Strengthening Enforcement and Welfare |
The Code on Social Security, 2020 (“Code”) consolidates various social welfare laws into a unified framework for workers and employees in India. Along with substantive benefits, the miscellaneous provisions play an important role in ensuring effective implementation, compliance, and administration of the Code. These provisions deal with matters such as penalties, recovery, powers of authorities, exemptions, and rule making, thereby supporting the smooth functioning of the social security system.
What is the Social Security Fund?The Central Government establishes a Social Security Fund for unorganised workers, gig workers, and platform workers. Separate accounts are maintained for different sources of funding, and the fund is used only for the specified welfare purposes. State Governments must also create similar funds for unorganised workers.
Is Aadhaar necessary under the Code?Yes. Aadhaar is required for registration, claiming benefits, withdrawal of funds, pension, gratuity, maternity benefits, medical benefits, and availing career centre services. Foreign employees must obtain Aadhaar after becoming residents in India.
Can establishments be exempted from the provisions of the Code?Yes. The appropriate Government may exempt establishments, classes of establishments, employees, or classes of employees from certain provisions or schemes under the Code through notification and subject to prescribed conditions.
What conditions apply for exemption?Exemption is granted only if employees receive benefits substantially similar or superior to those provided under the Code. Certain exemptions require consultation with the relevant authorities before grant or renewal. How long does an exemption remain valid?An exemption is initially granted for three years and may be extended for further periods........