The Code on Social Security, 2020
Administered Ministry: Ministry of Labour and Employment
Schedule
First Schedule First Schedule
THE FIRST SCHEDULE [See sections 1(4), (8) and 152 (1)] APPLICABILITY Chapter No. Chapter Heading Applicability (1) (2) (3) III Employees' Provident Fund Every establishment in which twenty or more employees are employed. IV Employees’ State Insurance Corporation Every establishment in which ten or more persons are employed other than a seasonal factory: Provided that Chapter IV shall also be applicable to an establishment, which carries on such hazardous or life threatening occupation as notified by the Central Government, in which even a single employee is employed: Provided further that an employer of a plantation, may opt the application of Chapter IV in respect of the plantation by giving willingness to the corporation, where the benefits available to the employees under that Chapter are better than what the employer is providing to them: Provided also that the contribution from the employers and employees of an establishment shall be payable under section 29 on and from the date on which any benefits under Chapter IV relating to the Employees State Insurance Corporation are provided by the Corporation to the employees of the establishment and such date shall be notified by the Central Government. V Gratuity (a) every factory, mine, oilfield, plantation, port and railway company; and (b) every shop or establishment in which ten or more employees are employed, or were employed, on any day of the preceding twelve months; and such shops or establishments as may be notified by the appropriate Government from time to time. VI Maternity Benefit (a) to every establishment being a factory, mine or plantation including any such establishment belonging to Government; and (b) to every shop or establishment in which ten or more employees are employed, or were employed, on any day of the preceding twelve months; and such other shops or establishments notified by the appropriate Government. VII Employee's Compensation Subject to the provisions of the Second Schedule, it applies to the employers and employees to whom Chapter IV does not apply. VIII Social Security and Cess in respect of Building and Other Construction Workers Every establishment which falls under the building and other construction work. IX Social Security for Unorganised Workers' Unorganised sector, unorganised workers', gig worker, platform worker. XIII Employment Information and Monitoring Career centres, vacancies, persons seeking services of career centres and employers.
Second Schedule Second Schedule
THE SECOND SCHEDULE [See sections 2(26), 74(3), (5), 132 and 152(2)] LIST OF PERSONS WHO ARE EMPLOYEES WITHIN THE MEANING OF THE THIRD PROVISO TO CLAUSE (26) OF SECTION 2 The following persons are employees within the meaning of third proviso to clause (26) of section 2 and subject to the said proviso, any person who is— (i) employed in railways, in connection with the operation, repair or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle; or (ii) employed, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the Factories Act, 1948 (63 of 1948), is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made whether or not employment in any such work is within such premises or precincts, and steam, water or other mechanical power or electrical power is used; or (iii) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale any article or part of an article in any premises; or Explanation.—For the purposes of this clause, persons employed outside such premises or precincts but in any work incidental to, or connected with, the work relating to making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale of any article or part of an article shall be deemed to be employed within such premises or precincts; or (iv) employed in the manufacture or handling of explosives in connection with the employer's trade or business; or (v) employed, in any mine as defined in clause (j) of section 2 of the Mines Act, 1952 (35 of 1952), in any mining operation or in any kind of work, incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or (vi) employed as the master or as a seaman of— (a) any ship which is propelled wholly or in part by steam or other mechanical power or by electricity or which is towed or intended to be towed by a ship so propelled; or (b) any sea going ship not included in sub-clause (a) provided with sufficient area for navigation under sails alone; or (vii) employed for the purpose of— (a) loading, unloading, fuelling, constructing, repairing, demolishing, cleaning or painting any ship of which he is not the master or a member of the crew, or handling or transport within the limits of any port subject to the Ports Act, 1908 (15 of 1908), or the Major Port Trusts Act, 1963 (38 of 1963), of goods which have been discharged from or are to be loaded into any vessel; or (b) warping a ship through the lock; or (c) mooring and unmooring ships at harbour wall berths or in pier; or (d) removing or replacing dry dock caissons when vessels are entering or leaving dry docks; or (e) the docking or undocking of any vessel during an emergency; or (f) preparing splicing coir springs and check wires, painting depth marks on lock-sides, removing or replacing fenders whenever necessary, landing of gangways, maintaining life-buoys up to standard or any other maintenance work of a like nature; or (g) any work on jolly-boats for bringing a ship's line to the wharf; or (viii) employed in the construction, maintenance, repair or demolition of— (a) any building which is designed to be or is or has been more than one storey in height above the ground or twelve feet or more from the ground level to the apex of the roof; or (b) any dam or embankment which is twelve feet or more in height from its lowest to its highest point; or (c) any road, bridge, tunnel or canal; or (d) any wharf, quay, sea-wall or other marine work including any moorings of ships; or (ix) employed in setting up, maintaining, repairing or taking down any telegraph or telephone line or post or any overhead electric line or cable or post or standard or fittings and fixtures for the same; or (x) employed, in the construction, working, repair or demolition of any aerial ropeway, canal, pipeline or sewer; or (xi) employed in the service of any fire brigade; or (xii) employed upon a railway as defined in clause (31) of section 2 and sub-section (1) of section 197 of the Railways Act, 1989 (24 of 1989), either directly or through a sub-contractor, by a person fulfilling a contract with the railway administration; or (xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail Service or as a telegraphist or as a postal or railway signaller, or employed in any occupation ordinarily involving outdoor work in the Indian Posts and Telegraphs Department; or (xiv) employed, in connection with operation for winning natural petroleum or natural gas; or (xv) employed in any occupation involving blasting operations; or (xvi) employed in the making of any excavation for which explosives have been used, or whose depth from its highest to its lowest point exceeds twelve feet; or (xvii) employed in the operation of any ferry boat capable of carrying more than ten persons; or (xviii) employed on any estate which is maintained for the purpose of growing cardamom, cinchona, coffee, rubber or tea; or (xix) employed in the generating, transforming, transmitting or distribution of electrical energy or in generation or supply of gas; or (xx) employed in a lighthouse as defined in clause (d) of section 2 of the Indian Lighthouse Act, 1927 (17 of 1927); or (xxi) employed in producing cinematograph pictures intended for public exhibition or in exhibiting such pictures; or (xxii) employed in the training, keeping or working of elephants or wild animals; or (xxiii) employed in the tapping of palm-trees or the felling or logging of trees, or the transport of timber by inland waters, or the control or extinguishing of forests fires; or (xxiv) employed in operations for the catching or hunting of elephants or other wild animals; or (xxv) employed as a diver; or (xxvi) employed in the handling or transport of goods in, or within the precincts of,— (a) any warehouse or other place in which goods are stored; or (b) any market; or (xxvii) employed in any occupation involving the handling and manipulation of radium or X-rays apparatus, or contact with radioactive substances; or (xxviii) employed in or in connection with the construction, erection, dismantling, operation or maintenance of an aircraft as defined in section 2 of the Indian Aircraft Act, 1934 (22 of 1934); or (xxix) employed in horticultural operations, forestry, bee-keeping or farming by tractors or other contrivances driven by steam or other mechanical power or by electricity; or (xxx) employed in the construction, working, repair or maintenance of a tube-well; or (xxxi) employed in the maintenance, repair or renewal of electric fittings in a building; or (xxxii) employed in a circus; or (xxxiii) employed as watchman in any factory or establishment; or (xxxiv) employed in any operation in the sea for catching fish; or (xxxv) employed in any employment which requires handling of snakes for the purpose of extraction of venom or for the purpose of looking after snakes or handling any other poisonous animal or insect; or (xxxvi) employed in handling animals like horses, mules and bulls; or (xxxvii) employed for the purpose of loading or unloading any mechanically propelled vehicle or in the handling or transport of goods which have been loaded in such vehicles; or (xxxviii) employed in cleaning of sewer lines or septic tanks within the limits of a local authority; or (xxxix) employed on surveys and investigation, exploration or gauge or discharge observation of rivers including drilling operations, hydrological observations and flood forecasting activities, ground water surveys and exploration; or (xl) employed in cleaning of jungles or reclaiming land or ponds; or (xli) employed in cultivation of land or rearing and maintenance of live-stock or forest operations or fishing; or (xlii) employed in installation, maintenance or repair of pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams and the like; or (xliii) employed in the construction, boring or deepening of an open well or dug well, bore well, bore-cum-dug well, filter point and the like; or (xliv) employed in spraying and dusting of insecticides or pesticides in agricultural operations or plantations; or (xlv) employed in mechanised harvesting and threshing operations; or (xlvi) employed in working or repair or maintenance of bulldozers, tractors, power tillers and the like; or (xlvii) employed as artist for drawing pictures on advertisement boards at a height of 3.66 metres or more from the ground level; or (xlviii) employed in any newspaper establishment as defined in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955) and engaged in outdoor work; or (xlix) employed as sales promotion employee; or (l) any other employee or class of employee employed in an establishment or class of establishments to which the Employees' Compensation Act, 1923 (8 of 1923) was applicable in any State immediately before the commencement of this Code.
Third Schedule Third Schedule
THE THIRD SCHEDULE [See sections 2 (51), 36(1), 74 (1), (3), (5), 131(5), 132 and 152(2)] LIST OF OCCUPATIONAL DISEASES Serial No. Occupational disease Employment (1) (2) (3) PART A 1. Infectious and parasitic diseases contracted in an occupation where there is a particular risk of contamination (a) all work involving exposure to health or laboratory work; (b) all work involving exposure to veterinary work; (c) work relating to handling animals, animal carcasses, part of such carcasses, or merchandise which may have been contaminated by animals or animal carcasses; (d) other work carrying a particular risk of contamination. 2. Diseases caused by work in compressed air All work involving exposure to the risk concerned. 3. Diseases caused by lead or its toxic compounds 3. All work involving exposure to the risk concerned. 4. Poisoning by nitrous fumes All work involving exposure to the risk concerned. 5. Poisoning by organo phosphorus compounds All work involving exposure to the risk concerned. PART B 1. Diseases caused by phosphorus or its toxic compounds All work involving exposure to the risk concerned. 2. Diseases caused by mercury or its toxic compounds All work involving exposure to the risk concerned. 3. Diseases caused by benzene or its toxic homologues All work involving exposure to the risk concerned. 4. Diseases caused by nitro and amido toxic derivatives of benzene or its homologues All work involving exposure to the risk concerned. 5. Diseases caused by chromium or its toxic compounds All work involving exposure to the risk concerned. 6. Diseases caused by arsenic or its toxic compounds All work involving exposure to the risk concerned. 7. Diseases caused by radioactive substances and ionising radiations All work involving exposure to the action of radioactive substances or ionising radiations. 8. Primary epitheliomatous cancer of the skin caused by tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances All work involving exposure to the risk concerned. 9. Diseases caused by the toxic halogen derivatives of hydrocarbons (of the aliphatic and aromatic series). All work involving exposure to the risk concerned. 10. Diseases caused by carbon disulphide All work involving exposure to the risk concerned. 11. Occupational cataract due to infra-red radiations All work involving exposure to the risk concerned. 12. Diseases caused by manganese or its toxic compounds All work involving exposure to the risk concerned. 13. Skin diseases caused by physical, chemical or biological agents not included in other items All work involving exposure to the risk concerned. 14. Hearing impairment caused by noise All work involving exposure to the risk concerned. 15. Poisoning by dinitrophenol or a homologue or by substituted dinitro-phenol or by the salts of such substances All work involving exposure to the risk concerned. 16. Diseases caused by beryllium or its toxic compounds All work involving exposure to the risk concerned. 17. Diseases caused by cadmium or its toxic compounds All work involving exposure to the risk concerned. 18. Occupational asthma caused by recognised sensitising agents inherent to the work process All work involving exposure to the risk concerned. 19. Diseases caused by fluorine or its toxic compounds All work involving exposure to the risk concerned. 20. Diseases caused by nitroglycerin or other nitroacid esters All work involving exposure to the risk concerned. 21. Diseases caused by alcohols and ketones All work involving exposure to the risk concerned. 22. Diseases caused by asphyxiants, carbon monoxide and its toxic derivatives, hydrogen sulphide All work involving exposure to the risk concerned. 23. Lung cancer and mesotheliomas caused by asbestos All work involving exposure to the risk concerned. 24. Primary neoplasm of the epithelial lining of the urinary bladder or the kidney or the ureter All work involving exposure to the risk concerned. 25. Snow blindness in snow bound areas All work involving exposure to the risk concerned. 26. Diseases due to effect of heat in extreme hot climate All work involving exposure to the risk concerned. 27. Diseases due to effect of cold in extreme cold climate All work involving exposure to the risk concerned. PART C 1. Pneumoconioses caused by sclerogenic mineral dust (silicoses, anthraoosilicosis, asbestosis) and silico-tuberculosis provided that silicosis is an essential factor in causing the resultant incapacity or death All work involving exposure to the risk concerned. 2. Bagassosis All work involving exposure to the risk concerned. 3. Bronchopulmonary diseases caused by cotton, flax hemp and sisal dust (Byssionsis). All work involving exposure to the risk concerned. 4. Extrinsic allergic alveelitis caused by the inhalation of organic dusts All work involving exposure to the risk concerned. 5. Bronchopulmonary diseases caused by hard metals All work involving exposure to the risk concerned. 6. Acute Pulmonary oedema of high altitude. All work involving exposure to the risk concerned.
Fourth Schedule Fourth Schedule
THE FOURTH SCHEDULE [See sections 2(55), (56), 76(1) and 152(1)] PART I LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT Serial No. Description of Injury Percentage of loss of earning capacity (1) (2) (3) 1. Loss of both hands or amputation at higher sites 100 2. Loss of a hand and a foot 100 3. Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot 100 4. Loss of sight to such an extent as to render the claimant unable to perform any work for which eye-sight is essential 100 5. Very severe facial disfigurement 100 6. Absolute deafness 100 PART II LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT Serial No. Description of Injury Percentage of loss of earning capacity (1) (2) (3) 1. Amputation through shoulder joint 90 2. Amputation below shoulder with stump less than [20.32 Cms.] from tip of acromion 80 3. Amputation form [20.32 Cms.] from tip of acromion to less than [11.43 Cms.] below tip of olecranon 70 4. Loss of a hand or of the thumb and four fingers of one hand or amputation from [11.43 Cms.] below tip of olecranon 60 5. Loss of thumb 30 6. Loss of thumb and its metacarpal bone 40 7. Loss of four fingers of one hand 50 8. Loss of three fingers of one hand 30 9. Loss of two fingers of one hand 20 10. Loss of terminal phalanx of thumb 20 11. Guillotine amputation of tip of thumb without loss of bone 10 Amputation cases-lower limbs 12. Amputation of both feet resulting in end bearing stumps 90 13. Amputation through both feet proximal to the metatarso- phalangeal joint 80 14. Loss of all toes of both feet through the metatarso-phalangeal joint 40 15. Loss of all toes of both feet proximal to the proximal inter- phalangeal joint 30 16. Loss of all toes of both feet distal to the proximal inter- phalangeal joint 20 17. Amputation at hip 90 18. Amputation below hip with stump not exceeding [12.70 Cms.] in length measured from tip of great trenchanter 80 19. Amputation below hip with stump exceeding [12.70 Cms.] in length measured from tip of great trenchanter but not beyond middle thigh 70 20. Amputation below middle thigh to [8.89 Cms.] below knee 60 21. Amputation below knee with stump exceeding [8.89 Cms.] but not exceeding [12.70 Cms.] 50 22. Amputation below knee with stump exceeding [12.70 Cms.] 50 23. Amputation of one foot resulting in end bearing 50 24. Amputation through one foot proximal to the metatarso- phalangeal joint 50 25. Loss of all toes of one foot through the metatarso- phalangeal joint 20 Other injuries 26. Loss of one eye, without complications, the other being normal 40 27. Loss of vision of one eye, without complications or disfigurement of eye-ball, the other being normal 30 28. Loss of partial vision of one eye Loss of— 10 A-Fingers of right or left hand Index finger 29. Whole 14 30. Two phalanges 11 31. One phalanx 9 32. Guillotine amputation of tip without loss of bone 5 Middle finger 33. Whole 12 34. Two phalanges 9 35. One phalanx 7 36. Guillotine amputation of tip without loss of bone 4 Ring or little finger 37. Whole 7 38. Two phalanges 6 39. One phalanx 5 40. Guillotine amputation of tip without loss of bone 2 B-Toes of right or left foot Great toe 41. Through metatarso-phalangeal joint 14 42. Part, with some loss of bone 3 Any other toe 43. Through metatarso-phalangeal joint 3 44. Part, with some loss of bone 1 Two toes of one foot, excluding great toe 45. Through metatarso-phalangeal joint 5 46. Part, with some loss of bone 2 Three toes of one foot, excluding great toe 47. Through metatarso-phalangeal joint 6 48. Part, with some loss of bone 3 Four toes of one foot, excluding great toe 49. Through metatarso-phalangeal joint 9 50. Part, with some loss of bone 3
Fifth Schedule Fifth Schedule
THE FIFTH SCHEDULE [See sections 15(2) and 152(1)] MATTERS THAT MAY BE PROVIDED FOR IN THE SCHEMES Any scheme framed under section 15 may provide for any or all of the matters as specified below, namely:— PART A Serial No. Matters on which the Provident Fund Scheme may make provisions (1) (2) 1. The employees or class of employees who shall join the Fund, and the conditions under which employees may be exempted from joining the Fund or from making any contribution. 2. The time and manner in which contributions shall be made to the Fund by employers and by, or on behalf of, employees, (whether employed by him directly or by or through a contractor), the contributions which an employee may, if he so desires, make under section 16, and the manner in which such contributions may be recovered. 3. The manner in which employees' contributions may be recovered by contractors from employees employed by or through such contractors. 4. The payment by the employer of such sums of money as may be necessary to meet the cost of administering the Fund and the rate at which and the manner in which the payment shall be made. 5. The constitution of any committee for assisting any board of trustees. 6. The opening of regional and other offices of any board of trustees. 7. The manner in which accounts shall be kept, the investment of moneys belonging to the Fund in accordance with any directions issued or conditions specified by the Central Government, the preparation of the budget, the audit of accounts and the submission of reports to the Central Government, or to any specified State Government. 8. The conditions under which withdrawals from the Fund may be permitted and any deduction or forfeiture may be made and the maximum amount of such deduction or forfeiture. 9. The fixation by the Central Government in consultation with the boards of trustees concerned of the rate of interest payable to members. 10. The form in which an employee shall furnish particulars about himself and his family whenever required. 11. The nomination of a person to receive the amount standing to the credit of a member after his death and the cancellation or variation of such nomination. 12. The registers and records to be maintained with respect to employees and the returns to be furnished by employers or contractors. 13. The form or design of any identity card, token or disc for the purpose of identifying any employee, and for the issue, custody and replacement thereof. 14. The fees to be levied for any of the purposes specified in this Schedule. 15. The contraventions or defaults which shall be punishable under section 135. 16. The further powers, if any, which may be exercised by Inspector-cum-Facilitators. 17. The manner in which accumulations in any existing provident fund shall be transferred to the Fund and the mode of valuation of any assets which may be transferred by the employers in this behalf. 18. The conditions under which a member may be permitted to pay premia on life insurance, from the Fund. 19. Any other matter which is to be provided for in the Scheme or which may be necessary or proper for the purpose of implementing the Scheme. PART B MATTERS THAT MAY BE PROVIDED FOR IN THE PENSION SCHEME 1. The employees or class of employees to whom the Pension Scheme shall apply. 2. The portion of employers' contribution to the Provident Fund which shall be credited to the Pension Fund and the manner in which it is credited. 3. The regulation of the manner in which and the period of service for which, no contribution is received. 4. The manner in which employees' interest will be protected against default in payment of contribution by the employer. 5. The manner in which the accounts of the Pension Fund shall be kept and investment of moneys belonging to Pension Fund to be made subject to such pattern of investment as may be determined by the Central Government. 6. The form in which an employee shall furnish particulars about himself and the members of his family whenever required. 7. The forms, registers and records to be maintained in respect of employees, required for the administration of the Pension Scheme. 8. The scale of pension and pensionary benefits and the conditions relating to grant of such benefits to the employees. 9. The manner in which the exempted establishments have to pay contribution towards the Pension Scheme and the submission of returns relating thereto. 10. The mode of disbursement of pension and arrangements to be entered into with such disbursing agencies as may be specified for the purpose. 11. The manner in which the expenses for administering the Pension Scheme will be met from the income of the Pension Fund. 12. Any other matter which is to be provided for in the Pension Scheme or which may be necessary or proper for the purpose of implementation of the Pension Scheme. PART C MATTERS THAT MAY BE PROVIDED FOR IN THE EMPLOYEES' DEPOSIT-LINKED INSURANCE SCHEME 1. The employees or class of employees who shall be covered by the Insurance Scheme. 2. The manner in which the accounts of the Insurance Fund shall be kept and the investment of moneys belonging to the Insurance Fund subject to such pattern of investment as may be determined, by order, by the Central Government. 3. The form in which an employee shall furnish particulars about himself and the members of his family whenever required. 4. The nomination of a person to receive the insurance amount due to the employee after his death and the cancellation or variation of such nomination. 5. The registers and records to be maintained in respect of employees; the form or design of any identity card, token or disc for the purpose of identifying any employee or his nominee or member of his family entitled to receive the insurance amount. 6. The scales of insurance benefits and conditions relating to the grant of such benefits to the employees. 7. The manner in which the amount due to the nominee or the member of the family of the employee under the scheme is to be paid including a provision that the amount shall not be paid otherwise than in the form of a deposit in a savings bank account, in the name of such nominee or member of family, in any corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). 8. Any other matter which is to be provided for in the Employees' Deposit-linked Insurance Scheme or which may be necessary or proper for the purpose of implementing that Scheme.
Sixth Schedule Sixth Schedule
THE SIXTH SCHEDULE
[See sections 75, 76(1) and 152(1)]
FACTORS FOR WORKING OUT LUMP SUM EQUIVALENT OF COMPENSATION
AMOUNT IN CASE OF PERMANENT DISABLEMENT AND DEATH
Completed years of age on the last birthday of the
employee immediately preceding the date on which
the compensation fell due
Factors
(1) (2) (3)
Not more than 16 228.54
17 227.49
18 226.38
19 225.22
20 224.00
21 222.71
22 221.37
23 219.95
24 218.47
25 216.91
26 215.28
27 213.57
28 211.79
29 209.92
30 207.98
31 205.95
32 203.85
33 201.66
34 199.40
35 197.06
36 194.64
37 192.14
38 189.56
39 186.90
40 184.17
41 181.37
42 178.49
43 175.54
44 172.52
45 169.44
46 166.29
47 163.07
48 159.80
49 156.47
50 153.09
51 149.67
52 146.20
53 142.68
54 139.13
55 135.56
56 131.95
57 128.33
58 124.70
59 121.05
60 117.41
61 113.77
62 110.14
63 106.52
64 102.93
65 or more 99.37
Seventh Schedule Seventh Schedule
THE SEVENTH SCHEDULE [See section 114(4)] CLASSIFICATION OF AGGREGATORS Sl. No. Classification of Aggregator 1. Ride sharing services 2. Food and grocery delivery services 3. Logistic services 4. e-Market place (both market place and inventory model) for wholesale/ retail sale of goods and/or services (B2B/B2C) 5. Professional services provider 6. Healthcare 7. Travel and hospitality 8. Content and media services 9. Any other goods and services provider platform