The third draft on the Code on Social Security, 2019 falls short of its stated aim to “amalgamate, simplify and rationalise” the relevant provisions of eight existing central labour laws.
It merely clubs together existing schemes in the organised sector, while skirting ambiguities over the basic criteria for availing social security benefits — such as the minimum number of employees in an organisation and length of service.
Besides, there are some basic structural and conceptual flaws.
- First, there is no uniform definition of “social security”, nor is there a central fund. The corpus is proposed to be split into numerous small funds creating a multiplicity of authorities and confusion.
- Second, it is not clear how the proposed dismantling of the existing and functional structures, such as the Employees’ Provident Fund Organisation (EPFO) with its corpus of ₹10 lakh crore — which will be handed over to a government-appointed central board — is a better alternative.
- Third, crucial categories such as “workers”; “wages”; “principal-agent” in a contractual situation; and “organised-unorganised” sectors have not been clearly defined. This will continue to impede the extension of key social security benefits such as PF, gratuity, maternity benefits, and healthcare to all sections of workers.
- Finally, there is no commitment on the government’s part to contribute to the listed social security measures, even as the Code is clear about employee and employer contributions.
Good beginning –
It is heartening to welcome aboard large sections of the workforce — “gig workers” such as those working in taxi aggregate companies like Uber and Ola. But how exactly the government proposes to facilitate their access to PF or medical care is not clear. If employers in the unorganised sectors are expected to foot the bill for EPFO contributions, that will substantially hike the cost of doing business.
Way forward –
The draft Code merely cuts and pastes the relevant sections of the existing statute without specifying how these issues are to be addressed. The government should address long-pending structural issues and deliver on its promise to actually simplify the existing labour laws.
Source – The Hindu Business Line
QUESTION – It is said that the ‘Draft Social Security Code’ is merely an exercise of rejigging of existing statutes that offer little respite to the workers. Discuss.