Blogs

Code on Social Security, 2020

The Code on Social Security,2020 is one of the four codes, introduced to replace the the existing labour laws in India. The Code has recieved president's assent on 28th September,2020, but the date of implementation is yet to be notified..

The Code,2020 amalgamates 9 existing labour acts namely:

1. The Employees' Compensation Act,1923
2. The Employees' State Insurance Act,1948
3. The Employees' Provident Funds and Miscellaneous Provisions Act, 1952
4. The Employment Exchanges (Compulsary Notification of Vacancies) Act, 1959
5. The Maternity Benefit Act,1961
6. The Payment of Gratuity Act,1972
7. The Cine Welfare Fund Act,1982
8. The Building and Other Construction Worker Welfares Cess Act,1996
9. The Unorganised Worker's Social Security Act,2008

After the implementation, the principal employer will have to maintain/submit the following reports under the code

Form No	Name	Rule	Submission By
Form I	Appeal	Rule 14(2)(a)	Employee / Establishment
Form II	Receipt Slip	Rule 14(2)(c)	Registering Authority
Form III	Nomination/Fresh Nomination/Modification of Nomination	Rule 34(1)(2)(3) and (4)
Form IV	Application of Gratuity by an Employee/Nominee/Legail Heir	Rule 35(1)	Employee
Form V	Notice of Payment/ Rejecting claim of Gratuity	Rule 35(2)	Registering Authority
Form VI	Application for Direction Before the Competent Authority	Rule 35(4)	Employee
Form VII	Notice for Appearance before the Competent Authority/Summon	Rule 35(5) and (8)	Registering Authority
Form VIII	Notice of payment of gratuity as determined by competent/ appellate authority	Rule 35(11) and (12)	Registering Authority
Form IX	Application for recovery of Gratuity	Rule 35(13)	Employee
Form X	Certificate of Medical Officer/Medical Practitioner for confinement/miscarriage/ Medical termination of pregnancy or tubectomy operation/ delivery of a child/adoption of child	Rule 31(1)(a) and (d)	Employee
Form XI	Notice of Claim for Maternity Benefit and Payment thereof	Rule 37(2)(a) and (c)	Employee
Form XII	Compliant to the Inspector-cum-facilitator	Rule 41(1)(a)
Form XIII	Appeal	Rule 40(2) and 41(2)(b)
Form XIV	Abstract for the Maternity Benefit, and the rule	Rule 42(4)
Form XV	Information for Commencement or Modification in respect of Building or Other Construction work	Rule 43(1)(a) and (b)	Employer
Form XVI	Format for Self- assessment of Cess for Building or other construction Work	Rule 43(2)(b)	Employer
Form XVII	Notice for Stoppage or reduction of building or other construction work	Rule 43(2)(3)
Form XVIII	Return on completion of building or other construction work	Rule 43(2)(f) and 43(4)(a)&(c)	Employer
Form XIX	Proforma for Appeal before the Appellate Authority against Order of Assessment or Order Imposing Penalty	Rule 46(1) and section 105
Form XX	Format for Self- assessment of contribution by Aggregators of gig workers and platform workers	Rule 53(1)
Form XXI	Format for return to be submitted by Aggregator’s of gig workers and platform workers	Rule 51(3)(b) and (c)
Form XXII	Register of Women Employees	Rule 55(1)(a)
Form XXIII	Unified Annual Return	Rule 55(3)(a)	Establishment
Form XXIV	Notice to the Employer who committed an offence for the first time for compounding of offence under sub- section (1) of section 138	Rule 56(1)	Establishment
Form XXV	Form for reporting vacancies to career centers	Rule 58(3)(b)	Establishment
Form XXV	Form EIR	Rule 58(6)	Establishment