Abstract
ABSTRACT The employer-employee relationship forms the foundation from which a host of social security benefits and labour rights emerge. Workers are traditionally classified as employees hired under a contract of service or independent contractors hired under a contract for service. Over the years, Indian courts have relied on the control, integration, and multi-factor tests to determine the correct nature of employment contracts. This article explores the evolution of these tests and examines whether the burden of proof in determining the existence of employer-employee relationships requires modification. It then dissects the efficacy of the current multi-factor test in emerging platforms and gig economies by looking at the standard form contract signed by a popular food delivery platform with its delivery partners in India. Finally, the article explores the ability of the newly enacted labour codes, particularly the Code on Social Security 2020, to address the classification conundrum and its consistency with precedents.
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