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Labour Law Assignment

The document discusses the conceptual framework of social security. It defines social security as protection provided by society against risks like sickness, unemployment, old age, etc. The objectives of social security are to give individuals confidence in their living standards despite contingencies, offer quality work life with dignity, and promote social and economic justice. Social security follows three approaches - compensation by providing income during risks, restoration by maintaining previous living standards, and prevention by promoting welfare.

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0% found this document useful (0 votes)
245 views23 pages

Labour Law Assignment

The document discusses the conceptual framework of social security. It defines social security as protection provided by society against risks like sickness, unemployment, old age, etc. The objectives of social security are to give individuals confidence in their living standards despite contingencies, offer quality work life with dignity, and promote social and economic justice. Social security follows three approaches - compensation by providing income during risks, restoration by maintaining previous living standards, and prevention by promoting welfare.

Uploaded by

Archana Agrawal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 23

PRESTIGE INSTITUTE OF

MANAGEMENT AND RESEARCH

SESSION: - 2021 -2022


ASSIGNMENT

SUBJECT – LABOUR LAW II


TOPIC – CONCEPTUAL FRAMEWORK OF SOCIAL SECURITY

SUBMITTED TO: - SUBMITTED BY:-


Assistant Professor Archana Agrawal
Mr. Rishi Mishra L. L. B. (Hons.)
IVth Semester

1|Page
ACKNOWLEDGEMENT
The success and final outcome of this assignment required a lot of guidance and assistance. I am
extremely privileged to have got this all along the completion of my assignment.

I would like to thank Assistant Professor Rishi Mishra Sir for providing me an opportunity and
for his guidance throughout the assignment.

ARCHANA AGRAWAL

2|Page
CONTENTS

1.Introduction…………………………………………………………..……………………..4

2.Definition ……………………………………………………….………………………......5

3.Features…………………………………………………………………………………...…6

4.Objectives…………………………………………………………………………...............7

5.Approaches………………………………………………………………….................…....8

6.Scope and Related Legislations & Schemes………………………………..............…….....9

7.Role of ILO…………………………………………………………..……….....................11

8.Evolution in India ……………………….……………………................………………....12

9.In Indian Constitution............................................................................................................15

10. Code on Social Security.........................................................................................................17

11. Conclusion.............................................................................................................................22

12. Bibliography..........................................................................................................................23

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Introduction

The idea behind the concept of social security is that the state shall be responsible for protecting
its citizens against certain contingencies of life.

The basic principle of social security implies collective action by the community to help a
member against misfortunes and wants the individual cannot meet with his own resources.

It is rooted in the principles of human dignity and social justice.

Social security is the security that society furnishes through appropriate organizations against
certain risks to which its members are exposed.

Broadly speaking the idea of social security is that “The state shall make itself responsible for
ensuring a minimum standard of material welfare to all its citizen on a basis wide enough to
cover all contingencies of life from womb to the tomb.

Being a democratic and welfare State, the framers of Indian Constitution incorporated the
Directive Principles of State Policy (Part IV) (Article 36 -51), these are the principles that directs
the state to make policies for the welfare of its people.

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Definition

The International Labour Organization (ILO) defines Social Security as “protection which
society provides for its members through a series of public measures against the economic and
social distress resulting from sickness, maternity, employment injury, unemployment, invalidity,
old age and death.”

Fridlander explains social security as “a program of protection provided by society against the
contingencies of modern life, such as sickness, unemployment, old age, industrial accident
against which the individual cannot be expected to protect himself and his family by his own
ability and foresightedness.”

The former President of India, Late Mr V. V.Giri defines social security as “the security that the
state furnishes against the risks which an individual of small means cannot stand up by himself
or even in private combination with his fellows.”

Sir William Devergidge explains social security as “an attack on five giants namely want,
disease, Ignorance, Squalor and illness.”

According to Weher and Cohen, Social security is a controversial and dynamic subject with
various facets, philosophical, theoretical, humanitarian, financial, administrative, social,
economic, political, statistical, medical and legal.”

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Features Of Social Security

Social security provides financial helps in case of contingencies such as unemployment,


maternity, industrial disease, old age and death etc. From the analysis of these above mentioned
definitions main features of social security are:

(i) Social security in some countries is applied to all governmental programmes and in some
countries it is applied only to Social Insurance programme.
(ii) It covers wide variety of health and welfare schemes, the coverage of social security are
very wide meeting the different contingencies of an employee member.
(iii) Social Security is a dynamic concept and its coverage changes with social, economic and
political system prevailing in a given country at a given time.
(iv) A comprehensive scheme of social security consists of “Social Insurance and social
assistance".
(v) The modern social security scheme is the integration of its two important elements of
social insurance and social assistance and covering of all social risks.
(vi) Social security must provide protection against all the ordinary risks of life and as well
as special risks of employment.
(vii) It should bring under protection all member workers by hand and brain who live solely
by their mere earnings.
(viii) All social security programme although differ from country to country but they aims at
providing some form of cash payments to individuals to individuals to replace at least a
part of the lost income that occurred due to any such contingencies.
(ix) It provides financial helps in case of contingencies such as unemployment, maternity,
work injury, industrial disease, old age, widowhood and orphan hood etc.
(x) Under social security the members of a particular category are offered safeguards and
benefits such as medical and financial and to injured and financial help to widows,
orphans and educational assistance in the form of scholarship and free ships to the needy
students.

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Objectives of Social Security

The ILO considers social security as of great importance to developing and underdeveloped
countries which aims at large scale rapid industrialization. It helps in improving morale of
employees by providing sense of security to them against
 variour industrial hazards,
 occupational diseases and
 any other types of unfair practices

A socialist and welfare state considers social security as one of its fundamental duty, and the
rights of its citizens.
Article 41 of the Constitution of India (Directive Principles of State Policy) states “The State
shall within the limits of its economic capacity and development make effective provision for
securing public assistance in case of unemployment, old age, sickness, disablement makes the
concept of social security of high importance to the country.
The main objectives of social security are –
1. Give individual that confidence that their level of living and quality of life will not be
adversely affected due to any mishaps and contingencies.
2. Offer quality of working and living life with dignity.
3. Deliver social and economic justice and equity among members of the society.
4. Boost the morale of employee, leading to increased productivity as well as personal
happiness.

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Approaches of Social Security

The various approaches of social security are three fold in nature:

(i) Compensation: It means income security during spell of risks because the individual
and his family not be subjected to a double calamity involving both destitution and
loss of life, health and work. Under worker compensation, workers are compensated
in case of any permanent disability reducing permanently or temporary earning
capacity of aggrieved employee. It is compensating a suffered employees due to
contingencies and unexpected mishaps by providing financial support.

(ii) Restoration: It means giving individuals and their families the confidence that their
level of living and quality of life will not suffer as far as possible due to any social
and economic loss. “It aims at restoring the previous social and economic status of
the employee by providing financial and social help under different provisions of
social security Acts. Due to restoration of one’s previous status financial position the
self- confidence and self-esteem of the employee can be maintained.” Restoration
mean reemployment and providing self-confidence through cure of sick/injured
employees.

(iii) Prevention: Social Security is a basic instrument of social and economic justice
among members of the society.” It not only aims at compensation and restoration of
one’s financial and social status; it further aims prevention of mishaps, industrial
injury and occupational diseases. Prevention aims at avoiding loss of productive
capacity due to sickness i/injure or Unemployment. Factory Act, Industrial safety Act
and worker’s Compensation Act are helpful in the preventions of different Industrial
hazards leading to injury and occupational diseases. Prevention is better than cure.”

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Scope of Social Security and Relevant Legislation & Scheme

The ILO Social Security (Minimum Standards) Convention, 1952 lays down nine components of
social security.

RELEVANT LEGISLATION IN
STANDARDS AND DESCRIPTION
INDIA

Employee State Insurance Act /


1 Medical Care including maternity Benefits
Maternity Benefits Act

2 Sickness Benefit – payment for absence due to illness Employee State Insurance Act

Unemployment benefits - Benefits to cover the loss of


earning during a worker’s unemployed period when
3
he is capable and available for work but remains
unemployed because of lack of suitable employment.

Employment Injury Benefit: proper medical care and Workmen’s Compensation Act /
4
periodical payment to injured employee Employee State Insurance Act

Indira Gandhi National Old Age


Old Age Benefit: Pension based on individuals pension, 1993. Few states offer old
5
working capacity during the period before retirement. age pension. Eg: Sevana Pension
of Kerala

Maternity Benefits Act, 1961 /


6 Maternity Benefit.
Employee State Insurance Act

Family Benefit: In case of death of the bread earner


7 this cover responsibility for maintenance of children Provident Fund Act
during the entire period of children

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Survivor’s benefit: benefits to the affected family in
8 form of periodical payments following the death of Provident Fund Act
bread earner

Invalidism benefit: periodic payment to cover needs


of workers who suffer from any disability arising out Workmen’s Compensation Act /
9
of sickness or accident and who are unable to engage Employee State Insurance Act
into any gainful activity.

The convention mandated member states to ratify at least three of its nine branches and accept
obligations under other branches subsequently, allowing for progressive attainment of all social
security objectives. The minimum benefits can be determined with reference to the level of
wages in the country concerned.

Other Various schemes of social security are:

Aam Admi Bima Yojana, Jawaharlal Nehru Rozgar yojna, Sampoorna Grameen Rozgar Yojna,
Swarna Jayanti Sahari rozgaar Yojna, Kishore Vaigyanik Protsahan Yojana, Kasturba Gandhi
Balika Vidyalaya, Sarva Shikshan Abhiyan, Mid Day Meal Facility, MGNREGA( Mahatma
Gandhi National Rural Employment Guarantee Act): India's rural employment guarantee
programme MGNREGA has been ranked as the world's largest public works programme,
providing social security to almost 15 per cent of the country's population, World Bank has said.
( According to Economic Times)
National Social Assistance programme:
Annapurna Scheme, Indira Gandhi Old Age Pension Scheme, Indira Gandhi National disability
Pension Scheme, Indira Gandhi National Widow Pension Scheme.
These programmes are now useful and necessary instruments for the protection and stability of
workforce.

Role of ILO in Social Security

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Only 20% of the world's population has adequate social security coverage. The ILO was
positioned as a powerful instrument at the global scale, to enforce a range of international labour
standards and a social framework for economic exchange.

Important ILO Instruments

The Social Security (Minimum Standards) Convention, 1952 (Convention No 102)


Lays down minimum standards for the level of social security benefits and the conditions -
covers the nine principal branches of social security, namely medical care, sickness,
unemployment, old age, employment injury, family, maternity, invalidity and survivors' benefits.

Social Protection Floors Recommendation, 2012 (Convention No. 202)


Guidance on introducing or maintaining social security floors and on implementing social
protection floors as part of strategies to extend higher levels of social security to as many people
as possible – this offers a significant upgrade and revision to the standards and benefits listed in
102 and subsequent conventions.

Equality of Treatment (Social Security) Convention, 1962 and Maintenance of Social


Security Rights Convention, 1982, provides for certain social security rights and benefits for
migrant workers, who face the problem of losing entitlements to social security benefits which
they enjoyed in their country of origin.

The Philadelphia Declaration of 1944, The 1944 Declaration aimed to establish humane
conditions of work everywhere. It laid special emphasis on human rights, dignity, economic
security, equal opportunity and held that labour standards were an indelible part of political
democracy.

ILO Declaration on fundamental principles and Rights at Work of 1998

India has adopted several conventions pertaining to medical care, sickness benefits,
unemployment benefits, old age benefits, workers compensation, family disability, maternity and
survivors benefit.

Evolution of Social Security in India


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In the early 19th Century, India witnessed rapid industrialization. The resulting new class of
Industrial proletariat had a rural background and had very little social and material resources,
necessitating a need of systematized help through social security agencies. The workers
themselves were totally unorganized, and no attention could be paid towards the welfare.
However, conditions soon changed.

Historically, social security in India has been influenced by the following factors:

1. British Policy to raise labour productivity in the established industries.


2. Efforts of Indian Social Reformers, Freedom Fighters and many progressive employers to
create a just and equitable society.
3. A policy of corporate paternalism leading to variety of benefits like promoting loyalty of
employees.
4. The welfare state concept in post-independent era, and the influence of the USSR, which
has led to a series of welfare and protective legislation based on relevant international
labour standards.

Phases of Evolution and Development

1. The commercial interests of the Imeprial Government

The earliest attempt at social security was motivated by the employers financial interests.

The Bombay textile Labour Enquiry observed, “high standard of efficiency can be expected
only from persons who are physically fit and free from mental worries. That is only from persons
who are properly trained, properly housed, properly fed and properly clothed.”

In 1929 when Government of Bombay gave a proposal for enacting Maternity act, the
observation was “productivity depends upon the quality of labour which in turn depends on
health, nutrition, literacy, social values and customs.”

2. The establishment of the ILO

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The establishment of the International Labour Organization in 1920 gave a boost to labour
welfare and social security schemes. The 1929 convention of ILO considered social security for
workers as highly important, and gave strong recommendations on labour welfare and social
security.
The main legislations that merged out of the colonial government of India ratifying the ILO
conventions were (i) Workmen’s compensation Act, 1923 (ii) The Payment of Wages Act’ 1936
(iii) Minimum Wages Act and (iv) Maternity Benefits Act

3. Growing strength of the Indian Nationalistic Movement

In 1929, the Government appointed the Royal Commission on Labour, also known as “The
Whitley Commission” to study the condition of labour. The commission was owing to the
growing pressure from the Indian national movement, the ILO, and communists and socialists in
Britain itself. On the recommendation of the commission and in the consultation with the
“standing Advisory Committee of Labour and Industries” the government agreed for a
contributory Medical scheme in which both employer and employee will contribute towards a
common fund.

In 1937 a contributory Health Insurance scheme was formulated. At the same time , the Bombay
Textile enquiry Committee also recommended the formulation of health Insurance Scheme in
which the (i) employer (ii) Employee and (iii) The state Government contributed towards the
fund.
In 1940 during the first Labour Minister’s conference, the need for sickness Benefit fund was
felt. In 1943 Indian Government appointed a commission under the chairmanship of B.R.
Ambedkar and its report was submitted in 1944.

B.R. Ambedkar commission strategy recommended the upper age limit of 60 years and
employment was divided into three categories- permanent, temporary and casual. The employer
was required to pay contribution towards insurance schemes for all the workers, whereas only
permanent and temporary workers were required to pay their contribution.
In 1947, the Industrial dispute Act was enacted with the main objective was to make provisions

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for the investigation and settlement of industrial disputes. Most important contribution of
employee’s State insurance Act 1923.

4. Post–Independence Phase

In 1947 India got Independence and Indian Government, positioning itself as a welfare state,
intensified the labour welfare and social security measures.

In 1948 Indian government made certain important amendments in existing Indian factories Act
1934 and came with “ The Factory Act 1948” with a main purpose of regulating conditions of
work in manufacturing establishment for ensuring adequate health, welfare measures etc.
In the same year the employees state Insurance was duly modified .
The Government also enacted Minimum wages Act, 1948 for prevention of exploitation of
labour due to payment of unduly low wages.

In 1952 Government enacted Employee’s Provident fund and miscellaneous provision act with a
main objective of providing substantial measures of financial security and timely monetary
assistance to industrial works and their families.

In 1952, the International Labour Organization the expert advice of eight experts on social
security for long six month for proper implementation of the schemes of employee state
Insurance Act.

5. In Present Time
The Government has been working on a complete overhauling of the archaic labour
regulations to bring them in sync with the 21st century business landscape and promoting
investments. With the objective is to consolidate and simplify the multitude of labour
regulations the new set of regulations consolidates 44 labour laws under 4 categories of
Codes:-
1) The Code on Wages 2019
2) The Code on Occupational Safety, Health and Working Conditions,2020,
3) The Code on Social Security,2020,
4) The Code on Industrial Relations,2020

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Social Security in Indian Constitution

The framers of the Indian Constitution incorporated The Directive Principles of State Policy
(Part-IV) (Articles 36-51) with democratic and welfare state intention to attain Economic
Democracy. These Directive Principles do not impose any particular pattern or frame of
economic, welfare and social order. This task is left to the State, which has to make the laws for
making a successful economic, welfare and social order.

With this object, the terms "socialist, secular" have been inserted in the Preamble by the 42nd
Constitution Amendment, 1976. In reality the right to social and economic justice envisaged in
the Preamble and elongated in the Fundamental Rights and the Directive Principles, in particular
Articles 14, 15, 16, 21, 21-A, 23, 38, 39 and 46, which make the equality of the life of the poor,
disadvantaged and disabled citizens, children, women, workmen, etc.

The workmen include child labour, women. The Constitution gives equal rights to all the
citizens. It has provided several provisions for the welfare and social justice of the workmen.

The Directive Principles of State Policy (Part-IV) of the Constitution of India, 1950 contains
Articles 36 to 51 .

THE SOCIAL SECURITY DIRECTIVE PRINCIPLES (Articles 39-A, 41, 42, 43, 43-A, 45]

Article 39-A (Equal Justice and Free Legal Aid) directs that the State shall secure that the
operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in
particular provide free legal aid, by suitable legislation or schemes or in any other way, to ensure
that opportunities for securing justice are not denied to any citizen by reason of economic or
other disabilities.

Article 41 (Right to work, to education and to public assistance in certain cases) directs that the
State shall, within the limits of its economic capacity and development, make effective provision
for securing the right to work, to education and to public assistance in cases of unemployment,
old age, sickness and disablement, and in other of undeserved want.

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Article 42 (Provision for just and humane conditions of work and maternity relief) directs that
the State shall make provision for securing just and humane conditions of work and for maternity
relief.

Article 43 (Living wage, etc., for workers) directs that the State shall endeavour to secure, by
suitable legislation or economic organization or in any other way, all workers, agricultural,
industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of
life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State
shall endeavor to promote cottage industries on an individual or co-operative basis in rural areas.

Article 43-A (Participation of workers in management of industries) directs that the State shall
take steps, by suitable legislation or in any other way, to secure the participation of workers in
the management of undertakings, establishments or other organizations engaged in any industry.

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Code on Social Security, 2020

Code on Social Security (CoSS), 2020 was introduced by withdrawing the earlier Code of 2019,
it has amended and consolidated the laws relating to employee’s social security with the goal to
extend social security to all employees & workers either in organized, unorganized, or any other
sector.

CoSS also amalgamates, simplifies & rationalizes the relevant provisions of the following central
labour enactments relating to social security

(i) The Employees Compensation Act, 1923,


(ii) The Employees State Insurance Act, 1948,
(iii) The Employees Provident Fund and Miscellaneous Provisions Act, 1952,
(iv) The Employees Exchange (Compulsory Notification of Vacancies) Act, 1959,
(v) The Maternity Benefit Act, 1961,
(vi) The Payment of Gratuity Act, 1972,
(vii) The Cine Workers Welfare Fund Act, 1981,
(viii) The Building and Other Construction Workers Cess Act, 1996, and
(ix) The Unorganized Workers’ Social Security Act, 2008).

Key Provisions
Some of the key provisions/changes under the SS Code are as follows:

I. Wages:
The SS Code has sought to align the definition of the term 'wages' in line with the definition
under the Code on Wages, 2019. The term 'wages' will mean all remuneration whether by way of
salaries, allowances or otherwise, which would, if the terms of employment (express or implied)
were fulfilled, be payable to a person employed in respect of his/her employment, and includes
basic pay, dearness allowance and retaining allowance but doesn't inter alia include any bonus,
which doesn't form part of the remuneration, value of any house accommodation, or the supply
of light, water, medical attendance, any conveyance allowance, overtime allowance etc. A
proviso to the definition however stipulates that in the event the excluded components under the

17 | P a g e
definition, exceed fifty (50) percent of the entire remuneration paid, then the amount in excess of
this fifty (50) percent, shall be deemed to construed within the 'wages', such that the wage
proportion remains at fifty (50) percent.

II. Social Security Schemes:


The SS Code empowers the Central Government to notify various social security schemes for the
benefit of the workers, including:

i. Employees' Provident Fund (EPF) Scheme: for which provident funds shall be
established for employees or any class of employees and specify the establishments or
class of establishments to which the scheme shall apply;
ii. Employees' Pension Scheme (EPS): for the purpose of providing for superannuation
pension, retiring pension or permanent total disablement to the employees, widow or
widower's pension, childrens' pension or orphan pension, payable to beneficiaries and
nominee pension; and
iii. Employees' Deposit Linked Insurance (EPDLI) Scheme: for providing life insurance
benefits to the employees of any establishment or class of establishments.

The Central Government may also frame any other scheme or schemes for the purpose of
providing social security benefits to self-employed workers or any other class of persons.

In addition to the above, the Central Government may also frame schemes for unorganised
workers, gig workers and platform workers and the members of their families for providing
benefits admissible under the SS Code.

III. Payment of Medical Bonus:


The Maternity Benefit Act, 1961 provided for payment of medical bonus of upto INR 3,500/-,
while further stipulating that the Central Government may increase the medical bonus to a
maximum amount of INR 20,000/. The SS Code has removed the upper threshold of INR,
20,000/-.

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IV. Social Security Organization:
The SS Code requires the constitution of certain bodies for administering various social security
schemes as discussed above. These organizations shall include, (i) a Board of Trustees headed by
the Central Provident Fund Commissioner to administer EPF, EPS and EDLI Schemes; (ii) an
Employees State Insurance Corporation, headed by a chairperson appointed by the Central
Government to administer ESI Scheme; (iii) National and State Social Security Boards, headed
by the Central and State ministers for Labour and Employment, respectively, to administer
schemes for unorganized workers, gig workers and platform workers; and (iv) State-level
Building Workers' Welfare Boards, headed by a chairperson nominated by the State Government
to administer schemes for building workers.

V. Applicability and Registration:


All establishments to which the SS Code applies are mandatorily required to be registered under
the SS Code, unless they are already registered under any other central labour laws for the time
being in force.

The SS Code specifies different applicability threshold for different schemes and other social
benefits, for example:

i. EPF, EPS and EPDLI Schemes are applicable to every establishment in which twenty
(20) or more employees are employed;
ii. ESI Scheme is applicable to every establishment in which ten or more persons are
employed and to all establishments which carry out hazardous or life-threatening work
notified by the Central Government;
iii. Payment of gratuity is mandatory for every factory, mine, oilfield, plantation, port and
railway company and every shop or establishment in which ten or more employees are
employed, or were employed, on any day of the preceding twelve months or such shops
or establishments as may be notified by the appropriate Government from time to time;
etc.

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VI. Contributions:
The various schemes under the Social Security Code, viz. EPF, EPS, EDLI and ESI Schemes
will be financed through a combination of contributions from the employers and employee, for
example:

i. In case of EPF Scheme, the employer and employee will each make matching
contribution of ten (10) per cent of wages or such other rate as may be notified by the
Government;
ii. In case of EPS Scheme, the employer' will make a contribution not exceeding eight and
one-third percent of the EPF contribution;
iii. In case of EDLI Scheme, the employer shall contribute such sum not exceeding one (1)
per cent of the wages or such percentage of the wages as may be notified by the Central
Government.

All contributions towards payment of gratuity, maternity benefit, cess for building workers, and
employee compensation will be borne by the employer. All contributions under schemes for gig
workers, unorganized workers and platform workers may be financed wholly by Central
Government or partially by the Central Government and partially by the State Government or
wholly by aggregators or through a combination of all the above.

VII. Offences and Penalties:


The SS Code prescribes penalties for various offences such as failure to make contribution,
failure to pay gratuity or other obligations under the SS Code with imprisonment or with fine or
with both, depending on the offence committed.

The SS Code also imposes stringent penalties in case of a contravention of any provision under
any of the legislations sought to be repealed by the SS Code. Further, in respect of a subsequent
offence of failure to pay contributions, charges, cess, maternity benefit, gratuity or compensation
committed by an employer, the employer is punishable with a minimum imprisonment of two
years which may extend to five years and also a fine of INR 3,00,000/-.

20 | P a g e
VIII. Provision for Compounding of Offences:
The SS Code provides for an option of compounding of any offence which is punishable with
fine only or with imprisonment for a term which is not more than one year, and also fine. An
application for compounding can be made before or after the initiation of prosecution in relation
to the offence committed. However, an opportunity for compounding is not available to an
employer for a second time or thereafter within a period of three years from the date of either (i)
commission of a similar offence which was earlier compounded; or (ii) commission of a similar
offence for which such person was earlier convicted.

Thus the main Characteristics of the Code are:-


1. Enhanced coverage
2. Uniform definitions
3. Consultative approach
4. Career Centre
5. Digitisation
6. Stringent penalties

21 | P a g e
Conclusion

Social Security is regarded as a fundamental human right to which every individual is entitles as
a member of the society. It is an indispensable factor for any labor scenario.

The purpose for any social security measure is to give individuals and families the confidence
that their level of living and quality of life will not erode by social and economic eventually. A
worker works not only for the economic motivation but also for the sense of security. It is the
duty of the state and employer to ensure as best he can that his workers have this psychological
satisfaction that their as well as their families lives are socially secured and cared for.

Indian legislations have gone a long way in strengthening this cause and thus it is result of this
that 2020 the 4 codes were passed in the legislature. But even after so much of progress the
ground reality is that labour are still insecure and that was seen in last years lockdown as they
choose to go back to their hometown by any means available.

So I would like to conclude that labour law needs more work on the ground as many laws are
been passed year by year but its implementation for those who require it, is the need of the hour.

22 | P a g e
Bibliography

 http://cbsmohali.org/course_material/third_semester/SSLW%20Content.pdf

 http://www.legalservicesindia.com/article/826/Social-Security.html

 https://www.financialexpress.com/money/the-code-on-social-security-2020-how-will-this-new-
labour-code-benefit-employees-workers/2098269/

 http://www.legalservicesindia.com/article/826/Social-Security.html

 Lectures by Rishi Mishra Sir

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