If you are stuck in such a situation, here is what to do.

A query was raised by Mr. Sharma, who works as a delivery executive for a prominent app-based service, ‘SwiftDeliveries,’ in the city of Aravalli. He brought to light a significant operational failure affecting numerous workers. The company operates large delivery hubs, often with more than fifty employees working in shifts, but fails to provide basic sanitary facilities like toilets.

Mr. Sharma noted that when he and his colleagues inquired about washrooms, they were casually told by supervisors and security personnel to use public spaces. The workforce, largely comprising individuals focused on completing their shifts and earning their livelihood, hesitates to formally complain, fearing reprisal or complications. During a recent five-hour shift, Mr. Sharma personally experienced the distress of having no access to a toilet, forcing him to travel over a kilometer back to his residence. This situation is not just about inconvenience; it is a matter of human dignity, public health, and hygiene, especially as these employees are responsible for handling groceries and food items for customers.

Advice in such cases

This issue is a direct violation of labour laws and fundamental rights. Companies, especially large-scale employers like ‘SwiftDeliveries,’ have a legal and moral obligation to provide safe and hygienic working conditions, which unequivocally includes access to clean toilets. The lack of such facilities is not a minor oversight but a systemic failure that can be legally challenged.

Applicable Sections of Law

The legal framework in India provides protection for workers in such situations. While gig workers exist in a legally grey area, the nature of their work under a large organized entity brings the employer under the purview of several statutes:

• The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code): This is a comprehensive new law that consolidates and amends the laws regulating occupational safety, health, and working conditions. Section 20 of the OSH Code explicitly mandates that every workplace must be provided with a sufficient number of latrines and urinals. It also specifies that these facilities must be separate for male, female, and transgender employees, kept clean, and maintained in a sanitary condition. Delivery hubs for large corporations fall under the definition of an “establishment” and are required to comply.
• State-specific Shops and Establishment Acts: Most states have their own Shops and Establishment Acts that regulate working conditions. These acts typically contain provisions requiring employers to provide and maintain sufficient and suitable sanitary conveniences for their employees.
• The Constitution of India: Article 21 of the Constitution guarantees the Right to Life and Personal Liberty. The Supreme Court of India has interpreted this to include the right to live with human dignity. Denying access to basic sanitation facilities at the workplace is a clear violation of this fundamental right.

If you are the complainant

If you find yourself in this situation, you are not helpless. You can take the following steps to seek redressal:

• Document Everything: Gather evidence. Take photographs or videos of the workplace/hub that show the absence of toilet facilities. Keep a record of your work shifts, such as screenshots from the company’s app.
• Unite with Colleagues: Your voice is stronger in a group. Talk to other delivery executives who are facing the same issue. A collective complaint carries more weight and reduces the risk of individual targeting.
• Send a Formal Communication: As a group, draft a formal letter or email to the company’s human resources or operations department. Clearly state the problem, mention the number of affected workers, and demand the provision of toilet facilities as required by law. Keep a copy of this communication.
• File a Complaint with the Labour Department: If the company fails to respond or take action, you can file a formal complaint with the Labour Commissioner or the Inspector appointed under the OSH Code, 2020 (or the relevant State Shops and Establishment Act) in your area. They are empowered to inspect the premises and direct the employer to comply with the law.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A Good lawyer can get the issues resolve in 7-10 days.

If you are the victim

As a victim of such neglectful working conditions, your dignity and health are at risk. It is crucial to understand that you are entitled to a safe and hygienic workplace. The steps outlined for a complainant apply directly to you. Your personal testimony, detailing the hardship and health risks you face, is a powerful piece of evidence. Do not feel intimidated. The law is on your side, and regulatory bodies exist to enforce your rights. Seeking legal counsel can provide you with a clear path forward and ensure your case is presented effectively to the authorities.

How the police behave in such cases

This is primarily a labour law issue, not a criminal matter for the police to handle under the Bharatiya Nyaya Sanhita (BNS). The police generally do not have jurisdiction over workplace condition disputes unless a specific criminal offense, such as wrongful restraint or public nuisance caused by the workers being forced to use open spaces, is reported. The appropriate authority to approach is the Labour Department or the Inspector of Factories/Shops and Establishments. The police would only get involved to maintain law and order if, for instance, a protest by workers occurs.

FAQs people normally have

What evidence is required?

To build a strong case, you should gather the following:

• Photographic or video evidence of the delivery hub, clearly showing the lack of toilet facilities.
• Written statements or testimonies from multiple affected workers.
• Copies of your work agreement, or screenshots from the app showing your employment status and work location.
• A copy of any written communication sent to the company regarding this issue.
• A log or diary noting instances where you or your colleagues faced difficulties due to the lack of washrooms.

How long will the investigation take?

The duration of an investigation by the Labour Department can vary. After a complaint is filed, an inspector will likely visit the premises. The process may take a few weeks to a few months, depending on the department’s workload and the employer’s cooperation. Engaging a lawyer can often help in expediting the process through regular follow-ups and ensuring all legal formalities are correctly handled.

Advocate Sudhir Rao, Supreme Court of India