On 9-1-2026, the Ministry of Labour and Employment notified the Frequently Asked Questions on Social Security Code, 2020, providing clarifications aimed at simplifying compliance, promoting inclusivity, and adapting to the evolving needs of India’s workforce.
The Code on Social Security, 2020 (Social Security Code) consolidates multiple laws into one framework, ensuring universal protection and extending coverage to organised, unorganised, gig, and platform workers with digitisation and portability at its core. This Code was implemented on 21-11-2025. By strengthening implementation with transparent digital systems, it balances social security with streamlined governance.
Read More on Four Labour Laws.
FAQs on Social Security Code:
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Can gratuity be claimed only after employment ends?
No. The Rules permit advance submission of gratuity applications where the date of retirement or cessation of employment is known in advance.
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Does delay in filing gratuity applications lead to forfeiture of claims?
No. The Rules explicitly provide that delay alone cannot invalidate a gratuity claim.
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Do employers have unfettered discretion to reject gratuity claims?
No. The Rules prescribe mandatory notices, reasoned orders, defined timelines, and appeal mechanisms, ensuring transparency and preventing arbitrary decisions.
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Can maternity benefit claims be rejected for not using prescribed forms?
No. The Rules clearly state that procedural lapses do not defeat substantive rights. Applications may be submitted physically on plain paper or electronically, and claims cannot be rejected solely due to non-use of prescribed formats.
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Is certification by a registered medical practitioner mandatory for maternity benefits?
No. The Rules broaden acceptable proof and allow certificates from ASHAs, Auxiliary Nurse Midwives (ANMs), local authorities, and other prescribed village or municipal officials, in addition to registered medical practitioners.
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Are nursing breaks strictly limited to two fixed intervals?
No. While the Rules prescribe minimum nursing breaks, they also allow additional time, including travel time, depending on the distance to the crèche or childcare facility.
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Must crèche facilities always be located within the employer’s premises?
No. The Rules permit common crèches, shared or pooled arrangements, and negotiated facilities, particularly to assist smaller establishments. Where crèche facilities are
not provided, payment of a crèche allowance is mandated.
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Do construction workers lose welfare benefits when they move across States?
No. The Rules ensure inter-state portability of registration and benefits, subject to updating migrant worker data on the destination state portal.
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Are only direct engagements by aggregators covered?
No. The Rules cover gig and platform workers engaged through subsidiaries, associate companies, holding companies, LLPs, and third-party arrangements.
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Does registration under the Rules guarantee automatic payment of benefits?
No. Registration is only an entry point that enables workers to access various social security schemes. Benefits are payable only under schemes that are onboarded on the relevant portal (such as the e-Shram portal) and subject to fulfilment of scheme-specific eligibility conditions.
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Can the Social Security Rules be amended only through Parliament?
No. The Rules constitute subordinate legislation. Accordingly, they can be modified, revised, or updated through government notifications, without requiring Parliamentary approval.
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Are penalties imposed automatically for every non-compliance?
No. The Rules provide for notice, opportunity to comply, hearing, reasoned orders, and compounding of offences before prosecution.
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Are appeals under the Rules time-bound?
Yes. The Rules prescribe clear limitation periods, standard appeal formats, and timelines for disposal.
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Are exempted establishments free from regulatory oversight?
No. Exempted establishments must meet eligibility conditions, audit and reporting requirements, and exemptions may be cancelled upon structural changes.
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Are the Social Security Rules rigid and inflexible?
No. The Rules explicitly allow revision of limits, forms, contribution rates, and procedures through government notifications, enabling adaptability to emerging needs.