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Rate of contributions/compensation/payment:

Contribution Old Law New law

1) Provident Section 6 of The Employees’ The Code on Social


Fund Provident Fund and Security,2020- Section 16(1)(a)
Miscellaneous Provisions
Act, 1952 Contribution by employer: 10% of
Employer shall contribute the wages for the time being
10% of the wages for the payable to each of the employees
time being payable to each
of the employees. The
employee shall contribute an
equal amount as the
employer.

2) Pension Section 6A (2)(a) of the The Code on Social


Scheme Employees’ Provident Fund Security,2020- Section 16(1)(b)
and Miscellaneous
Provisions Act, 1952 (i) Sums from the
employer’s
contribution under
Notwithstanding anything provident fund not
contained in section 6, there exceeding 8 and 1/3
shall be established, as soon % of wages
as may be after framing of (ii) such sums payable as
the Pension Scheme, a contribution to the
Pension Fund into which Pension Fund, as may
there shall be paid, from time be specified in the
to time, in respect of every Pension Scheme, by
employee who is a member the employers of the
of the Pension Scheme,-- exempted
establishments under
(a) such sums from the section 143 to which
employer's contribution the pension scheme
under section 6, not applies;
exceeding eight and one- (iii) such sums as the
third per cent, of the basic Central Government
wages, dearness allowance after due
and retaining allowance, if appropriation by
any, of the concerned Parliament by law in
employees, as may be this behalf, specify
specified in the Pension
Scheme

3) Deposit linked Section 6C (4) (a) of the The Code on Social Security,
insurance scheme Employees’ Provident Fund 2020- Section 16(1)(c)
and Miscellaneous Amount payable by employer: Not
Provisions Act, 1952 being more than 1% of the wages
Further amount not exceeding
Employer shall pay into the 1/4th of the contribution, to meet
Insurance Fund sums of the expenses of administration of
money, not exceeding one- scheme.
fourth of the contribution
which he is required to make
under sub-section (2), as the
Central Government may,
from time to time, determine
to meet all the expenses in
connection with the
administration of the
Insurance Scheme other
than the expenses towards
the cost of any benefits
provided by or under that
Scheme.

4) Employee’s state Section 39(2) The Code on Social Security,


insurance fund [(2) The contribution shall be
paid at such rates as may be 2020- Section 29 (1) & (2)
prescribed by the Central Employer’s contribution shall be
Government: paid at such rates as may be
prescribed by the central
Provided that the rates so
Government.
prescribed shall not be more
than the rates which were in
force immediately before the
commencement of the
Employees' State Insurance.

5) Gratuity The Payment of Gratuity The Code on Social Security,


Act,1972 - Section 4(2).
2020- Section 53(2)

For every completed year of For every completed year of


service or part thereof in service or part thereof in excess of
excess of six months, the six months, the
employer shall pay gratuity
to an employee at the rate of employer shall pay gratuity to an
fifteen days’ wages based employee at the rate of fifteen
on the rate of wages last days' wages or such
drawn by the employee number of days as may be notified
concerned by the Central Government, based
on the rate of wages
last drawn by the employee
concerned

6) Maternity Benefit The Code on Social Security,


2020- Section 60(1)
)
At the rate of average daily wage
for the period of actual absence.

Section 5(1) of the Maternity


Benefit ACt, 1961 Employer Section 64
shall be liable for, the
A medical bonus from employer
payment of maternity benefit
at the rate of the average of 3500 rupees or such amount as
daily wage for the period of
her actual absence, that is to may be notified by Central Govt,
say, the period immediately
if no pre-natal confinement or
preceding and including the
day of her delivery, the post- natal care is provided for by
actual day of her delivery
and any period immediately the employer free of charge.
following that day.

Section 8 of the Maternity


Benefit Act, 1961
Women are entitled to
maternity benefit under the
Act and are also entitled to
receive medical bonus of
2500-3000 if no pre-natal
confinement and post-natal
care is provided for by the
employer free of charge.

7) Employee’s Section 4, ECA The Code on Social


compensation Security, 2020- Section 76
(a) where death results (e) where death results from
from the injury an the injury, an amount
amount equal to fifty equal to fifty per cent. of
per cent of the the monthly wages of the
monthly wages of deceased employee
the deceased multiplied by the relevant
employee multiplied factor or an amount as
by the relevant may be notified by the
factor; or an amount Central Government from
of one lakh and time to time, whichever is
twenty thousand more;
rupees, whichever is (f) where permanent total
more; disablement results from
(b) where permanent the injury, an amount
total disablement equal to sixty per cent. of
results from the the monthly wages of the
injury an amount injured employee
equal to sixty per multiplied by the relevant
cent of the monthly factor or an amount as
wages of the injured may be notified by the
employee multiplied Central Government from
by the relevant time to time, whichever is
factor; or an amount more:
of one lakh and forty (g) where permanent partial
thousand rupees, disablement results from
whichever is more. the injury,—(i) in the case
(c) where permanent of an injury specified in
partial disablement Part II of the Fourth
results from the Schedule, such
injury. (i) in the case percentage of the
of an injury specified compensation which
in Part II of Schedule would have been payable
I, such percentage of in the case of permanent
the compensation total disablement as is
which would have specified therein as being
been payable in the the percentage of the loss
case of permanent of earning capacity
total disablement as caused by that injury; and
is specified therein
as being the (ii) in the case of an injury
percentage of the not specified in the Fourth
loss of earning Schedule, such
capacity caused by percentage of the
that injury, and (ii) in compensation payable in
the case of an injury the case of permanent
not specified in total disablement as is
Schedule I, such proportionate to the loss of
percentage of the earning capacity (as
compensation assessed by the medical
payable in the case practitioner) permanently
of permanent total caused by the injury.
disablement as is (h) where temporary
proportionate to the disablement, whether total
loss of earning or partial, results from the
capacity (as injury, a half-monthly
assessed by the payment of the sum
qualified medical equivalent to twenty-five
practitioner) per cent. Of monthly
permanently caused wages of the employee
by the injury.
(d) where temporary
disablement,
whether total or
partial results from
the injury a half-
monthly payment of
the sum equivalent
to twenty-five per
cent. of monthly
wages of the
employee

8) Minimum Wages - Code of Wages, 2020

9) Social security cess in THE BUILDING AND The Code on Social Security,
respect of building and other OTHER CONSTRUCTION
construction workers. 2020- Section 100(1)
WORKERS' WELFARE
CESS ACT, 1996
Shall be collected from every
3. Levy and collection of employer undertaking building or
Cess.- (1) There Shall be other construction work, at a rate
levied and collected a cess not exceeding 2 %, but not less
for the purposes of the than 1% of the cost of construction
Building and Other incurred by an employer.
Construction Workers
(Regulation of Employment
and Conditions of Service)
Act, 1996, at such rate not
exceeding two percent- but
not less than one per cent. of
the cost of construction
incurred by an employer, as
the Central Government
may, by notification in the
Official Gazette.

10) Subsistence (a) at the rate of fifty s. 38(3) IR Code, 2020


allowance under the per cent of the
Industrial wages which
Employment workman was (3) The amount of subsistence
(standing orders) entitled to allowance payable under sub-
Act, 1946 immediately section (2) shall be — (a) at the
preceding the date rate of fifty per cent. of the wages
of such suspension, which the worker was entitled to
for the first ninety immediately preceding the date of
days of suspension; such suspension, for the first
and ninety days of suspension; and (b)
(b) at the rate of at the rate of seventy-five per cent.
seventy-five per of such wages for the remaining
cent of such wages period of suspension, if the delay
for the remaining in the completion of disciplinary
period of suspension proceedings against such worker
if the delay in the is not directly attributable to the
completion of conduct of such worker.
disciplinary
proceedings against
such workman is not
directly attributable
to the conduct of
such workman.

11) The payments of - Code of Wages, 2020 (Chapter III


Wages Act. of the Code)

12) The Trade Union - The Industrial Relations Code,


Act,1926 2020 (Chapter III of the Code)

13) The Industrial - The Industrial Relations Code,


Disputes Act, 1947 2020 (Chapter VII of the Code)

14) Payment of Bonus, 1965 Section 10 of the act states Section 26 of the Wage Code -
subject to the other
provisions of this Act, every
employer shall be bound to The annual minimum bonus shall
pay to every employee in be calculated at the rate of eight
respect of the accounting and one third per cent of the
year commencing on any wages earned by the employee or
day in the year 1979 and in one hundred rupees whichever is
respect of every subsequent higher subject to a maximum of
accounting year, a minimum twenty per cent of such wages.
bonus which shall be 8.33
per cent. of the salary of
wage earned by the
employee during the
accounting year Section 31 of the Wage Code
(Payment of bonus out of allocable
Section 2(4) of the Payment surplus)
of the Bonus Act, 1965
"allocable surplus" means- The bonus shall be paid out of the
(a) in relation to an allocable surplus which shall be an
employer, being a company amount equal to sixty per cent. in
1
[(other than a banking case of a banking company and
company)] which has not sixty-seven per cent. in case of
made the arrangements other establishment, of the
prescribed under the available surplus
Income-tax Act for the
declaration and payment
within India of the dividends
payable out of its profits in
accordance with the
provisions of section 194 of
that Act, sixty-seven per cent
of the available surplus in an
accounting year;(b) in any
other case, sixty per cent of
such available surplus.

15) Worker re-skilling Fund Section 83 of the IR Code (Worker


(IR Code, 2020) - (New concept ) re-skilling fund)

Contribution of the employer shall


be equivalent to 15 days wages as
last drawn by the worker
immediately before being
retrenched.

The Trade Unions Act, 1926


The Payment of Wages Act, 1936
The Industrial Disputes Act, 1947
The Minimum Wages Act, 1948
The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959
The Contract Labour (Regulation and Abolition) Act, 1970
The Equal Remuneration Act, 1976
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act,
1979
The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986,
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013

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