Social Security Code: Another Historic Opportunity Missed!
Published on: 11 October 2020, 05:00 am
Social Security Code enacted by the government in the Monsoon Session of 2020 has disappointed many, including its erstwhile supporters. DR. K.R. SHYAM SUNDAR and RAHUL SURESH SAPKAL examine the implication of the Social Security Code and unravel its many facets.
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The eventual Social Security Code (SSC) gazetted on September 29, 2020, is a much-diluted version of its earlier somewhat comprehensive draft presented before the Parliament in 2018. The 2018 draft was comprehensive as it sought to cover, though inadequately, major components of social security. It was dumped probably due to heavy criticisms from all quarters especially from employers and trade unions. We must assess SSC in the light of its Preamble, the critical reviews and recommendations of the Parliamentary Standing Committee (PSC), and the ILO instruments on social security.
The Preamble of the Code reads: "An Act to amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organised or unorganised or any other sectors (sic) and for matters connected therewith or incidental thereto." (emphasis added).
Nine Concepts of Social Security
The ILO Social Security (Minimum Standards) Convention, 1952 (ILO-SSC), which is its flagship instrument on social security, envisages nine components of social security (SS), like medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit, and survivors' benefit.
“The concern here is that notifications in the future should not lead to narrower coverage of crucial and substantive clauses on the so-called grounds like "financial situation in the country" or probably "in the public interest" as has been happening in the recent past
Even though the Convention provides for ample flexibility to the ratifying countries to implement the clauses of it gradually, though surely, only 59 countries have ratified it and it does not include India.
