Friday, 12 September 2025

Comparison: Old Social Security Laws vs. Code on Social Security, 2020

 

Comparison: Old Social Security Laws vs. Code on Social Security, 2020

AspectEarlier Laws (Fragmented Acts)Code on Social Security, 2020
Number of Legislations9 separate legislations (PF Act, ESI Act, Gratuity Act, etc.)One unified code subsuming all nine laws
CoverageMostly applied to organized sector workersExtended to all workers, including gig, platform, and unorganized sector
Provident Fund (PF)Mandatory for establishments with 20+ employees; voluntary coverage unclearSame threshold, but voluntary coverage explicitly allowed for smaller establishments
Employees’ State Insurance (ESI)Applied to 10+ employees in notified industriesCoverage extended to more sectors and can apply even to <10 employees if notified
GratuityAvailable after 5 years of continuous serviceSame rule, but fixed-term employees eligible on pro-rata basis (no 5-year requirement)
Maternity Benefit26 weeks’ leave, crèche facility for 50+ employeesRetained and strengthened with stricter protection against dismissal
Unorganized WorkersCovered only under Unorganised Workers’ Social Security Act, 2008 (limited implementation)National Social Security Board established; mandatory registration on centralized portal
Gig & Platform WorkersNo recognition in lawExplicitly recognized; schemes for life, disability, health, and old-age protection
ComplianceSeparate 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 AuthorityMultiple authorities under each ActCentral 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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