Key Provisions
Coverage of Gig and Platform Workers
First-time inclusion of gig economy workers in social security framework.
- Gig worker: person who performs work outside traditional employer-employee relationship
- Platform worker: a person engaged in or undertaking platform work
- Central Government may notify social security schemes for these workers
- Aggregators required to contribute to social security fund
- Examples: Ride-sharing, food delivery, logistics, e-marketplace, professional services
Aggregator Contribution
Mandatory contribution by digital platforms to gig worker welfare.
- Aggregators must contribute 1-2% of annual turnover, OR
- 5% of amount paid to gig/platform workers
- Whichever is LOWER applies
- Creates sustainable funding for gig worker benefits
- Applicable to ride-sharing, delivery, logistics, e-marketplace platforms etc. as listed under Schedule VII of the SS Code
Wage Definition - 50% Rule
Exclusions over 50% of remuneration added back to wages.
- Same 50% rule as Code on Wages
- Affects calculation of EPF contributions
- Affects calculation of ESI contributions
- Affects gratuity calculation
- May increase employer contribution obligations
Gratuity - Fixed-Term Workers
Fixed-term workers will be eligible for gratuity on a pro-rata basis.
- Fixed-term employees are eligible for gratuity on a pro-rata basis
- Regular employees: 5 years minimum service required
- Exception: On death/disability, gratuity payable regardless of service period
- Working journalists: 3 years minimum retained
- Calculation: 15 days' wages per completed year
- Wider wage definition means higher gratuity payouts
Maternity Benefits
Benefits for women employees during maternity.
- 26 weeks paid leave for first two children
- 12 weeks for third child onwards
- 12 weeks for adopting mother (child below 3 months)
- Nursing breaks until child is 15 months old
- Crèche facility in establishments with 50+ employees
- Medical bonus as prescribed
Building Workers Welfare
Special provisions for construction workers with exemption.
- Building and Other Construction Workers Welfare Boards
- Cess on construction cost (1-2%)
- Benefits include pension, medical expenses, education assistance
- Registration of building workers
- NEW: Residential construction below ₹50 lakh EXEMPT
Inspector-cum-Facilitator Powers
Wide powers for inspection and compliance facilitation.
- Inspect establishments for compliance
- Facilitate employer understanding of requirements
- Power to compound offences
- Compounding available for: fines only OR imprisonment <1 year + fine
- Emphasis on compliance facilitation over penalization
Welfare Scheme Funding Sources
Multiple funding sources for welfare schemes.
- Central Government contributions
- State Government contributions
- CSR (Corporate Social Responsibility) funds
- Beneficiary contributions
- Aggregator contributions (for gig workers)
- Construction cess for BOCW