Key Provisions

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
key_provisions_-2.txt · Last modified: 2026/03/07 14:01 by compliance_manager

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