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(The working conditions of gig workers is a key focus area for The Quint. Become a member to support our journalism.)
Trigger Warning: Mentions of sexual harassment.
On a September evening, 33-year-old Uber driver Sarita (name changed) was driving back to her home in South Delhi when she accepted a ride to make some 'extra cash'. Little did she know that the 20-minute ride would turn into a nightmare.
Her three customers were 'drunk', who, she alleged, kept passing sexual comments about how 'attractive' she was – and even touched her inappropriately'.
"He then started talking about sex... and placed his hand over mine while I was trying to change the gear and ran it up to my neck," she recalled.
After somehow finishing the ride, Sarita immediately called Uber's helpline number. But all they asked her to do was to give the customer a 'bad rating' – and that they would at their end 'block him', she claimed.
In India, at least three app-based companies – Uber, Ola, and Urban Company – have women gig workers. Yet, they are not protected under the ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) or PoSH Act which was introduced 10 years ago to prevent and address sexual harassment at the workplace. In September, a Karnataka High Court judgment classified Ola drivers as 'employees' under PoSH. The order, though currently stayed, can have large implications on the gig economy.
As their phones go off for a day, they talk to The Quint about the everyday harassment they face.
According to the Economic Survey 2024, India's gig workforce is likely to grow from 77 lakh in 2020-21 to 2.35 crore by 2029-30. Although there is no gender disaggregated data, Taskmo, a task fulfilment platform that hires gig workers, reports that women’s participation in the gig economy is only about 28%.
At least five of the 10 women gig workers The Quint spoke with in India's metros admitted to being sexually harassed at least once.
Thirty-year-old Parvathy (name changed), an Uber driver in Delhi-NCR, shared how she's labelled a 'sex worker' because she drives at night.
"The man kept telling me that he was coming down to sleep with me and that I should be ready for it. I yelled back at him, but he cut the call and cancelled the ride. I felt so humiliated," she recounted.
Radha (name changed), another app-based driver, added that "unruly passengers are common."
All three female drivers conceded that it may sound like a "one-off, bad incident" – but many of their peers had shared with them about facing some form of harassment or the other.
What's worse is that they fear challenging the customers because "it might lead to a low rating, which can impact our chances of getting work, and if they file a complaint... it can result in penalties," they explained.
While Ola declined to comment to The Quint's queries, emails to Uber and Urban Company went unanswered despite multiple attempts. However, a reason often stated is that gig workers are not employees, but 'aggregators' or 'independent contractors' with these platforms.
Chiara Furtado, a researcher on labour and digitalisation at the Centre for Internet and Society, explained to The Quint,
Mala (name changed), a 35-year-old Bengaluru-based beautician with Urban Company, initially hesitant to speak with The Quint, recounted how she has often faced cases of men booking for services on behalf of women, as well as for men, which the platform strictly prohibits.
Though Mala wanted to cancel the booking, she feared being blocked by Urban Company.
At least seven Urban Company women workers shared similar experiences with The Quint.
Roshini (38) (name changed) from Noida and Deepti (32) (name changed) from Mumbai said they have been often asked to provide bikini waxing services to female clients in the presence of their husbands or boyfriends.
Deepti, meanwhile, told her client that she would not continue until her husband left the room. "They ended up giving me a bad rating which affected my performance," she added.
All the three women admitted to The Quint that they find themselves in a dilemma on cancelling the bookings after reaching a client's house.
"If we find ourselves in an uncomfortable situation, we still find it difficult to cancel. Our clients threaten to complain, and even if the company intervenes and asks us to leave the place, they end up cutting the cancellation fee from us instead of the client," they said.
The PoSH Act legally obligates employers to prevent and prohibit sexual harassment in the workplace, requiring them to establish an Internal Complaints Committee (ICC) and a redressal mechanism for individuals seeking justice. App-based companies lack the mandatory procedures required by the PoSH Act. But what about any internal guidelines to safeguard women gig workers?
"We do have any training session during the onboarding process. There hasn't even been any training on how to handle such issues," said Mala to The Quint.
In such a scenario, women workers said although they want to lodge a complaint to their respective app-based companies regarding instances of sexual harassment by customers, "there is no point of contact or representative to call apart from the helpline number".
Although Uber acknowledges behaviour "involving violence, sexual misconduct, harassment" in its terms & conditions, the action taken by the company is "immediate loss of your account..."
"Additionally, when law enforcement is involved, we will cooperate with their investigation," the guideline states.
"How can they dare tell us that there's nothing more they can do? If we're working for them day and night, our safety needs to be protected, right?" Sarita asked.
Urban Company workers told The Quint that women aggregators are asked to "run off" from the client's place if they are being harassed.
Though Urban Company, in its terms & conditions, states that a 'designated grievance redressal officer' can be reached out for 'complaints and queries', this can only be done via email or post.
This – workers said – was 'insensitive' on the part of aggregators. Mala alleged,
Deepti added, "Urban Company is habitual of blocking IDs for no reason. Complaints against clients will only increase that. Plus, they often ask us for proof. How can we take a photo when someone is sexually harassing us?"
"Woh humari kahan sunte hai. Woh sirf customer ka side lenge. Aur humein ladne ki takat nahi hoti hai kyunki humare job ka sawal hai... (They don't listen to us; they only side with the customers. We don't have strength to fight the battle because we fear that we will lose our jobs)," they said.
Mala added that it was not "easy" for workers to go to the police and file a complaint.
All 10 workers this reporter to spoke to had one demand – implementation of a 'proper sexual harassment policy and a grievance redressal in case of any complaints'.
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