{"id":53969,"date":"2019-11-12T17:49:10","date_gmt":"2019-11-12T12:19:10","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?page_id=53969"},"modified":"2019-11-12T17:49:16","modified_gmt":"2019-11-12T12:19:16","slug":"answered-discuss-the-key-features-of-draft-social-security-code-2019-mention-various-flaws-in-the-draft-social-security-code-2019","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/answered-discuss-the-key-features-of-draft-social-security-code-2019-mention-various-flaws-in-the-draft-social-security-code-2019\/","title":{"rendered":"[Answered] Discuss the key features of draft social security code, 2019. Mention various flaws in the draft social security code, 2019."},"content":{"rendered":"\n
Demand of the question<\/strong>
Introduction. <\/strong>Contextual Introduction.
Body. <\/strong>Mention key highlights of the draft code. Mention various issues and flaws.
Conclusion. <\/strong>Way forward. <\/td><\/tr><\/tbody><\/table>\n\n\n\n

To amalgamate a clutch of existing laws government of India has drafted a social security code and proposes several new initiatives including universal social security for unorganised sector workers and, insurance and health benefits for gig workers. This draft is seen as a major labour reform including others.<\/p>\n\n\n\n

Key highlights\nof the draft:<\/strong><\/p>\n\n\n\n

  1. Insurance, life cover for unorganised sector\nemployees:<\/strong> Central Government shall formulate and notify, from time to\ntime, suitable welfare schemes for unorganised workers on matter relating to\nlife and disability cover; health and maternity benefits; old age protection;\nand any other benefit as may be determined by the central government.<\/li>
  2. Corporatisation of EPFO and ESIC:<\/strong> The\npension, insurance and retirement saving bodies including EPFO and ESIC will be\nbody corporate. Labour minister, labour secretary, the central PF commissioner\nand Director General of ESIC may not be by default the head of such\norganizations.<\/li>
  3. Benefits for Gig workers:<\/strong> Central\nGovernment may formulate and notify, from time to time, suitable social\nsecurity schemes for gig workers and platform workers and such schemes would\nencompass issues like life and disability cover, health and maternity benefits,\nold age protection and any other benefit as may be determined by the Central\nGovernment.<\/li>
  4. Maternity benefits:<\/strong> Subject to the other\nprovisions of this Code, every woman shall be entitled to, and her employer\nshall be liable for, the payment of maternity benefit at the rate of the\naverage daily wage for the period of her actual absence, that is to say, the\nperiod immediately preceding the day of her delivery, and any period\nimmediately following that day.<\/li><\/ol>\n\n\n\n

    What are the issues?<\/strong><\/p>\n\n\n\n

    1. It merely clubs together existing schemes\nin the organised sector.<\/li>
    2. It has avoided the ambiguities over\nthe basic criteria for availing social security benefits such as the minimum\nnumber of employees in an organisation and length of service.<\/li>
    3. The basic structural and conceptual\nflaws in the code are,<\/li>
    4. There is no uniform definition of\nsocial security.<\/li>
    5. No central fund. The corpus is\nproposed to be split into numerous small funds creating a multiplicity of\nauthorities and confusion.<\/li>
    6. It is unclear how the proposed\ndismantling of the existing and functional structures, such as the Employees\u2019\nProvident Fund Organisation (EPFO) \u2014 is a better alternative.<\/li>
    7. No clear definition for the crucial\ncategories such as workers, wages, principal-agent in a contractual situation;\nand \u201corganised-unorganised\u201d sectors.<\/li>
    8. This will continue to impede the\nextension of key social security benefits such as PF, gratuity, maternity\nbenefits, and healthcare to all sections of workers.<\/li>
    9. There is no commitment from the\ngovernment to contribute to the listed social security measures, even as the\nCode is clear about employee and employer contributions.<\/li>
    10. How exactly the government proposes\nto facilitate their access to PF or medical care is not clear.<\/li><\/ol>\n\n\n\n

      The Code on Social Security, 2019 once in place will merge 8 exiting labour laws including Provident Funds and Miscellaneous Provisions Act, 1952, Maternity Benefit Act, 1961 and Unorganised Workers\u2018 Social Security Act, 2008. Although this is a much waited reform in labour sector, there are some flaws that need to be rectified.<\/p>\n","protected":false},"excerpt":{"rendered":"

      Demand of the question Introduction. Contextual Introduction. Body. Mention key highlights of the draft code. Mention various issues and flaws. Conclusion. Way forward. To amalgamate a clutch of existing laws government of India has drafted a social security code and proposes several new initiatives including universal social security for unorganised sector workers and, insurance and… Continue reading [Answered] Discuss the key features of draft social security code, 2019. Mention various flaws in the draft social security code, 2019.<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":49132,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-53969","page","type-page","status-publish","has-post-thumbnail","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/53969","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=53969"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/53969\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media\/49132"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=53969"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}