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Decoding: The Code on Social Security, 2020 (India)
October 2020
Background Definition of Wages
After being first presented almost a year ago, The This is one of bigger changes expected to impact
Code on Social Security, 2020 was finally passed the contributions and benefits under the Code. The
by the Parliament and subsequently received the new Wages definition includes Basic Pay,
President’s assent on the 28th of September 2020.
Dearness Allowance and Retaining Allowances
This was one of the three labour codes which
received the assent and kick-starts a process and excludes all the other allowances. However,
where decades-old labour laws in India get excluded allowances should not exceed 50
merged into the four labour codes. The percent of the Gross salaries in which case the
Government expects this codification would excess above 50 percent would be included in the
significantly ease labour law compliance for definition of Wages. In other words, Wages should
employers, cut-down red-tape and labour related not be less than 50% of the Gross salary. For
litigation, enhances social security for employees majority of organizations in India, Basic wages
and overall improve India’s ranking in doing constitutes 30% to 50% of gross pay and therefore
business and attracting foreign investments. higher costs would be incurred by the employer if
the new definition is applied retrospectively to
As the name suggests, the Code on Social
Security aims to consolidate existing social schemes such as Gratuity and Leave encashment
security laws and extend the same to all which are provisioned on Basic wages. Schemes
employees in organized or unorganized sectors. such as Provident Fund and Employees State
While the detailed rules would be framed and be Insurance could be less impacted as these have
available in the coming months, let us look at wage caps for eligibility and contributions.
some of the bigger amendments that have been
made and how it impacts organizations, employers It should also be noted that wages-in-kind paid to
and employees. employees too falls within the same clause and
any excess wages-in-kind above 50% of gross
Consolidates existing Labour Laws salary would be clawed back within the definition
of wages. This would have an implication of
The Code on Social Security consolidates the
Flexible Compensation structures being adopted
following 9 existing labour laws.
by many organizations in India where flexible
1. The Employee's Compensation Act, 1923; benefits such as Company provided Car, Housing,
2. The Employees' State Insurance Act, 1948; Professional Development etc. are offered as part
3. The Employees' Provident Funds and Miscellaneous of Cost to Company (CTC model). More clarity is
Provisions Act, 1952; awaited on these issues
4. The Employment Exchanges (Compulsory Notification
of Vacancies) Act, 1959;
5. The Maternity Benefit Act, 1961; Separately it remains to be seen that whether
6. The Payment of Gratuity Act, 1972; supplementary retirement benefit plans like
7. The Cine-Workers Welfare Fund Act, 1981; National Pension Scheme (NPS) and
8. The Building and Other Construction Workers' Superannuation which have historically being
Welfare Cess Act, 1996;
9. The Unorganized Workers' Social Security Act, 2008. linked to Basic wages would also now get linked to
the new definition of Wages.
While consolidating labour laws is an action in the
right direction, organizations would really benefit if
ongoing compliance requirements is limited to one
Annual Return covering all the above laws.
Similarly, new organizations setting up their
businesses would want to have one form covering
all their licensing and registrations under the Code.
Decoding: The Code on Social Security Code, 2020 (India) 1
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Social Security for Gig and Platform provision adequately so that there are no surprises
workers towards the end of the financial year.
The Code establishes formal definitions of these Fixed-Term Employments
new categories of employees which are “outside of
traditional employer-employee relationship”. In The Code acknowledges Fixed-Term employment
view of a significant increase in hiring of platform based on a written contract and provides that
workers by aggregators like Ride sharing services, wages, allowances and benefits of fixed term
food delivery services, logistics etc. the Code employers should be no less than those of
provides for a road-map by which several social permanent employees. This could have large
security plans like life insurance, health, maternity, implications on organizations which regularly hire
old age protection would be set up for these large number of fixed-term employees for project
workers to be financed by the Centre, State and work at lower salaries as compared to permanent
the Employer. Specifically, the Code requires employees. Compliance to these provisions should
aggregators to contribute 1-2 percent of their lead to a rise in wage bills for these organizations.
annual turnover towards social security schemes As organizations must maintain records of different
for these workers. This is a great step to ensure type of workers employed by them, those not
adequate protection of the Gig workforce who are offering wage parity between permanent and fixed
currently not under any formal social security plans term employees could be pulled up for non-
compliance. Additionally, Gratuity for Fixed term
Provident Fund applicability and rate employees shall be paid on pro-rated basis
indicating it would be paid without any vesting
The Code specifies the rate to be 10% or 12% of criterion of 5 years’ service again leading to a
pay as decided by the Government. Moving to a higher cost for employers.
lower rate of 10% would boost the cash-in-hand
salary by 4% under a CTC model but have a Other Rules
significant adverse impact on the retirement saving
accumulations under the Provident Fund scheme. Besides the above, the Code reiterates some of
Separately one of the clauses highlights potential the key benefits currently being offered under the
to exclude an organization from Provident Fund Maternity Benefits Act which mandates 26 weeks
based on an agreement between employers and of paid maternity leave and the provision of
majority of employees. This needs more clarity on Creches which has not seen complete compliance
the eligibility and applicability. Considering across India. The Employees Compensation Act
Provident Fund is the only formal scheme which too retains most of its provisions and shall be
mandates regular savings towards retirement, it applicable for organizations not covered under the
would be preferable to keep the scheme Employees State Insurance Chapter although it
mandatory with the contribution rate being needs to be clarified if there is a cap on wages for
unchanged at 12 percent the calculation of compensation in case of death or
disability.
Gratuity
Overall the Code on Social Security is a step in the
right direction to improve India’s position in the
As explained above, the change in definition of
Ease of Doing Business ranking and encourage
wages would lead a sharp increase in accounting
foreign investment in the country. Organizations
and actuarial liabilities for organisations. For
would look forward to the detailed rules to be
example, an organization which historically capped
published under the Code to confirm if the actual
Basic wage at 30% of Gross Salary would see
compliance obligations would be reduced once the
their Balance Sheet liabilities rise by approximately
Code is implemented.
60% if they must move to the new definition of
Wages retrospectively. A similar impact could be
seen in Leave encashment liabilities if
organisations encashes the accumulated leaves
on Basic wages only. Organisations should assess
the financial impact of this in advance and
Decoding: The Code on Social Security Code, 2020 (India) 2
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Contact Information
We’re here to empower results, if you would like
further information or to discuss these or other
retirement matters, please reach out to:
Vishal Grover
Practice Leader, Retirement Solutions
Aon India
([Link]@[Link])
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Decoding: The Code on Social Security Code, 2020 (India) 3