergoing a historic shift with the upcoming implementation of the Social Security Code in 2026. For the first time, the Ministry of Labour and Employment has introduced formal legal definitions for “gig workers” and “platform workers,” distinguishing them from traditional employees. One of the most important parts of the 2026 draft rules is the suggestion of a 90 days per year working limit. This rule mandates that gig workers must be engaged with an aggregator for at least 90 days in a financial year to qualify for social security benefits. The purpose of this move is to institutionalize the gig economy, which guarantees that millions of delivery partners and freelancers will have access to life and disability insurance, health benefits, and pension plans that they did not have before.

Read more: Why Human Rights Watch Calls for Strong Global Rules to Protect Gig Workers

Expanded Rights for Inter-State Migrants

Beyond the gig economy, the Social Security Code drastically refines the definition of Inter-State Migrants. The new code is also more inclusive of self-employed migrant workers as well as those working via contractors so that they are not rendered ineligible of state welfare. Migrant workers will thus have the right of portability of benefits, which implies that social security accompanies them to the other states. This fills an existing void in which upon migration the workers would lose the right to the Public Distribution System (PDS) and other welfare programmes. The code is also stipulating simplified registration process on the e- Shram portal where a centralized database is created to facilitate direct benefit transfer and also make sure that the One Nation One Ration Card program reaches all eligible migrants.

Official Update: For the latest official announcements regarding the draft rules, you can follow the Ministry of Labour & Employment’s official X (formerly Twitter) handle: Official Ministry of Labour Update

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