Draft Labour Code on Social Security & Welfare

No. Z-13025/ 13 /2015-LRC
Government of India
Ministry of Labour & Employment

Shram Shakti Bhavan,

New Delhi Dated 11th April 2017

SUBJECT: Draft Labour Code on Social Security & Welfare - reg.

1. In continuation of this Ministry’s communication of even number dated 16th March 2017 on the above subject, wide which the preliminary draft of the Code on Social Security Bill 2017 was placed on the Website, inviting comments/suggestions from the stakeholders, it is intimated that the last date for submission of comments suggestions has been extended to one month.

2. Accordingly, it is requested that the comments/suggestions on this draft Code should be sent to this Ministry by 16th May 2017 (Tuesday), on the address S. K. Tripathi, Under Secretary (LRC), Ministry of Labour & Employment, Room No. 17, Shram Shakti Bhavan, Rafi Marg, New Delhi – 110001, or through email to labourlaws109@gmail.com. It is again reiterated that in order to facilitate proper consideration, the comments/suggestions on the draft Code must be in following format:

Format
Section / Sub-Section / Clause / Proviso of the Code	Issue / Problem identified in the clause	Proposed Changed/ correction that should be made	Reason for proposed change

Encl: As above

(S. K. Tripathi)

Under Secretary to the Government of India

Tel. No. 2376 6937

E-mail: sushil.tripathi@nic.in

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No. Z-13025/ 13 /2015-LRC

Government of India 

Ministry of Labour & Employment

Shram Shakti Bhavan,

New Delhi Dated 16th March 2017

SUBJECT: Draft Labour Code on Social Security & Welfare - reg.

1. In line with the recommendations of the 2nd National Commission on Labour, Ministry of Labour & Employment has taken steps for simplification, amalgamation and rationalization of Central Labour Laws and replacing them with 4 Labour Codes viz. Code on Wages, Code on Industrial Relations, Code on Social Security & Welfare, and Code on Occupational Safety, Health & Working Conditions.  Out of these, first two i.e. Code on Wages and Code on Industrial Relations were earlier drafted and put on the Website of the Ministry of Labour & Employment inviting comments of the stakeholders/public. Both these Codes are under consideration of the Government at present. 

2. Ministry has since prepared a Preliminary draft of the Code on Social Security & Welfare by amalgamating all existing Labour Laws related to Social Security (total 15 Labour Laws including EPF Act, ESI Act, Maternity Benefit Act, Payment of Gratuity Act, Employees Compensation Act, Unorganised Social Security Act, and various Welfare Cess /Fund Acts). The draft of the Code on Social Security & Welfare is attached. 

3. Comments/suggestions of all concerned stakeholders/other members of the public are invited on this draft Code for consideration in the Ministry of Labour & Employment. It is requested that the comments/suggestions should reach the Ministry within one month time from the date of issuance, on the address S. K. Tripathi, Under Secretary (LRC), Ministry of Labour & Employment, Room No. 17, Shram Shakti Bhavan, Rafi Marg, New Delhi – 110001, or through email to sushil.tripathi@nic.in.  In order to facilitate proper consideration, the comments/suggestions on the draft Code must be in following format: 

Format
Section / Sub-Section / Clause / Proviso of the Code	Issue / Problem identified in the clause	Proposed Changed/ correction that should be made	Reason for proposed change

 Encl: Draft Code on Social Security & Welfare

(S. K. Tripathi)

Under Secretary to the Government of India

Tel. No. 2376 6937

E-mail: sushil.tripathi@nic.in

____________________________________________________________________________________________________________________________

LABOUR CODE ON SOCIAL SECURITY 2017

A Bill To simplify, rationalize, consolidate, and amend the laws relating to social security of workforce so as to make them less complex for easier comprehension, implementation and enforcement.

Be it enacted by Parliament in the sixty eighth year of the republic of India as follows.

PART A

Application and Definitions

CLAUSE		PROVISION
1	Short title, extent, application and commencement
1.1.	This  Code may be called the  Labour Code on Social Security  2017.
1.2.	It shall extends to the whole of India.
1.3.	It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint: Provided that different dates may be appointed for different classes of establishments, different provisions of this Code and for different States or different parts thereof.
1.4.	The Code shall apply to all entities: Provided that the Code or such provisions of the Code shall not apply to such class of entities as may be specified in the Part – I of First Schedule, in respect of such workers of the entity and subject to restrictions and conditions specified therein.	EPF 16 MBA 26
1.5.	The Code shall apply to –
	(a) workers that are employed by any entity;
	(b) worker who may also be the owner or the proprietor of an entity or a self-employed unit;
	(c) international workers; and
	(d) Indian citizen, working outside the territory of India, who opts to become a member of social security schemes under this Code:
	Provided that the Code or such provisions of the Code shall not apply to such class of workers as may be specified in the Part-II of the First Schedule, subject to restrictions and conditions mentioned therein.
1.6.	The provisions of this Code shall have effect notwithstanding anything inconsistent therewith contained in the Life Insurance Corporation Act, 1956 (31 of 1956).	EPF 17AA
1.7.	The provisions of this Code shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this code:	MBA 27
	Provided that where under any such award, agreement, contract of service or otherwise, a worker is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Code, the worker shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he is entitled to receive benefits in respect of other matters under this code.
1.8.	Nothing contained in this code shall be construed to preclude a worker from entering into an agreement with his  employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled Provided that where under any such award, agreement, contract of service or otherwise, a worker is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Code, the worker shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he is entitled to receive benefits in respect of other matters under this code.	MBA 27

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For Complete Draft - please find the link below :-
http://www.labour.nic.in/sites/default/files/Social%20Security%20Code-11.04.2017.pdf
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