Are gig workers – like Uber drivers - protected when they work overtime?

What happens when an Uber driver gets tired, and wants to take a break? Or when a driver wants to push through and work overtime? Are these hours protected, as they are for other employees and workers?

WageIndicator’s paycheck.in informs us that although working hours are regulated for employees, independent contractors or gig/platform workers are not considered employees, which is why these government mandated working hours aren’t applicable to them. 

However, Uber requires its drivers to take a minimum uninterrupted 6-hour break after every 12 hours of time spent driving. Driving time is considered the cumulative time from when a driver confirms the trip request and starts driving to the pickup, to when you complete the trip. In case a driver is online and stationary, for example waiting for a request or driving around the city without a passenger, or sitting in an airport queue, this time is not included in the 12 hours of driving time.

In the event of bad weather as well as rush hours, demand for rides increases leading to fares increasing in proportion with real-time demand, often referred to as “surge pricing”. Uber drivers are shown this high demand through a changed colour map indicating demand originating from those areas. It is their choice to respond.

Therefore, although gig economies do not warrant overtime compensation, extra fees can be earned when demand is high. What are the general labour laws in place for overtime compensation?