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Code Of Social Security – 2020
Intro..-
The Second National Commission on Labor (2002) suggested the amalgamation of
central labor laws into broader groups such as: (i) Wages, (ii) Industrial Relations, (iii)
Social Security, and (iv) Occupational Safety, Health and Working Conditions. The
Code on Social Security 2020 (“SS Code”)[1] is enacted to amend and consolidate the
laws relating to social security with the goal to extend social security to all employees
and workers either in the organized or unorganized sector.
The Social Security Code (SS Code) has replaced the following enactments, The
Employee’s Compensation Act, 1923; The Employees’ State Insurance Act, 1948; The
Employees’ Provident Funds and Miscellaneous Provisions Act, 1952; The
Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959; The
Maternity Benefit Act, 1961; The Payment of Gratuity Act, 1972; The Cine-Workers
Welfare Fund Act, 1981; The Building and Other Construction Workers’ Welfare Cess
Act, 1996; The Unorganized Workers Social Security Act, 2008.
The following existing 9 Legislations are
consolidated into Social Security Code
⦿ The Employees Provident Funds and Miscellaneous ProvisionsAct
1952
⦿ The Employees State InsuranceAct 1948
⦿ The Maternity BenefitAct 1961
⦿ The Building and Other Construction Workers Welfare Cess Act
1996
⦿ The Payment of GratuityAct 1972
⦿ Employement Exchanges (compulsory notification of vacancies)
Act 1959
⦿ The Cine Workers Welfare Fund Act-2008
⦿ The Employee’s CompensationAct 1923
⦿ The Unorganized Workers Social SecurityAct,2008.
Code Of Social Security – 2020
Intro..-
The SS code defines various terms such as, aggregator, gig worker, platform worker,
unorganized worker (home based worker and self based workers). Further, the
definition of the employee has been widened to include maximum number of
employees and workers.
The SS code provides the social security and protection to the workers in the
unorganized sector to ensure access to health care and to provide income security,
particularly in cases of old age, unemployment, sickness, invalidity, work injury,
maternity or loss of a breadwinner by means of rights conferred on them and
schemes framed, under this Code. This article aims to summarize some of the
important provisions introduced by the SS code
Chapters Sections Schedules
XIV 164 07
The Framework of the Code
Sections Content Important Features
Chapter-I 1-3 Preliminary 1) This Chapter deals with title
extent Commencement and
application
2) Definition
3)Registration and Cancellation of
Establishment
• 91 concepts have been defined
• New category of workers has
been included namely Gig
workers and Platform workers.
• Wages Definition has been
revised.
• Definition of Contract Labour
and Career Center have been
added
• The Code does not come into
force automatically-a
notification has to be issued for
this purposes.
Chapter-II 4-13
Deals with the
different social
security
organizations.
• This Chapter makes
provisions for constituting
i) Central Board for PF.
ii) The National Security
Board for Unorganized
workers.
iii) The State Unorganized
workers Social Security
Board.
iv) The Building and Other
Construction Workers
Welfare Board.
Chapter-III 14-23
Deals with
Employees
Provident Fund
Organization
(EPFO)
•EPFO’s coverage is applicable to
all establishments having 20 or
more workers-earlier only
scheduled employements work
covered.
•Option is given to
establishments having less than
20 workers to join EPFO.
•There is a provision for bringing
workers under the category of
self employed under EPFO.
Penalty has been increased from
Rs. 10,000 to 1,00,000 and 1 to 3
years imprisonment – similarly
subsequent failure attracts fine
of 3,00,000 rupees or 2 to 5
years imprisonment.
Chapter-IV 24-53 Deals with ESIC
•No Change in the number of
persons for making ESIC
applicable i.e. 10 workers.
•Voluntary registration has
been allowed for
establishments with less than
10 workers under the code.
•Establishments in hazardous
sectors can be linked to ESIC
even if only one worker.
• The Scheme has been
extended from 566 districts to
740 districts i.e. all the districts
in India.
• Employer of a plantation can
opt for registration by giving
willingness.
Chapter-V 53-58
Deals with
Gratuity
•Provision for Gratuity has
been made for Fixed Term
Employee – No minimum
service period.
• In case of working
journalists the minimum
continuous service is 3 years
instead of 5 years.
•Option to obtain an
insurance for discharging the
liability for payment towards
gratuity is liberalized,
insurance can be obtained
from any insurance company
regulated by IRDA.
Chapter-VI 59-72
Deals with
Maternity
Benefits
There are no notable
changes
Chapter-VII 73-99
Deals with
Employees
Compensation
•The definition of dependant is
marginally expanded to include Grand
parents if no Parent of the employee
is alive – earlier it was only paternal
grand parents who were eligible.
•In cases of Occupational diseases –
uniform period of employment of 6
months has been proposed – earlier it
could be less than 6 months in some
types of industries.
•Provision has been made to pay
compensation to an employee /
member of his family as a result of
collapse of house provided by the
employer in a plantation.
•The minimum limit of compensation
of 1,20,000 and 1,40,000 in cases of
death and permanent disability is
removed. So also the base salary of
Rs. 8,000 is removed.
Chapter-VIII 100-108
Social Security
and Cess in
Respect of
Building and
other
Construction
Workers
•Provision has been made
for the establishment of
building and other
construction workers
welfare board to exercise
the functions under the
chapter.
•The chairman of the board
has to be nominated by the
State Government – earlier
it was the Central
Government.
• There is no change in the
cess amount that can be
collected – not less than 1%
and not exceeding 2%.
Chapter-IX 109-114
Unorganized
workers gig
workers and
platform workers.
•Coverage is provided for gig,
platform workers and
unorganized workers under the
ambit of social security Scheme.
• The code requires that all
unorganized workers, gig workers
or platform worker has to be
registered.
•Self declaration has to be
submitted (earlier there was no
provision for electronically
submitting self declaration now it
is there).
•Aadhaar number is compulsory
for registration earlier it was not
there.
•The code also makes provision
for setting up call centers or
helplines to help the unorganized
workers (earlier there was only
provision for facilitation centers.
Chapter-X 115-121
Finance and
Accounts
•Provision has been made
empowering the social
security organizations to
invest the money vested in
it.
Chapter-XI 122-132
Authorities,
Assessment,
Compliance and
Recovery
•The code makes provision for
appointment of Inspectors
cum-Facilitators.
•An inspection scheme for
generation of web based
inspection may be made by
notification.
• Assignment of unique
number to each establishment
for the purpose inspection.
•Timely uploading of
inspection reports.
•The Inspector cum-facilitator
has to act as an advisor.
• Records can be maintained
electronically or otherwise.
• Provision has been made for
recovering the amount as
arrears of land revenue.
Chapter-XII 133-138
Offences and
Penalties
• The punishments have been
increased almost 10 times.
• Failure to pay contribution –
upto 3 years imprisonment
(however shall not be less than 1
year with 1 lakh fine if the
offence is non payment of
employees contribution
deducted).
•Failure to pay gratuity –
imprisonment upto 1 year and
fine upto 50,000 rupees.
• Other offences – upto 6
months or fine which may extent
to 50,000 rupees.
•There is opportunity for
compounding of offences.
• Prior opportunity before
prosecution is a must.
Chapter-XIII 139-140
Employment
Information and
Monitoring
•Employer before filling up
any vacancy may be
required to report about
the vacancy to the career
center.
Chapter-XIV 141-164 Miscellaneous
•Makes Provision for
establishment of Central
and State Social Security
Fund.
•Aadhaar card is proof of
Identity for registration or
seeking benefits by
unorganized worker.
• The liability in case of
transfer of an establishment
is fixed under the code.
 The First Schedule – Applicability
The Second Schedule – List of Persons who are Employees
within the meaning of the third proviso to clause (26) of Section 2
 The Third Schedule – List of Occupational Diseases
 The Fourth Schedule – List of Injuries Deemed to result in
permanent partial and total disablement
 The Fifth Schedule – Matters that may be provided in the
schemes
The Sixth Schedule – Factors for working out lump sum
Equivalent of compensation amount in case of permanent
Disablement and Death
 The Seventh Schedule – Classification of Aggregators
Salient Features of the Social Security
Code:-
1) GIG WORKERS
2) PLATFORM WORKERS
3) UNORGANISED WORKER
4) BENEFITS TO UNORGANISED WORKER, GIG WORKERS AND PLATFORM WORKERS
5) REGISTRATION
6) EMPLOYEE PROVIDENT FUND
7) EMPLOYEES STATE INSURANCE (ESI)
8) GRATUITY
9) MATERNITY BENEFIT
CONCLUSION
The enactment of the Code on Social Security, 2020 has made understanding of the
scope and ambit of social security laws easier by consolidating the pre existing laws.
The Code also defined the various terms like gig workers and platform workers which
were not previously defined. The Code will help in increasing employment
opportunities by engaging workers on temporary basis and also providing them with
the social security.
Thank You

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Social Security code 2020.pptx

  • 2. Code Of Social Security – 2020 Intro..- The Second National Commission on Labor (2002) suggested the amalgamation of central labor laws into broader groups such as: (i) Wages, (ii) Industrial Relations, (iii) Social Security, and (iv) Occupational Safety, Health and Working Conditions. The Code on Social Security 2020 (“SS Code”)[1] is enacted to amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organized or unorganized sector. The Social Security Code (SS Code) has replaced the following enactments, The Employee’s Compensation Act, 1923; The Employees’ State Insurance Act, 1948; The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952; The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959; The Maternity Benefit Act, 1961; The Payment of Gratuity Act, 1972; The Cine-Workers Welfare Fund Act, 1981; The Building and Other Construction Workers’ Welfare Cess Act, 1996; The Unorganized Workers Social Security Act, 2008.
  • 3. The following existing 9 Legislations are consolidated into Social Security Code ⦿ The Employees Provident Funds and Miscellaneous ProvisionsAct 1952 ⦿ The Employees State InsuranceAct 1948 ⦿ The Maternity BenefitAct 1961 ⦿ The Building and Other Construction Workers Welfare Cess Act 1996 ⦿ The Payment of GratuityAct 1972 ⦿ Employement Exchanges (compulsory notification of vacancies) Act 1959 ⦿ The Cine Workers Welfare Fund Act-2008 ⦿ The Employee’s CompensationAct 1923 ⦿ The Unorganized Workers Social SecurityAct,2008.
  • 4. Code Of Social Security – 2020 Intro..- The SS code defines various terms such as, aggregator, gig worker, platform worker, unorganized worker (home based worker and self based workers). Further, the definition of the employee has been widened to include maximum number of employees and workers. The SS code provides the social security and protection to the workers in the unorganized sector to ensure access to health care and to provide income security, particularly in cases of old age, unemployment, sickness, invalidity, work injury, maternity or loss of a breadwinner by means of rights conferred on them and schemes framed, under this Code. This article aims to summarize some of the important provisions introduced by the SS code
  • 5. Chapters Sections Schedules XIV 164 07 The Framework of the Code
  • 6. Sections Content Important Features Chapter-I 1-3 Preliminary 1) This Chapter deals with title extent Commencement and application 2) Definition 3)Registration and Cancellation of Establishment • 91 concepts have been defined • New category of workers has been included namely Gig workers and Platform workers. • Wages Definition has been revised. • Definition of Contract Labour and Career Center have been added • The Code does not come into force automatically-a notification has to be issued for this purposes.
  • 7. Chapter-II 4-13 Deals with the different social security organizations. • This Chapter makes provisions for constituting i) Central Board for PF. ii) The National Security Board for Unorganized workers. iii) The State Unorganized workers Social Security Board. iv) The Building and Other Construction Workers Welfare Board.
  • 8. Chapter-III 14-23 Deals with Employees Provident Fund Organization (EPFO) •EPFO’s coverage is applicable to all establishments having 20 or more workers-earlier only scheduled employements work covered. •Option is given to establishments having less than 20 workers to join EPFO. •There is a provision for bringing workers under the category of self employed under EPFO. Penalty has been increased from Rs. 10,000 to 1,00,000 and 1 to 3 years imprisonment – similarly subsequent failure attracts fine of 3,00,000 rupees or 2 to 5 years imprisonment.
  • 9. Chapter-IV 24-53 Deals with ESIC •No Change in the number of persons for making ESIC applicable i.e. 10 workers. •Voluntary registration has been allowed for establishments with less than 10 workers under the code. •Establishments in hazardous sectors can be linked to ESIC even if only one worker. • The Scheme has been extended from 566 districts to 740 districts i.e. all the districts in India. • Employer of a plantation can opt for registration by giving willingness.
  • 10. Chapter-V 53-58 Deals with Gratuity •Provision for Gratuity has been made for Fixed Term Employee – No minimum service period. • In case of working journalists the minimum continuous service is 3 years instead of 5 years. •Option to obtain an insurance for discharging the liability for payment towards gratuity is liberalized, insurance can be obtained from any insurance company regulated by IRDA.
  • 12. Chapter-VII 73-99 Deals with Employees Compensation •The definition of dependant is marginally expanded to include Grand parents if no Parent of the employee is alive – earlier it was only paternal grand parents who were eligible. •In cases of Occupational diseases – uniform period of employment of 6 months has been proposed – earlier it could be less than 6 months in some types of industries. •Provision has been made to pay compensation to an employee / member of his family as a result of collapse of house provided by the employer in a plantation. •The minimum limit of compensation of 1,20,000 and 1,40,000 in cases of death and permanent disability is removed. So also the base salary of Rs. 8,000 is removed.
  • 13. Chapter-VIII 100-108 Social Security and Cess in Respect of Building and other Construction Workers •Provision has been made for the establishment of building and other construction workers welfare board to exercise the functions under the chapter. •The chairman of the board has to be nominated by the State Government – earlier it was the Central Government. • There is no change in the cess amount that can be collected – not less than 1% and not exceeding 2%.
  • 14. Chapter-IX 109-114 Unorganized workers gig workers and platform workers. •Coverage is provided for gig, platform workers and unorganized workers under the ambit of social security Scheme. • The code requires that all unorganized workers, gig workers or platform worker has to be registered. •Self declaration has to be submitted (earlier there was no provision for electronically submitting self declaration now it is there). •Aadhaar number is compulsory for registration earlier it was not there. •The code also makes provision for setting up call centers or helplines to help the unorganized workers (earlier there was only provision for facilitation centers.
  • 15. Chapter-X 115-121 Finance and Accounts •Provision has been made empowering the social security organizations to invest the money vested in it.
  • 16. Chapter-XI 122-132 Authorities, Assessment, Compliance and Recovery •The code makes provision for appointment of Inspectors cum-Facilitators. •An inspection scheme for generation of web based inspection may be made by notification. • Assignment of unique number to each establishment for the purpose inspection. •Timely uploading of inspection reports. •The Inspector cum-facilitator has to act as an advisor. • Records can be maintained electronically or otherwise. • Provision has been made for recovering the amount as arrears of land revenue.
  • 17. Chapter-XII 133-138 Offences and Penalties • The punishments have been increased almost 10 times. • Failure to pay contribution – upto 3 years imprisonment (however shall not be less than 1 year with 1 lakh fine if the offence is non payment of employees contribution deducted). •Failure to pay gratuity – imprisonment upto 1 year and fine upto 50,000 rupees. • Other offences – upto 6 months or fine which may extent to 50,000 rupees. •There is opportunity for compounding of offences. • Prior opportunity before prosecution is a must.
  • 18. Chapter-XIII 139-140 Employment Information and Monitoring •Employer before filling up any vacancy may be required to report about the vacancy to the career center.
  • 19. Chapter-XIV 141-164 Miscellaneous •Makes Provision for establishment of Central and State Social Security Fund. •Aadhaar card is proof of Identity for registration or seeking benefits by unorganized worker. • The liability in case of transfer of an establishment is fixed under the code.
  • 20.  The First Schedule – Applicability The Second Schedule – List of Persons who are Employees within the meaning of the third proviso to clause (26) of Section 2  The Third Schedule – List of Occupational Diseases  The Fourth Schedule – List of Injuries Deemed to result in permanent partial and total disablement  The Fifth Schedule – Matters that may be provided in the schemes The Sixth Schedule – Factors for working out lump sum Equivalent of compensation amount in case of permanent Disablement and Death  The Seventh Schedule – Classification of Aggregators
  • 21. Salient Features of the Social Security Code:- 1) GIG WORKERS 2) PLATFORM WORKERS 3) UNORGANISED WORKER 4) BENEFITS TO UNORGANISED WORKER, GIG WORKERS AND PLATFORM WORKERS 5) REGISTRATION 6) EMPLOYEE PROVIDENT FUND 7) EMPLOYEES STATE INSURANCE (ESI) 8) GRATUITY 9) MATERNITY BENEFIT
  • 22. CONCLUSION The enactment of the Code on Social Security, 2020 has made understanding of the scope and ambit of social security laws easier by consolidating the pre existing laws. The Code also defined the various terms like gig workers and platform workers which were not previously defined. The Code will help in increasing employment opportunities by engaging workers on temporary basis and also providing them with the social security.