Embodying Creative Freelancing in India : An Exploration into its Experience via Online Freelance Platforms

Abstract

The world has increasingly been registering a tremendous rise in freelancing population over the course of the past few years. Architected by ripe factors like information technology and a vibrant and young English-speaking population, India is the market leader with regards to the contribution it makes to the global freelance workforce.

However, not much is clear in India‘s context as to what 'freelancing' exactly constitutes, and there is ambiguity, as also variability in the way in which it has been accommodated in the Indian laws and judicial pronouncements. This leaves the freelancers in an uncertain situation: whether they are self employed independent contractors, or whether they are employees, thereby engendering a veritable bedlam of opinions on this subject. The study attempts to understand in detail the legal standing of freelancers in India through the perusal of judgements and relevant laws in this context. The study also makes an effort to understand ‗freelancing‘ in other countries, and how has it been interpreted through judgements in such jurisdictions.

While freelancers working in the administrative and technical fields have received considerable academic attention, the same has not been meted out to the freelancers involved in creative work profiles like content writing, sound production, graphic design, etc. This study attempts to understand the experiences of such freelancers through a survey undertaken by participants who are, or have at some point been involved in creative freelance work. The scope of the research has been limited to only those creative freelancers who landed their gigs through freelance platforms viz. Upwork, Freelancer and Fiverr alone. Through this, an effort has been made to understand how the experiences of such freelance workers play out after landing gigs through these online freelance platforms