Labour Ministry seeks feedback on draft social security rules

They propose to provide the unorganised sector, gig and platform workers access to social security benefits through a government portal.

As per the new rules, a worker who migrates is entitled to get benefits in the State where he works.

The Union Labour and Employment Ministry has notified the draft rules under the Code on Social Security, 2020 , which propose to provide the unorganised sector, gig and platform workers access to social security benefits through a government portal.

The Ministry notified the draft rules on November 13 and sought suggestions and objections within 45 days.

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In a statement on Sunday, the Ministry said the rules have been framed for the implementation of the provisions of the Code on Social Security, 2020, which was passed by Parliament in September, relating to the Employees’ Provident Fund, Employees’ State Insurance Corporation, gratuity, maternity benefit, social security and cess in respect of building and other construction workers (BOCW).

“The draft rules also provide for Aadhaar-based registration, including self-registration by unorganised workers, gig workers and platform workers on the portal of the Central government. Ministry of Labour and Employment has already initiated action for development of such portal,” the Ministry said.

The rules also provide for the Aadhaar-based registration of BOCW on a portal of the Centre, State government or the BOCW welfare board of the State.

“Where a building worker migrates from one State to another he shall be entitled to get benefits in the State where he is currently working and it shall be the responsibility of the Building Workers Welfare Board of that State to provide benefits to such a worker,” it said.

The rules also provide for a single electronic registration of an establishment, including for cancellation in case the business is closed. The BOCW cess would be calculated by the employer on the basis of the cost of construction according to the rates of the State Public Works Department or the Central Public Works Department or the documents submitted to the Real Estate Regulatory Authority.

“The rate of interest for delayed payment of such cess has been reduced from 2% every month or part of a month to 1%. Under the existing rules, the assessing officer has the power to direct that no material or machinery can be removed or disturbed from the construction site. Such power for indefinitely stopping of construction work has been withdrawn in the draft rules. Further, under the draft rules, the assessing officer can visit the construction site only with the prior approval of the secretary of the Building and Other Construction Workers Board,” the Ministry said.