โ Must-know
Further detail
Fragmented labour laws โ one consolidated social-security framework
โ Must-know
The Code subsumes nine enactments, including the Employees' Compensation Act, 1923, the Employees' State Insurance Act, 1948, the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, the Maternity Benefit Act, 1961, the Payment of Gratuity Act, 1972, and the Unorganised Workers' Social Security Act, 2008.
The objectives of the Code are:
Further detail
C-U-I-B-R-S: consolidation, universalisation, inclusion, benefits, recognition, simplification
๐ If excluded components exceed 50% of total remuneration, the excess is added back to wages, and remuneration in kind up to 15% is included.
Traditional employerโemployee relationship versus inclusive worker categories
โ Must-know
๐ Provident-fund provisions apply to every establishment employing 20 or more employees, and the Central Government may extend coverage by notification.
Further detail
๐ An establishment employing fewer than 20 employees may opt for provident-fund coverage if the employer and the majority of employees agree.
Coverage โ contributions โ pension and insurance โ transfer
โ Must-know
๐ Gratuity is generally payable after at least five years of continuous service on superannuation, retirement, resignation, death, disablement, expiry of a fixed-term contract, or another notified event.
๐ Formula โ For a monthly-rated employee, gratuity equals .
๐ Formula โ For a fixed-term employee, gratuity is calculated proportionally as , without rounding service beyond six months up to a full year.
Further detail
๐ An employer must determine gratuity, give written notice, and pay it within 30 days after it becomes due, even if the employee has not applied.
Permanent employees: five years; fixed-term employees: one year and proportional calculation
โ Must-know
๐ ESI applies to employees earning up to Rs.21,000 per month, or Rs.25,000 for persons with disabilities, in establishments employing at least 10 persons.
ESI contributions are 3.25% of wages for the employer and 0.75% of wages for the employee.
ESI benefits include:
Further detail
๐ Sickness benefit requires contributions for at least 78 days in a contribution period and is paid at 70% of the standard benefit rate for a maximum of 91 days in two consecutive periods.
Registration โ contributions โ medical and cash benefits
โ Must-know
๐ Employee compensation applies to injuries caused by an accident arising out of and in the course of employment or by an occupational disease, while employees covered by ESI are excluded.
๐ Formula โ Compensation for death equals , and compensation for permanent total disablement equals .
Further detail
๐ An employer must notify the Competent Authority within seven days of an accident involving serious bodily injury or an absence from work exceeding 20 days.
๐ Unjustified delay in compensation may require interest and additional damages of up to 50% of the compensation.
Employment injury โ employer liability โ compensation and possible damages
โ Must-know
๐ Maternity benefit applies to establishments employing women, and eligibility generally requires at least 80 days of work in the preceding 12 months.
Further detail
๐ A woman must not be employed during the six weeks immediately following delivery, miscarriage, or medical termination of pregnancy.
Eligibility โ leave โ payment โ workplace protection
โ Must-know
๐ Unorganised, gig, and platform workers aged 16 years or older must register, generally through self-declaration and prescribed documents including Aadhaar, to access social-security schemes.
Further detail
Employee relationship versus gig and platform work
โ Must-know
๐ Specified employers must report notified vacancies to career centres before filling them, but reporting does not require the employer to recruit through the career centre.
Further detail
๐ Reporting requirements generally exclude agriculture other than plantations, domestic service, legislative staff, vacancies lasting less than 90 days, and establishments employing fewer than 20 workers.
โ Must-know
Failure to pay employees' contributions deducted from wages may attract a fine of Rs.1,00,000 and imprisonment for one to three years.
๐ The compliance process involves:
Further detail
๐ PF and ESI applicability and dues inquiries are barred after five years and must generally be completed within two years, extendable by one year.
Facilitation โ inspection โ rectification โ prosecution
โ Must-know
Further detail
๐ Earlier EPF, ESI, and related schemes, rules, regulations, and procedures continue for one year from commencement to the extent that they are not inconsistent with the Code.
| Dimension | Earlier regime | Code on Social Security, 2020 |
|---|---|---|
| Coverage | Sector-specific laws with thresholds and traditional employment relationships | Employees, unorganised workers, gig workers, platform workers, and fixed-term employees |
| Definitions | Different definitions across statutes | Standardised definitions, including Section 2(88) wages |
| Administration | Separate organisations, forms, and paper records | Integrated boards, digital registration, and portability |
| Employment services | Employment exchanges | Government-maintained career centres |
| Offences | Uneven compounding and penalties | Structured compounding and enhanced repeat-offence penalties |
| Benefit | Eligibility or threshold | Principal entitlement |
|---|---|---|
| Provident fund | Generally 20 or more employees | Employer and employee contributions |
| Gratuity | Generally five years; one year for fixed-term employees | Payment based on last drawn wages |
| ESI | Wages up to Rs.21,000; Rs.25,000 for persons with disabilities | Medical and cash benefits |
| Maternity benefit | 80 days in preceding 12 months | Up to 26 weeks of leave |
| Creche | 50 or more employees | Creche and related facilities |
Test your knowledge on Code on Social Security 2020 with 27 multiple-choice questions with detailed corrections.
1. What is the primary legislative purpose of the Code on Social Security, 2020?
2. On what date did the Code on Social Security, 2020 come into force?
Memorize the key concepts of Code on Social Security 2020 with 74 interactive flashcards.
When did the Code on Social Security, 2020 come into force?
On 21 November 2025.
On which date did the Lok Sabha pass the Code on Social Security, 2020?
On September 22, 2020.
On which date did the Rajya Sabha pass the Code on Social Security, 2020?
On September 23, 2020.
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