Comparison: Old Social Security Laws vs. Code on Social Security, 2020
Aspect | Earlier Laws (Fragmented Acts) | Code on Social Security, 2020 |
---|---|---|
Number of Legislations | 9 separate legislations (PF Act, ESI Act, Gratuity Act, etc.) | One unified code subsuming all nine laws |
Coverage | Mostly applied to organized sector workers | Extended to all workers, including gig, platform, and unorganized sector |
Provident Fund (PF) | Mandatory for establishments with 20+ employees; voluntary coverage unclear | Same threshold, but voluntary coverage explicitly allowed for smaller establishments |
Employees’ State Insurance (ESI) | Applied to 10+ employees in notified industries | Coverage extended to more sectors and can apply even to <10 employees if notified |
Gratuity | Available after 5 years of continuous service | Same rule, but fixed-term employees eligible on pro-rata basis (no 5-year requirement) |
Maternity Benefit | 26 weeks’ leave, crèche facility for 50+ employees | Retained and strengthened with stricter protection against dismissal |
Unorganized Workers | Covered only under Unorganised Workers’ Social Security Act, 2008 (limited implementation) | National Social Security Board established; mandatory registration on centralized portal |
Gig & Platform Workers | No recognition in law | Explicitly recognized; schemes for life, disability, health, and old-age protection |
Compliance | Separate registrations, returns, and filings for PF, ESI, etc. | Single registration and one return filing for ease of compliance |
Employee Compensation (Injury/Death) | Separate law (Employees’ Compensation Act, 1923) | Integrated into one Code with uniform provisions |
Regulatory Authority | Multiple authorities under each Act | Central and State Social Security Boards for holistic governance |
✅ Advisory Insight:
This comparison shows how the SS Code modernizes and unifies India’s social security regime. While employees gain wider benefits and portability, employers enjoy simplified compliance. However, financial liability may increase due to coverage of fixed-term, gig, and platform workers.
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