Context

• The growth of the gig economy has transformed labour dynamics across the globe, offering flexibility but raising questions about worker rights and protections.
• In India, the Union Ministry of Labour and Employment is drafting a national law to bring gig workers under the umbrella of social security schemes, addressing their needs for health insurance, retirement savings, and other benefits.
• So, it is crucial to critically examine the existing legal framework for gig workers in India, the limitations of the Social Security Code 2020, and the path forward for ensuring fair treatment and protection of gig workers.

Proposed New Legislation for Gig Workers and Existing Mechanism

• Proposed New Legislation: Expanding Social Security for Gig Workers
  • The new legislation proposed by the Union Ministry aims to incorporate gig workers into social security schemes through a welfare board model.
  • It mandates the creation of a social security fund, requiring aggregators to contribute 1%-2% of their revenue.
  • This fund would offer health insurance and other benefits, potentially alleviating the precarious nature of gig work.
  • Additionally, the legislation proposes the registration of gig workers and demands transparency in their treatment by aggregators, such as providing a 14-day notice before termination and introducing dispute resolution mechanisms.
• Existing Mechanism: Gig Workers Under the Social Security Code 2020
  • The Social Security Code 2020 is a key element of India’s approach to integrating gig workers into the formal economy.
  • This code is one of four labour codes introduced in 2019 and 2020, aiming to simplify and rationalise existing labour laws by merging 29 central labour laws into four broad categories: wage, social security, industrial relations, and occupational safety and working conditions.
  • Gig workers, however, are only explicitly mentioned in the Social Security Code 2020, which treats them as a subset of informal workers.
  • As a result, gig workers are encouraged to register on the e-Shram portal, much like informal workers, but this categorization falls short of recognizing their unique employment situation.

Limitations of the Existing Legal Framework for Gig Workers (Social Security Code 2020)

• Ambiguous Definition of Gig Workers
  • The Social Security Code 2020 is the only one of India’s four labour codes that explicitly mentions gig and platform workers.
  • However, it classifies them as a subset of the informal workforce rather than as part of the formal economy.
  • This categorisation fails to reflect the realities of gig work, which often straddles the line between traditional employment and independent contracting.
  • Because they are categorised as informal, gig workers do not enjoy the same legal entitlements as those in traditional, formal employment, such as access to comprehensive social benefits and job security.
  • This ambiguity prevents a nuanced understanding of the employment dynamics in the gig economy and results in a framework that is ill-suited to the unique nature of gig work.
• Exclusion from Traditional Employer-Employee Relationship
  • One of the critical challenges in the Social Security Code 2020 is its failure to establish gig workers within the traditional employer-employee paradigm.
  • In many cases, companies that utilise gig workers, such as ride-sharing and delivery services, operate as formal businesses within the formal economy.
  • However, these companies often classify their workers as independent contractors rather than employees.
  • This allows them to avoid obligations under labour laws, such as providing minimum wages, paid leave, or job security.
• Avoidance of Employer Responsibilities by Aggregators
  • The classification of gig workers as independent contractors rather than employees is not a mere oversight but a strategic move by aggregators to minimise their responsibilities.
  • Many aggregators intentionally blur the lines of employment relationships, labelling their workforce as independent contractors to sidestep legal obligations.
  • This classification allows companies to avoid providing benefits like health insurance, paid leave, or contributions to retirement funds.
  • By doing so, they leverage the flexibility of the gig economy while avoiding the costs associated with formal employment.
  • This ambiguity not only disadvantages gig workers but also challenges the enforcement of labour laws, as the existing framework does not account for this strategic obfuscation.
• Limited Coverage Under Social Security Schemes
  • Although the Social Security Code 2020 recognises the need for social security schemes for gig workers, it only offers a limited scope of benefits, which fall short of the protections available to formal employees.
  • For example, while the code allows for the provision of social security schemes like health insurance, it does not extend to other essential benefits such as unemployment insurance or robust pension schemes.
  • These limitations mean that gig workers are often unable to secure their long-term well-being or protect themselves against income disruptions.
• Lack of Dispute Resolution Mechanisms
  • Another significant challenge is the absence of effective dispute resolution mechanisms for gig workers.
  • While the Industrial Relations Code 2020 includes provisions for addressing workplace disputes, these are not extended to gig workers, who remain outside the scope of the code.
  • This means that when gig workers face issues like unfair dismissal, wage disputes, or discrimination, they lack a formal avenue for seeking redress.

Impact of the Informal Classification on Worker Rights

• The classification of gig workers as part of the informal sector not only limits their access to benefits but also reinforces the precarious nature of their work.
• Informal workers in India, including gig workers, are typically subject to greater economic instability due to the lack of job security and weaker legal protections.
• The informal classification means that gig workers are often unable to access minimum wage protections or occupational safety regulations that would be standard in formal employment.
• For example, gig workers may face unsafe working conditions or unreasonable workloads without recourse to regulations that ensure their safety and well-being.
• The informal classification thus perpetuates a cycle where gig workers remain vulnerable to exploitation, lacking the rights and protections afforded to their formally employed counterparts.

Ways Ahead to Address the Challenges Associated with Social Security Code 2020

• Addressing the Core Issue: The Need for Redefining Employment Relationships
  • The absence of a clear definition of employment relationships within the gig economy is at the heart of the issue.
  • To genuinely protect gig workers, the government must redefine gig work to acknowledge the role of aggregators as employers.
  • This shift would align with international precedents, such as the 2021 ruling by the U.K. Supreme Court, which recognised Uber as an employer and its drivers as workers entitled to labour protections.
  • Establishing a similar recognition in India would enable the inclusion of gig workers under the existing labour codes, rendering separate legislation unnecessary and promoting greater formalization of gig work.
• Evaluating the Welfare Board Model
  • While the proposed welfare board model represents a step towards providing gig workers with social security, it has its limitations.
  • Past experiences with similar models, such as those created for construction workers, reveal that they have been insufficient in providing adequate protection.
  • Despite working for formal employers, construction workers often remain classified as informal, resulting in subpar coverage.
  • Thus, merely establishing a welfare board for gig workers may not fully address the systemic issues unless the employment relationship is made explicit and aggregators are held accountable as employers.

Conclusion

• The proposed legislation by the Union Ministry of Labour and Employment aims to address the long-standing need for social security among gig workers in India.
• However, its success depends on redefining the employment relationship within the gig economy and ensuring that gig workers are recognised as part of the formal labour force.
• The ambiguity surrounding the status of gig workers must be resolved to bring them under the protections of the existing labour codes.

What’s in Today’s Article?

• Background (Context of the Article)
• About Haber-Bosch Process (Concept, Nitrogen & Its Role, Environmental Impact, etc.)

Background:

• The Haber-Bosch process, developed in the early 20th century, revolutionized global agriculture and food production by enabling the industrial synthesis of ammonia (NH3) from atmospheric nitrogen (N2) and hydrogen (H2).
• This innovation, which allowed for the mass production of nitrogen-based fertilizers, has had a profound impact on feeding the world’s growing population and supporting modern agriculture.

Understanding Nitrogen and Its Role in Nature:

• Nitrogen (N2) is a critical element for life, as it is a key component of proteins, enzymes, and amino acids in both plants and animals.
• Although nitrogen is abundant in the atmosphere, making up about 78% of the air, it is mostly present in an inert form (N2) that cannot be directly utilized by plants.
• Plants require reactive nitrogen, such as ammonia (NH3) or nitrates (NO3-), to grow and thrive.
• In nature, reactive nitrogen is produced through two primary methods:
  • Lightning: The immense energy from lightning breaks nitrogen molecules, allowing them to combine with oxygen to form nitrogen oxides, which later become nitrates in the soil.
  • Nitrogen-Fixing Bacteria: Certain bacteria, such as Rhizobia, form symbiotic relationships with plants like legumes, helping convert atmospheric nitrogen into forms usable by plants.
• However, these natural processes provide limited amounts of nitrogen, insufficient to support the world’s growing demand for food.

The Haber-Bosch Process:

• The Haber-Bosch process, developed by Fritz Haber and later industrialized by Carl Bosch, provided a solution to this problem by creating an artificial method for nitrogen fixation.
• The process involves combining nitrogen (N2) and hydrogen (H2) under high pressure (around 200 atmospheres) and temperatures of about 400-500°C, in the presence of a catalyst, to produce ammonia.
• Ammonia produced through this process is a critical ingredient in synthetic fertilizers, which are used to enrich soil and promote plant growth.
• The availability of ammonia-based fertilizers has enabled the world’s agricultural productivity to grow exponentially, contributing to a sevenfold increase in the global food supply during the 20th century.

Environmental Impact & Concerns:

• While the Haber-Bosch process has been instrumental in solving global food shortages, it also presents significant environmental challenges.
• Excessive Nitrogen Use: The widespread use of nitrogen fertilizers has led to the accumulation of reactive nitrogen in the environment, which can cause soil degradation, water pollution, and air contamination. Excess nitrogen seeps into waterways through runoff, leading to problems like eutrophication—the excessive growth of algae that depletes oxygen in water bodies, killing aquatic life.
• Nitrogen Pollution: Reactive nitrogen released into the atmosphere can combine with water vapor, leading to acid rain, which damages ecosystems and erodes infrastructure.
• Greenhouse Gas Emissions: The production of ammonia through the Haber-Bosch process requires substantial amounts of energy, primarily from fossil fuels, contributing to the emission of greenhouse gases like carbon dioxide (CO2).

Global Food Security and the Haber-Bosch Process:

• Despite its environmental drawbacks, the Haber-Bosch process remains essential for global food security.
• It is estimated that without synthetic fertilizers, about one-third of the world’s population—nearly 2 billion people—would face food shortages.
• The availability of nitrogen fertilizers has enabled countries to increase crop yields and sustain larger populations.
• For instance, in the early 20th century, India had an average life expectancy of only 19 years.
• By enabling the mass production of fertilizers, the Haber-Bosch process helped boost food production, contributing to improved health outcomes and increasing life expectancy to over 67 years

Technological Innovation and the Future:

• While the Haber-Bosch process has been a crucial technological breakthrough, it is clear that technological solutions alone cannot solve the challenges of feeding a growing population.
• Experts suggest that along with continued innovation in fertilizer production, addressing these challenges requires political action, sustainable farming practices, and social mobilization to minimize environmental damage and ensure equitable food distribution.
• The lessons from the Haber-Bosch process underscore the importance of balancing technological progress with environmental stewardship and social responsibility.

Conclusion:

• The Haber-Bosch process revolutionized agriculture by providing an artificial method to produce nitrogen fertilizers, enabling the world to meet its growing demand for food.
• However, its environmental impacts cannot be ignored, as excess nitrogen contributes to pollution, soil degradation, and climate change.
• Moving forward, the challenge lies in balancing the benefits of this technology with sustainable practices and innovation to ensure a healthier and more equitable future for all.

About Mount Adams:

• It is a stratovolcano located in Washington State, United States.
• At 12,277 feet (3,742 meters) high and 18 miles (29 kilometers) wide, Mount Adams is the largest active volcano in Washington, surpassing Mount Rainier — the state's highest peak — by volume.
• Mount Adams lies in the middle of the Mount Adams volcanic field—a 1,250 sq. km area comprising at least 120, mostly basaltic volcanoes that form spatter and scoria cones, shield volcanoes, and some extensive lava flows.
• Mount Adams supports over 10 active glaciers that provide water to the forests, streams, and meadows below.
• The most recent eruption at the site occurred sometime between 3,800 and 7,600 years ago when humanity was still in the Stone Age.

What is a Stratovolcano?

• Stratovolcanoes (also known as composite volcanoes) are tall, steep, and cone-shaped types of volcanoes.
• Unlike flat shield volcanoes, they have higher peaks.
• They are built of successive layers of ash and lava.
• The magma (molten rock) within the volcano is viscous and often contains trapped gas, causing explosive eruptions. 
• Stratovolcanoes occur at the margins of tectonic plates, large sections of Earth's crust that move together. 
  • The continental plates, composed of less dense material, override the oceanic plates.
  • Magma generated from the subducting plate rises and squeezes into cracks, eventually reaching the surface in a volcanic eruption.
• They comprise the largest percentage (~60%) ofthe Earth's individual volcanoes.
• Approximately 85% of stratovolcanoes are located around the Pacific Ocean, forming what is called the “Ring of Fire.”

Context:

The protests by Samsung India workers in Sriperumbudur, Tamil Nadu, center on their fundamental right to form a registered trade union to collectively bargain for better employment terms.

The workers aim to negotiate a collective agreement with Samsung regarding their work conditions.

Workers at the Samsung facility in Sriperumbudur have been on a strike since September 9, 2024, demanding recognition for their newly formed union and an increase in wages.

What’s in today’s article?

• Right to Form Trade Unions: Constitutional Protection
• Collective Bargaining: Definition and Importance
• Right to Strike: Legal Recognition with Restrictions
• Why are Samsung workers protesting?

Right to Form Trade Unions: Constitutional Protection

• In the 1989 B.R. Singh vs Union of India case, the Supreme Court upheld the right to form associations or unions as a fundamental right under Article 19(1)(c) of the Constitution.
• Restrictions under Article 19(4) can only be imposed if public order, morality, sovereignty, or the integrity of India is at risk, and such restrictions must be logical, not arbitrary.
• The court emphasized that trade unions are essential for voicing workers' grievances, and the State is obligated to register trade unions to give workers a platform for collective representation.
• Registration under the Trade Unions Act, 1926, grants unions immunity from civil and criminal action.
  • According to Section 4 of the Act, even seven members can apply for registration, and the Registrar must ensure the union’s rules comply with the Act.

Collective Bargaining

• Definition and Importance
  • The Madras High Court, in Rangaswami vs Registrar of Trade Unions, defined the purpose of the Trade Unions Act as facilitating the collective bargaining process.
  • Collective bargaining, as defined by the International Labour Organization (ILO) in the 1981 Collective Bargaining Convention, involves negotiations between employees and employers to establish working conditions and terms of employment.
  • Some labour law scholars described collective bargaining as a balance of power between workers and employers, while others recognized it as a fundamental workers' right.
  • In India, collective bargaining is statutorily recognized under the Industrial Disputes Act 1947.
    • If collective bargaining fails, the State may refer the matter to a conciliation officer, and if necessary, to a labour court or industrial tribunal.
    • The act lists refusal to bargain collectively in good faith as an unfair labour practice.
• Historical Evolution of Collective Bargaining
• Collective bargaining has its roots in the late 18th and early 19th century, when coal miners fought for basic work conditions.
• It became a recognized practice following the Great Depression and World War II, evolving alongside democratic governance worldwide.
• In India, early traces of collective bargaining were seen during the 1918 Ahmedabad Mills strike led by Mahatma Gandhi, where a committee of arbitrators was formed to resolve a wage dispute.
• Judicial Recognition of Collective Bargaining in India
  • The Indian Supreme Court has consistently recognized the importance of collective bargaining to achieve social justice.
  • In the Karnal Leather Karmchari vs Liberty Footwear Company case, the court highlighted its significance in modern industrial life.
  • The court also observed in Ram Prasad Vishwakarma vs The Chairman, Industrial Tribunal that before the days of collective bargaining, workers were at a significant disadvantage.

Right to Strike: Legal Recognition with Restrictions

• The right to strike is a legal right recognized under the Industrial Disputes Act, 1947, though with certain restrictions.
• The Supreme Court views strikes as a “form of demonstration” by workers to assert their rights, including various forms such as ‘go-slow,’ ‘sit-in-work,’ and ‘work-to-rule.’
• The right to strike is acknowledged by most democratic countries and is seen by the International Labour Organization (ILO) as a natural extension of the right to organize.
• However, the Industrial Disputes Act does not consider the right to strike as absolute.
  • Section 22 mandates conditions for a valid strike, such as the requirement of giving notice to the employer at least six weeks in advance, prohibiting strikes during conciliation proceedings or within seven days after such proceedings end.
• The Supreme Court has ruled that while the right to form associations is guaranteed, unions must operate within the bounds of industrial law.

Why are Samsung workers protesting?

• Demand for the recognition of their newly formed Samsung India Workers’ Union (SIWU)
  • The core issue is the workers’ demand for the recognition of their newly formed Samsung India Workers’ Union (SIWU), under the banner of the Centre of Indian Trade Unions (CITU).
    • CITU is a left-leaning labour organisation affiliated with the Communist Party of India (Marxist).
  • The company resisted this demand by saying that it is against the idea of a union engaging in collective bargaining along with leaders from outside (involving leaders from CITU).
    • However, as per experts, Section 6(e) of Trade Unions Act, 1926 allows for the inclusion of honorary or temporary members as union office-bearers, which permits individuals from outside the workforce to assist.
  • Samsung’s management had also objected to SIWU’s registration on the ground that the name ‘Samsung’ in SIWU’s full form is a trade mark violation.
    • Section 29(5) of the Trade Marks Act, 1999 prohibits the use of a registered trademark in the name of a business.
    • However, trade unions, defined under Section 2(h) of the Trade Unions Act, 1926, are not considered business entities but are formed to regulate relations between workers and employers.
    • U.S. courts have developed the concept of 'nominative fair use,' where enough of a company’s distinguishing elements can be used to reasonably associate the union with the company, implying this may apply in Samsung’s case.
• Salary
• Many protesting workers have complained about not receiving an increase in their wages in the past despite Samsung India earning profits.
• Working Conditions
  • The workers have raised concerns over extensive long hours.
  • They complained that they were made to work beyond their nine-hour shifts and nature of their work requires them to stand for most part of the shift.

About Article 142:

• It deals with the Supreme Court's power to exercise its jurisdiction and pass an order for doing complete justice in any cause or matter pending before it.
• It provides the apex court with a special and extraordinary power and is meant to provide justice to litigants who have suffered traversed illegality or injustice in the course of legal proceedings.
• Article 142(1) states that “The Supreme Court, in the exercise of its jurisdiction, may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe”.
• Article 142 allows the Supreme Court to deliver justice in exceptional cases where existing provisions or laws are not applicable. 
• If a legislative enactment seeks to make unenforceable the decree or order of the Supreme Court made under Article 142, in relation to the cause and the parties between whom it was made, such law would be void for contravening Article 142[8].
• This power cannot be used to "supplant" substantive law applicable to the case or cause under consideration of the court.
• Significant cases where Article 142 was invoked:
  • Babri Masjid Case:The article was used in the Ram Janmabhoomi-Babri Masjid land dispute case and was instrumental in the handover of the disputed land to a trust to be formed by the union government.
  • Bhopal Gas Tragedy:The SC invoked its plenary powers in the Union Carbide vs Union Govt case and intervened to provide compensation to victims of the deadly Bhopal Gas Tragedy.

About Jordan Valley:

• It is a rift valleyin the Middle East in southwestern Asia.
• A segment of the East African Rift System, the Jordan Valley is about 105 kilometers long and stretches from the Sea of ​​Galilee in the north to the Dead Sea in the south.
• It is located along the Jordan Riverand along Jordan’s western border with Israel and the West Bank.
• It comprises over a fifth of the territory of the West Bank. 
• It drops more than 1,400 feet (430 metres) below sea level at the Dead Sea, the lowest natural point on Earth’s surface.
• Its width extends about 6 miles (10 km), though it becomes narrower in some locations.
• Though the valley is sparsely populated, some communities exist, most notably the city of Jericho in the West Bank. 
• The Jordan Valley holds immense religious importance for Christianity, Judaism, and Islam.

About Darwin’s Finches:

• Darwin’s finches, named after Charles Darwin, are small land birds.
• They comprise a group of 15 species endemic to the Galápagos (14 species) and Cocos (1 species) Islands in the Pacific Ocean.
• The group is monophyletic and originated from a common ancestral species that reached the Galápagos Archipelago from Central or South America.
  • Descendants of this ancestor on the Archipelago then colonized Cocos Island. 
• Darwin’s finches are all very similar in shape, size, and colour, but there are a few differences which can help when identifying them. These include diet, habitat, and beak size and shape.
• They’re known for their remarkably diverse beak form and function, evolved to suit the different food types available across the islands.
• From seeds and fruits to invertebrates and even blood, their widely varied beak shapes and sizes have allowed each species to occupy different niches of the islands.
• Darwin’s finches are the classic example of adaptive radiation, the evolution of groups of plants or animals into different species adapted to specific ecological niches. 

About Haber-Bosch Process:

• It is a process that fixes nitrogen with hydrogen to produce Ammonia (NH3)—a critical part of the manufacture of plant fertilizers.
• The process was developed in the early 1900s by Fritz Haber and was later modified to become an industrial process to make fertilizers by Carl Bosch.
• It is considered by many scientists and scholars as one of the most important technological advances of the 20th century.
• It is extremely important because it was the first of the processes developed that allowed people to mass-produce plant fertilizers due to the production of ammonia.
• It was the first industrial chemical process to use high pressure for a chemical reaction. 
• How does the Haber-Bosch Process Work?
  • It directly combines nitrogen from the air with hydrogen under extremely high pressures and moderately high temperatures.
  • A catalyst made mostly from ironenables the reaction to be carried out at a lower temperature than would otherwise be practicable.
  • The removal of ammonia from the batch as soon as it is formed ensures that an equilibrium favouring product formation is maintained. 
  • The lower the temperature and the higher the pressure used, the greater the proportion of ammonia yielded in the mixture. 

About THAAD Missile System:

• It is a missile defense system that can engage and destroy short-, medium-, and intermediate-range ballistic missiles during their terminal phase of flight.
• Key features
  • It has a “hit to kill” approach which blasts missiles as they enter their target zone during their descent.
  • It uses kinetic energyto destroy incoming nuclear warheads. 
  • Target range: It can cover a wide area, engaging targets at distances between 150-200 kilometers (93-124 miles).
• Development of THAAD
  • It was developed by the US after their experience of Iraq's Scud missile attacks during the Persian Gulf War in 1991.
  • In 2008, the US deployed an early missile warning radar, a part of the THAAD system to Israel. Similar deployments were also made in 2012 and 2019, aiding Israel's ability to emerge as a military power.