Background
The Code on Social Security, 2020 consolidates multiple labour laws to provide a comprehensive social security framework for all categories of workers. It aims to extend statutory benefits such as provident fund, insurance, gratuity, and welfare schemes in a uniform manner. To give effect to the Code, the Government of Uttar Pradesh has framed the Code on Social Security (UP) Rules, 2021. These Rules operationalize the Code by laying down procedures and compliance requirements within the State.
Applicability
The SS Code (Uttar Pradesh) Rules apply to the whole of the State of Uttar Pradesh and cover establishments, employers, and workers as notified under the Code on Social Security, 2020.
The Rules are applicable to the following as per Chapter IV of the Code:
1) Establishment employing ten or more persons other than a seasonal factory
2) Establishment carrying hazardous/notified life threatening activities with 1 or more employees
3) Est. being a plantation & opts for ESIC
4) Every establishment employing 100 or more employees
Compliance Requirements under the Rules in Accordance with the Code
Central Government may authorize employer having 100 or more employees upon application and with majority employee consent, to maintain a PF account. This is subject to prescribed conditions, provided employer has not defaulted on PFcontributions/committed any offense under this Code in past 3 years
Employer so authorized shall maintain the account, submit return, deposit contribution, provide facilities for inspection, pay administrative charges & abide by terms and conditions as specified in PF Scheme
No employee shall receive sickness or temporary disablement benefits for any day on which they work, are on paid leave, holiday, or strike. A beneficiary must remain at the treatment facility, follow medical directions, and not leave without permission or act against recovery.
i) Insured shall not be entitled to receive for same period—
a) both sickness & maternity benefit; or
b) both sickness & disablement benefit for temporary disablement; or
c) both maternity & disablement benefit for temporary disablement
ii) Where a person is entitled to more than one benefits mentioned above, he shall be entitled to choose which benefit he shall receive
iii) If a person dies while entitled to a cash benefit, amount up to day of death will be paid to their nominee or heir
iv)Those eligible for dependents’ or disablement benefits cannot claim Employees’ Compensation & women eligible for maternity benefits cannot claim Maternity Benefit under Chapter VI
v)Anyone receiving benefits they are not entitled to must repay the Corporation, or their legal representative must repay from deceased’s assets
vi) Value of non-cash benefits is determined by specified authority, whose decision is final
vii)Amounts recoverable can be collected as specified in sections 129 to 132
If an employee contracts an occupational disease listed in Part A, B (after six months), or C (as specified by regulations) of the Third Schedule, it will be deemed an “employment injury” unless proven otherwise.
Save as herein provided, no benefit shall be payable to an employee in respect of any disease unless the disease is directly attributable to a specific injury by accident arising out of and in the course of his employment.
An accident arising in the course of an employee’s employment shall be presumed, in the absence of evidence to the contrary, to have arisen out of that employment
Penalty & Punishment
Where no specific penalty provided for contravention of any provisions of the Code/rules/regulations framed thereunder, fine may be imposed which may extend to fifty thousand rupees
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