CLAT Exam  >  CLAT Questions  >   Directions: Read the following passage and a... Start Learning for Free
Directions: Read the following passage and answer the question.
The Supreme Court agreed to examine the public interest litigation seeking social security benefits to gig workers and platform workers engaged by Uber, Ola Cabs, Swiggy and Zomato. It was argued before the SC that gig workers and platform workers need to be recognised as workmen within the meaning of all the applicable social security legislation. Referring to the Unorganised Workers' Social Security Act, 2008, it was contended that these workers are unorganised workers within its meaning and hence, they are entitled to registration and social security under it. These workers are not what their companies have been claiming, which is that they are independent contractors.
The Court's attention was drawn to the United Kingdom Supreme Court judgment that has analysed the contract between Uber and the employee and found that the contract is only a subterfuge and the real relationship between Uber and its employee is that of employer and employee. The plea asserts that the denial of social security like pension and health insurance to gig workers and platform workers is an affront to workers' right to life and right against forced labour that are secured by Articles 14 (equality), 21 (right to life) and 23 (prohibition of traffic in human beings and forced labour) of the Constitution of India. The plea seeks a declaration from the court that gig workers are unorganised workers and/or wage workers within the meaning of the Unorganised Workers' Social Security Act, 2008, and hence entitled to be registered under the said Act.
An independent contractor works on their own, they are responsible for taxes and insurance. If they work for an agency, that agency may be responsible for paying their taxes. It depends on the relationship between the worker and the organisation. In the alternative, the petitioners seek the benefit of the existing social security laws since according to them, the relationship between the aggregator and the driver is one of employer and employee. The mere fact that their employers call themselves aggregators and enter into so-called partnership agreements does not take away from the fact that there exists a jural relationship of employer and employee between them, the plea argues. The said contracts, the plea states, are a mere device to disguise the nature of the relationship, which is de jure and de facto a relationship of employer and worker, being a contract of employment.
Q. Dentists, veterinarians, and lawyers practising independently can be classified as:
  • a)
    Freelancers
  • b)
    Workers of unorganised sector
  • c)
    Independent contractors
  • d)
    None of the above
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the following passage and answer the question.The Su...
People such as doctors, dentists, veterinarians, lawyers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors. The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. There is confusion between freelancers and independent contractors, but this can be cleared by use of tax deduction example. In case of lawyer, doctor and veterinarian, no tax is needed to be deducted by the payer. In contrast, if a certain threshold is reached in the case of freelancers, then tax needs to be deducted by the payer.
Attention CLAT Students!
To make sure you are not studying endlessly, EduRev has designed CLAT study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CLAT.
Explore Courses for CLAT exam

Similar CLAT Doubts

Directions: Read the following passage and answer the question.The Supreme Court agreed to examine the public interest litigation seeking social security benefits to gig workers and platform workers engaged by Uber, Ola Cabs, Swiggy and Zomato. It was argued before the SC that gig workers and platform workers need to be recognised as workmen within the meaning of all the applicable social security legislation. Referring to the Unorganised Workers' Social Security Act, 2008, it was contended that these workers are unorganised workers within its meaning and hence, they are entitled to registration and social security under it. These workers are not what their companies have been claiming, which is that they are independent contractors.The Court's attention was drawn to the United Kingdom Supreme Court judgment that has analysed the contract between Uber and the employee and found that the contract is only a subterfuge and the real relationship between Uber and its employee is that of employer and employee. The plea asserts that the denial of social security like pension and health insurance to gig workers and platform workers is an affront to workers' right to life and right against forced labour that are secured by Articles 14 (equality), 21 (right to lif e) and 23 (prohibition of traffic in human beings and forced labour) of the Constitution of India. The plea seeks a declaration from the court that gig workers are unorganised workers and/or wage workers within the meaning of the Unorganised Workers' Social Security Act, 2008, and hence entitled to be registered under the said Act.An independent contractor works on their own, they are responsible for taxes and insurance. If they work for an agency, that agency may be responsible for paying their taxes. It depends on the relationship between the worker and the organisation. In the alternative, the petitioners seek the benefit of the existing social security laws since according to them, the relationship between the aggregator and the driver is one of employer and employee. The mere fact that their employers call themselves aggregators and enter into so-called partnership agreements does not take away from the fact that there exists a jural relationship of employer and employee between them, the plea argues. The said contracts, the plea states, are a mere device to disguise the nature of the relationship, which is de jure and de facto a relationship of employer and worker, being a contract of employment.Q. The unorganised labour force can be categorised on the basis of

Directions: Read the following passage and answer the question.The Supreme Court agreed to examine the public interest litigation seeking social security benefits to gig workers and platform workers engaged by Uber, Ola Cabs, Swiggy and Zomato. It was argued before the SC that gig workers and platform workers need to be recognised as workmen within the meaning of all the applicable social security legislation. Referring to the Unorganised Workers' Social Security Act, 2008, it was contended that these workers are unorganised workers within its meaning and hence, they are entitled to registration and social security under it. These workers are not what their companies have been claiming, which is that they are independent contractors.The Court's attention was drawn to the United Kingdom Supreme Court judgment that has analysed the contract between Uber and the employee and found that the contract is only a subterfuge and the real relationship between Uber and its employee is that of employer and employee. The plea asserts that the denial of social security like pension and health insurance to gig workers and platform workers is an affront to workers' right to life and right against forced labour that are secured by Articles 14 (equality), 21 (right to lif e) and 23 (prohibition of traffic in human beings and forced labour) of the Constitution of India. The plea seeks a declaration from the court that gig workers are unorganised workers and/or wage workers within the meaning of the Unorganised Workers' Social Security Act, 2008, and hence entitled to be registered under the said Act.An independent contractor works on their own, they are responsible for taxes and insurance. If they work for an agency, that agency may be responsible for paying their taxes. It depends on the relationship between the worker and the organisation. In the alternative, the petitioners seek the benefit of the existing social security laws since according to them, the relationship between the aggregator and the driver is one of employer and employee. The mere fact that their employers call themselves aggregators and enter into so-called partnership agreements does not take away from the fact that there exists a jural relationship of employer and employee between them, the plea argues. The said contracts, the plea states, are a mere device to disguise the nature of the relationship, which is de jure and de facto a relationship of employer and worker, being a contract of employment.Q. The principal is liable for the acts authorised by him and done by his agent. For the principal to be held liable, it is necessary that the principal should have authorised the activity. The authority can be expressed or implied.Anand was authorised to clean the car of Shashank, and in doing so, he damaged the car of a neighbour. Who is liable here, Anand or Shashank, for the damage caused to the neighbour's car?

Directions: Read the following passage and answer the question.The Supreme Court agreed to examine the public interest litigation seeking social security benefits to gig workers and platform workers engaged by Uber, Ola Cabs, Swiggy and Zomato. It was argued before the SC that gig workers and platform workers need to be recognised as workmen within the meaning of all the applicable social security legislation. Referring to the Unorganised Workers' Social Security Act, 2008, it was contended that these workers are unorganised workers within its meaning and hence, they are entitled to registration and social security under it. These workers are not what their companies have been claiming, which is that they are independent contractors.The Court's attention was drawn to the United Kingdom Supreme Court judgment that has analysed the contract between Uber and the employee and found that the contract is only a subterfuge and the real relationship between Uber and its employee is that of employer and employee. The plea asserts that the denial of social security like pension and health insurance to gig workers and platform workers is an affront to workers' right to life and right against forced labour that are secured by Articles 14 (equality), 21 (right to lif e) and 23 (prohibition of traffic in human beings and forced labour) of the Constitution of India. The plea seeks a declaration from the court that gig workers are unorganised workers and/or wage workers within the meaning of the Unorganised Workers' Social Security Act, 2008, and hence entitled to be registered under the said Act.An independent contractor works on their own, they are responsible for taxes and insurance. If they work for an agency, that agency may be responsible for paying their taxes. It depends on the relationship between the worker and the organisation. In the alternative, the petitioners seek the benefit of the existing social security laws since according to them, the relationship between the aggregator and the driver is one of employer and employee. The mere fact that their employers call themselves aggregators and enter into so-called partnership agreements does not take away from the fact that there exists a jural relationship of employer and employee between them, the plea argues. The said contracts, the plea states, are a mere device to disguise the nature of the relationship, which is de jure and de facto a relationship of employer and worker, being a contract of employment.Q. Under the 'supervision and control' test, the employer has the right to tell the employee what to do, how, when and where to do the job. Apply this 'supervision and control' test on Uber and Ola drivers to see whether they are independent contractors or employees.

Directions: Read the following passage and answer the question.The Supreme Court agreed to examine the public interest litigation seeking social security benefits to gig workers and platform workers engaged by Uber, Ola Cabs, Swiggy and Zomato. It was argued before the SC that gig workers and platform workers need to be recognised as workmen within the meaning of all the applicable social security legislation. Referring to the Unorganised Workers' Social Security Act, 2008, it was contended that these workers are unorganised workers within its meaning and hence, they are entitled to registration and social security under it. These workers are not what their companies have been claiming, which is that they are independent contractors.The Court's attention was drawn to the United Kingdom Supreme Court judgment that has analysed the contract between Uber and the employee and found that the contract is only a subterfuge and the real relationship between Uber and its employee is that of employer and employee. The plea asserts that the denial of social security like pension and health insurance to gig workers and platform workers is an affront to workers' right to life and right against forced labour that are secured by Articles 14 (equality), 21 (right to lif e) and 23 (prohibition of traffic in human beings and forced labour) of the Constitution of India. The plea seeks a declaration from the court that gig workers are unorganised workers and/or wage workers within the meaning of the Unorganised Workers' Social Security Act, 2008, and hence entitled to be registered under the said Act.An independent contractor works on their own, they are responsible for taxes and insurance. If they work for an agency, that agency may be responsible for paying their taxes. It depends on the relationship between the worker and the organisation. In the alternative, the petitioners seek the benefit of the existing social security laws since according to them, the relationship between the aggregator and the driver is one of employer and employee. The mere fact that their employers call themselves aggregators and enter into so-called partnership agreements does not take away from the fact that there exists a jural relationship of employer and employee between them, the plea argues. The said contracts, the plea states, are a mere device to disguise the nature of the relationship, which is de jure and de facto a relationship of employer and worker, being a contract of employment.Q. Direction and Control Test: If a person receives directions from the employer on how to do the job, then he is an employee. If not, he is an independent contractor.Imagine that Ramesh is a taxi driver, and Rajesh asked Ramesh to take him to the airport and in-between stop at two places. Is Ramesh an employee or independent contractor?

The Writ Jurisdiction of Supreme Court can be invoked under Article 32 of the Constitution for the violation of fundamental rights guaranteed under Part – III of the Constitution. Any provision in any Constitution for Fundamental Rights is meaningless unless there are adequate safeguards to ensure enforcement of such provisions. Since the reality of such rights is tested only through the judiciary, the safeguards assume even more importance. In addition, enforcement also depends upon the degree of independence of the Judiciary and the availability of relevant instruments with the executive authority. Indian Constitution, like most of Western Constitutions, lays down certain provisions to ensure the enforcement of Fundamental Rights.However, Article 32 is referred to as the “Constitutional Remedy” for enforcement of Fundamental Rights. This provision itself has been included in the Fundamental Rights and hence it cannot be denied to any person. Dr. B. R. Ambedkar described Article 32 as the most important one, without which the Constitution would be reduced to nullity. It is also referred to as the heart and soul of the Constitution. By including Article 32 in the Fundamental Rights, the Supreme Court has been made the protector and guarantor of these Rights. An application made under Article 32 of the Constitution before the Supreme Court, cannot be refused on technical grounds. In addition to the prescribed five types of writs, the Supreme Court may pass any other appropriate order. Moreover, only the questions pertaining to the Fundamental Rights can be determined in proceedings against Article 32. Under Article 32, the Supreme Court may issue a Writ against any person or government within the territory of India. Where the infringement of a Fundamental Right has been established, the Supreme Court cannot refuse relief on the ground that the aggrieved person may have remedy before some other court or under the ordinary law.The relief can also not be denied on the ground that the disputed facts have to be investigated or some evidence has to be collected. Even if an aggrieved person has not asked for a particular Writ, the Supreme Court, after considering the facts and circumstances, may grant the appropriate Writ and may even modify it to suit the exigencies of the case. Normally, only the aggrieved person is allowed to move the Court. But it has been held by the Supreme Court that in social or public interest matters, any one may move the Court. A Public Interest Litigation can be filed before the Supreme Court under Article 32 of the Constitution or before the High Court of a State under Article 226 of the Constitution under their respective Writ Jurisdictions.Q. All of the following can be inferred from the passage except

Top Courses for CLAT

Directions: Read the following passage and answer the question.The Supreme Court agreed to examine the public interest litigation seeking social security benefits to gig workers and platform workers engaged by Uber, Ola Cabs, Swiggy and Zomato. It was argued before the SC that gig workers and platform workers need to be recognised as workmen within the meaning of all the applicable social security legislation. Referring to the Unorganised Workers' Social Security Act, 2008, it was contended that these workers are unorganised workers within its meaning and hence, they are entitled to registration and social security under it. These workers are not what their companies have been claiming, which is that they are independent contractors.The Court's attention was drawn to the United Kingdom Supreme Court judgment that has analysed the contract between Uber and the employee and found that the contract is only a subterfuge and the real relationship between Uber and its employee is that of employer and employee. The plea asserts that the denial of social security like pension and health insurance to gig workers and platform workers is an affront to workers' right to life and right against forced labour that are secured by Articles 14 (equality), 21 (right to life) and 23 (prohibition of traffic in human beings and forced labour) of the Constitution of India. The plea seeks a declaration from the court that gig workers are unorganised workers and/or wage workers within the meaning of the Unorganised Workers' Social Security Act, 2008, and hence entitled to be registered under the said Act.An independent contractor works on their own, they are responsible for taxes and insurance. If they work for an agency, that agency may be responsible for paying their taxes. It depends on the relationship between the worker and the organisation. In the alternative, the petitioners seek the benefit of the existing social security laws since according to them, the relationship between the aggregator and the driver is one of employer and employee. The mere fact that their employers call themselves aggregators and enter into so-called partnership agreements does not take away from the fact that there exists a jural relationship of employer and employee between them, the plea argues. The said contracts, the plea states, are a mere device to disguise the nature of the relationship, which is de jure and de facto a relationship of employer and worker, being a contract of employment.Q. Dentists, veterinarians, and lawyers practising independently can be classified as:a)Freelancersb)Workers of unorganised sectorc)Independent contractorsd)None of the aboveCorrect answer is option 'C'. Can you explain this answer?
Question Description
Directions: Read the following passage and answer the question.The Supreme Court agreed to examine the public interest litigation seeking social security benefits to gig workers and platform workers engaged by Uber, Ola Cabs, Swiggy and Zomato. It was argued before the SC that gig workers and platform workers need to be recognised as workmen within the meaning of all the applicable social security legislation. Referring to the Unorganised Workers' Social Security Act, 2008, it was contended that these workers are unorganised workers within its meaning and hence, they are entitled to registration and social security under it. These workers are not what their companies have been claiming, which is that they are independent contractors.The Court's attention was drawn to the United Kingdom Supreme Court judgment that has analysed the contract between Uber and the employee and found that the contract is only a subterfuge and the real relationship between Uber and its employee is that of employer and employee. The plea asserts that the denial of social security like pension and health insurance to gig workers and platform workers is an affront to workers' right to life and right against forced labour that are secured by Articles 14 (equality), 21 (right to life) and 23 (prohibition of traffic in human beings and forced labour) of the Constitution of India. The plea seeks a declaration from the court that gig workers are unorganised workers and/or wage workers within the meaning of the Unorganised Workers' Social Security Act, 2008, and hence entitled to be registered under the said Act.An independent contractor works on their own, they are responsible for taxes and insurance. If they work for an agency, that agency may be responsible for paying their taxes. It depends on the relationship between the worker and the organisation. In the alternative, the petitioners seek the benefit of the existing social security laws since according to them, the relationship between the aggregator and the driver is one of employer and employee. The mere fact that their employers call themselves aggregators and enter into so-called partnership agreements does not take away from the fact that there exists a jural relationship of employer and employee between them, the plea argues. The said contracts, the plea states, are a mere device to disguise the nature of the relationship, which is de jure and de facto a relationship of employer and worker, being a contract of employment.Q. Dentists, veterinarians, and lawyers practising independently can be classified as:a)Freelancersb)Workers of unorganised sectorc)Independent contractorsd)None of the aboveCorrect answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.The Supreme Court agreed to examine the public interest litigation seeking social security benefits to gig workers and platform workers engaged by Uber, Ola Cabs, Swiggy and Zomato. It was argued before the SC that gig workers and platform workers need to be recognised as workmen within the meaning of all the applicable social security legislation. Referring to the Unorganised Workers' Social Security Act, 2008, it was contended that these workers are unorganised workers within its meaning and hence, they are entitled to registration and social security under it. These workers are not what their companies have been claiming, which is that they are independent contractors.The Court's attention was drawn to the United Kingdom Supreme Court judgment that has analysed the contract between Uber and the employee and found that the contract is only a subterfuge and the real relationship between Uber and its employee is that of employer and employee. The plea asserts that the denial of social security like pension and health insurance to gig workers and platform workers is an affront to workers' right to life and right against forced labour that are secured by Articles 14 (equality), 21 (right to life) and 23 (prohibition of traffic in human beings and forced labour) of the Constitution of India. The plea seeks a declaration from the court that gig workers are unorganised workers and/or wage workers within the meaning of the Unorganised Workers' Social Security Act, 2008, and hence entitled to be registered under the said Act.An independent contractor works on their own, they are responsible for taxes and insurance. If they work for an agency, that agency may be responsible for paying their taxes. It depends on the relationship between the worker and the organisation. In the alternative, the petitioners seek the benefit of the existing social security laws since according to them, the relationship between the aggregator and the driver is one of employer and employee. The mere fact that their employers call themselves aggregators and enter into so-called partnership agreements does not take away from the fact that there exists a jural relationship of employer and employee between them, the plea argues. The said contracts, the plea states, are a mere device to disguise the nature of the relationship, which is de jure and de facto a relationship of employer and worker, being a contract of employment.Q. Dentists, veterinarians, and lawyers practising independently can be classified as:a)Freelancersb)Workers of unorganised sectorc)Independent contractorsd)None of the aboveCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.The Supreme Court agreed to examine the public interest litigation seeking social security benefits to gig workers and platform workers engaged by Uber, Ola Cabs, Swiggy and Zomato. It was argued before the SC that gig workers and platform workers need to be recognised as workmen within the meaning of all the applicable social security legislation. Referring to the Unorganised Workers' Social Security Act, 2008, it was contended that these workers are unorganised workers within its meaning and hence, they are entitled to registration and social security under it. These workers are not what their companies have been claiming, which is that they are independent contractors.The Court's attention was drawn to the United Kingdom Supreme Court judgment that has analysed the contract between Uber and the employee and found that the contract is only a subterfuge and the real relationship between Uber and its employee is that of employer and employee. The plea asserts that the denial of social security like pension and health insurance to gig workers and platform workers is an affront to workers' right to life and right against forced labour that are secured by Articles 14 (equality), 21 (right to life) and 23 (prohibition of traffic in human beings and forced labour) of the Constitution of India. The plea seeks a declaration from the court that gig workers are unorganised workers and/or wage workers within the meaning of the Unorganised Workers' Social Security Act, 2008, and hence entitled to be registered under the said Act.An independent contractor works on their own, they are responsible for taxes and insurance. If they work for an agency, that agency may be responsible for paying their taxes. It depends on the relationship between the worker and the organisation. In the alternative, the petitioners seek the benefit of the existing social security laws since according to them, the relationship between the aggregator and the driver is one of employer and employee. The mere fact that their employers call themselves aggregators and enter into so-called partnership agreements does not take away from the fact that there exists a jural relationship of employer and employee between them, the plea argues. The said contracts, the plea states, are a mere device to disguise the nature of the relationship, which is de jure and de facto a relationship of employer and worker, being a contract of employment.Q. Dentists, veterinarians, and lawyers practising independently can be classified as:a)Freelancersb)Workers of unorganised sectorc)Independent contractorsd)None of the aboveCorrect answer is option 'C'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.The Supreme Court agreed to examine the public interest litigation seeking social security benefits to gig workers and platform workers engaged by Uber, Ola Cabs, Swiggy and Zomato. It was argued before the SC that gig workers and platform workers need to be recognised as workmen within the meaning of all the applicable social security legislation. Referring to the Unorganised Workers' Social Security Act, 2008, it was contended that these workers are unorganised workers within its meaning and hence, they are entitled to registration and social security under it. These workers are not what their companies have been claiming, which is that they are independent contractors.The Court's attention was drawn to the United Kingdom Supreme Court judgment that has analysed the contract between Uber and the employee and found that the contract is only a subterfuge and the real relationship between Uber and its employee is that of employer and employee. The plea asserts that the denial of social security like pension and health insurance to gig workers and platform workers is an affront to workers' right to life and right against forced labour that are secured by Articles 14 (equality), 21 (right to life) and 23 (prohibition of traffic in human beings and forced labour) of the Constitution of India. The plea seeks a declaration from the court that gig workers are unorganised workers and/or wage workers within the meaning of the Unorganised Workers' Social Security Act, 2008, and hence entitled to be registered under the said Act.An independent contractor works on their own, they are responsible for taxes and insurance. If they work for an agency, that agency may be responsible for paying their taxes. It depends on the relationship between the worker and the organisation. In the alternative, the petitioners seek the benefit of the existing social security laws since according to them, the relationship between the aggregator and the driver is one of employer and employee. The mere fact that their employers call themselves aggregators and enter into so-called partnership agreements does not take away from the fact that there exists a jural relationship of employer and employee between them, the plea argues. The said contracts, the plea states, are a mere device to disguise the nature of the relationship, which is de jure and de facto a relationship of employer and worker, being a contract of employment.Q. Dentists, veterinarians, and lawyers practising independently can be classified as:a)Freelancersb)Workers of unorganised sectorc)Independent contractorsd)None of the aboveCorrect answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the following passage and answer the question.The Supreme Court agreed to examine the public interest litigation seeking social security benefits to gig workers and platform workers engaged by Uber, Ola Cabs, Swiggy and Zomato. It was argued before the SC that gig workers and platform workers need to be recognised as workmen within the meaning of all the applicable social security legislation. Referring to the Unorganised Workers' Social Security Act, 2008, it was contended that these workers are unorganised workers within its meaning and hence, they are entitled to registration and social security under it. These workers are not what their companies have been claiming, which is that they are independent contractors.The Court's attention was drawn to the United Kingdom Supreme Court judgment that has analysed the contract between Uber and the employee and found that the contract is only a subterfuge and the real relationship between Uber and its employee is that of employer and employee. The plea asserts that the denial of social security like pension and health insurance to gig workers and platform workers is an affront to workers' right to life and right against forced labour that are secured by Articles 14 (equality), 21 (right to life) and 23 (prohibition of traffic in human beings and forced labour) of the Constitution of India. The plea seeks a declaration from the court that gig workers are unorganised workers and/or wage workers within the meaning of the Unorganised Workers' Social Security Act, 2008, and hence entitled to be registered under the said Act.An independent contractor works on their own, they are responsible for taxes and insurance. If they work for an agency, that agency may be responsible for paying their taxes. It depends on the relationship between the worker and the organisation. In the alternative, the petitioners seek the benefit of the existing social security laws since according to them, the relationship between the aggregator and the driver is one of employer and employee. The mere fact that their employers call themselves aggregators and enter into so-called partnership agreements does not take away from the fact that there exists a jural relationship of employer and employee between them, the plea argues. The said contracts, the plea states, are a mere device to disguise the nature of the relationship, which is de jure and de facto a relationship of employer and worker, being a contract of employment.Q. Dentists, veterinarians, and lawyers practising independently can be classified as:a)Freelancersb)Workers of unorganised sectorc)Independent contractorsd)None of the aboveCorrect answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer the question.The Supreme Court agreed to examine the public interest litigation seeking social security benefits to gig workers and platform workers engaged by Uber, Ola Cabs, Swiggy and Zomato. It was argued before the SC that gig workers and platform workers need to be recognised as workmen within the meaning of all the applicable social security legislation. Referring to the Unorganised Workers' Social Security Act, 2008, it was contended that these workers are unorganised workers within its meaning and hence, they are entitled to registration and social security under it. These workers are not what their companies have been claiming, which is that they are independent contractors.The Court's attention was drawn to the United Kingdom Supreme Court judgment that has analysed the contract between Uber and the employee and found that the contract is only a subterfuge and the real relationship between Uber and its employee is that of employer and employee. The plea asserts that the denial of social security like pension and health insurance to gig workers and platform workers is an affront to workers' right to life and right against forced labour that are secured by Articles 14 (equality), 21 (right to life) and 23 (prohibition of traffic in human beings and forced labour) of the Constitution of India. The plea seeks a declaration from the court that gig workers are unorganised workers and/or wage workers within the meaning of the Unorganised Workers' Social Security Act, 2008, and hence entitled to be registered under the said Act.An independent contractor works on their own, they are responsible for taxes and insurance. If they work for an agency, that agency may be responsible for paying their taxes. It depends on the relationship between the worker and the organisation. In the alternative, the petitioners seek the benefit of the existing social security laws since according to them, the relationship between the aggregator and the driver is one of employer and employee. The mere fact that their employers call themselves aggregators and enter into so-called partnership agreements does not take away from the fact that there exists a jural relationship of employer and employee between them, the plea argues. The said contracts, the plea states, are a mere device to disguise the nature of the relationship, which is de jure and de facto a relationship of employer and worker, being a contract of employment.Q. Dentists, veterinarians, and lawyers practising independently can be classified as:a)Freelancersb)Workers of unorganised sectorc)Independent contractorsd)None of the aboveCorrect answer is option 'C'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.The Supreme Court agreed to examine the public interest litigation seeking social security benefits to gig workers and platform workers engaged by Uber, Ola Cabs, Swiggy and Zomato. It was argued before the SC that gig workers and platform workers need to be recognised as workmen within the meaning of all the applicable social security legislation. Referring to the Unorganised Workers' Social Security Act, 2008, it was contended that these workers are unorganised workers within its meaning and hence, they are entitled to registration and social security under it. These workers are not what their companies have been claiming, which is that they are independent contractors.The Court's attention was drawn to the United Kingdom Supreme Court judgment that has analysed the contract between Uber and the employee and found that the contract is only a subterfuge and the real relationship between Uber and its employee is that of employer and employee. The plea asserts that the denial of social security like pension and health insurance to gig workers and platform workers is an affront to workers' right to life and right against forced labour that are secured by Articles 14 (equality), 21 (right to life) and 23 (prohibition of traffic in human beings and forced labour) of the Constitution of India. The plea seeks a declaration from the court that gig workers are unorganised workers and/or wage workers within the meaning of the Unorganised Workers' Social Security Act, 2008, and hence entitled to be registered under the said Act.An independent contractor works on their own, they are responsible for taxes and insurance. If they work for an agency, that agency may be responsible for paying their taxes. It depends on the relationship between the worker and the organisation. In the alternative, the petitioners seek the benefit of the existing social security laws since according to them, the relationship between the aggregator and the driver is one of employer and employee. The mere fact that their employers call themselves aggregators and enter into so-called partnership agreements does not take away from the fact that there exists a jural relationship of employer and employee between them, the plea argues. The said contracts, the plea states, are a mere device to disguise the nature of the relationship, which is de jure and de facto a relationship of employer and worker, being a contract of employment.Q. Dentists, veterinarians, and lawyers practising independently can be classified as:a)Freelancersb)Workers of unorganised sectorc)Independent contractorsd)None of the aboveCorrect answer is option 'C'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.The Supreme Court agreed to examine the public interest litigation seeking social security benefits to gig workers and platform workers engaged by Uber, Ola Cabs, Swiggy and Zomato. It was argued before the SC that gig workers and platform workers need to be recognised as workmen within the meaning of all the applicable social security legislation. Referring to the Unorganised Workers' Social Security Act, 2008, it was contended that these workers are unorganised workers within its meaning and hence, they are entitled to registration and social security under it. These workers are not what their companies have been claiming, which is that they are independent contractors.The Court's attention was drawn to the United Kingdom Supreme Court judgment that has analysed the contract between Uber and the employee and found that the contract is only a subterfuge and the real relationship between Uber and its employee is that of employer and employee. The plea asserts that the denial of social security like pension and health insurance to gig workers and platform workers is an affront to workers' right to life and right against forced labour that are secured by Articles 14 (equality), 21 (right to life) and 23 (prohibition of traffic in human beings and forced labour) of the Constitution of India. The plea seeks a declaration from the court that gig workers are unorganised workers and/or wage workers within the meaning of the Unorganised Workers' Social Security Act, 2008, and hence entitled to be registered under the said Act.An independent contractor works on their own, they are responsible for taxes and insurance. If they work for an agency, that agency may be responsible for paying their taxes. It depends on the relationship between the worker and the organisation. In the alternative, the petitioners seek the benefit of the existing social security laws since according to them, the relationship between the aggregator and the driver is one of employer and employee. The mere fact that their employers call themselves aggregators and enter into so-called partnership agreements does not take away from the fact that there exists a jural relationship of employer and employee between them, the plea argues. The said contracts, the plea states, are a mere device to disguise the nature of the relationship, which is de jure and de facto a relationship of employer and worker, being a contract of employment.Q. Dentists, veterinarians, and lawyers practising independently can be classified as:a)Freelancersb)Workers of unorganised sectorc)Independent contractorsd)None of the aboveCorrect answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer the question.The Supreme Court agreed to examine the public interest litigation seeking social security benefits to gig workers and platform workers engaged by Uber, Ola Cabs, Swiggy and Zomato. It was argued before the SC that gig workers and platform workers need to be recognised as workmen within the meaning of all the applicable social security legislation. Referring to the Unorganised Workers' Social Security Act, 2008, it was contended that these workers are unorganised workers within its meaning and hence, they are entitled to registration and social security under it. These workers are not what their companies have been claiming, which is that they are independent contractors.The Court's attention was drawn to the United Kingdom Supreme Court judgment that has analysed the contract between Uber and the employee and found that the contract is only a subterfuge and the real relationship between Uber and its employee is that of employer and employee. The plea asserts that the denial of social security like pension and health insurance to gig workers and platform workers is an affront to workers' right to life and right against forced labour that are secured by Articles 14 (equality), 21 (right to life) and 23 (prohibition of traffic in human beings and forced labour) of the Constitution of India. The plea seeks a declaration from the court that gig workers are unorganised workers and/or wage workers within the meaning of the Unorganised Workers' Social Security Act, 2008, and hence entitled to be registered under the said Act.An independent contractor works on their own, they are responsible for taxes and insurance. If they work for an agency, that agency may be responsible for paying their taxes. It depends on the relationship between the worker and the organisation. In the alternative, the petitioners seek the benefit of the existing social security laws since according to them, the relationship between the aggregator and the driver is one of employer and employee. The mere fact that their employers call themselves aggregators and enter into so-called partnership agreements does not take away from the fact that there exists a jural relationship of employer and employee between them, the plea argues. The said contracts, the plea states, are a mere device to disguise the nature of the relationship, which is de jure and de facto a relationship of employer and worker, being a contract of employment.Q. Dentists, veterinarians, and lawyers practising independently can be classified as:a)Freelancersb)Workers of unorganised sectorc)Independent contractorsd)None of the aboveCorrect answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev