Social Security
Pension Rights
Note: Upcoming Labour Legislation in India
In 2020, the Indian Parliament combined 25 labour laws into three codes, i.e., the Social Security Code, the Code on Industrial Relations and the Code on Occupational Safety, Health and Working Conditions. Enacted in 2019, the Code on Wages also amalgamated four relevant labour laws.
The four new Labour Codes were supposed to be effective from 01 April 2021. However, considering the rise in COVID cases and the potential impact of the new Codes on per-employee costs for enterprises, the Government delayed their implementation to a future date. The Central and State Governments have been working on rules under these Codes. The new legal provisions will be effective only once notified.
__________________________________________
Currently Applicable Provisions
Employee's Pension Scheme 1995 provides for both full and reduced/early pension. For full/superannuation pension, a worker must have reached 58 years of age with at least 120 months (10 years) of contribution. A person is entitled to partial pension at the age of 58 years with less than 120 months (10 years) of contribution. Early pension is granted at the age of 50 years with at least 120 months (10 years) of contribution.
The amount of old-age monthly pension is based on a member's pensionable service and earnings, but it may not be less than 1,000 rupees per month. A lump sum of total employer and worker contributions plus accrued interest is paid as a partial pension. The early pension is a reduced form of full pension and full pension is reduced by 3% for each year the retirement is taken before 58 years.
The Labour Ministry has notified 8.65% interest rate on employees provident fund for 2018-19.
Source: §12 of Employee's Pension Scheme 1995
Non-Standard Workers' Rights on Old Age Pensions - Platform workers
The Code on Social Security enacted by the Indian Parliament in 2020 but not fully implemented as of March 2025, is the primary national legislation that explicitly recognises platform workers. It defines:
- Platform work as “a work arrangement outside of a traditional employer employee relationship in which organisations or individuals use an online platform to access other organisations or individuals to solve specific problems or to provide specific services or any such other activities which may be notified by the Central Government, in exchange for payment”;
- Gig worker as “a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship”;
- Platform worker as “a person engaged in or undertaking platform work” considering platform workers as a subset of gig workers, distinguished by their use of digital platforms;
- Aggregator as “a digital intermediary or a market place for a buyer or user of a service to connect with the seller or the service provider”.
Key provisions include:
- Social Security Schemes: The central government is empowered to formulate schemes for gig and platform workers, including life and disability cover, accident insurance, health and maternity benefits, and old-age protection, creche/daycare centres. Aggregators/digital labour platforms are required to contribute 1-2% of their annual turnover to a social security fund. However, this is capped at 5% of the amount paid or payable by an aggregator to gig workers and platform workers.
- Registration: Platform workers must register on the e-Shram portal, launched in 2021, to access these benefits. The registration requires an Aadhaar number and a self-declaration of having worked at least 90 days in the past year.
The Code on Social Security does not classify platform workers as employees, leaving them as independent contractors without traditional labor rights like minimum wages, statutory leaves, regulated working hours, or collective bargaining rights.
The Rajasthan Platform Based Gig Workers (Registration and Welfare) Act, 2023 is India’s first state-level law specifically for platform workers. It mandates:
- Registration of platform workers with a unique ID.
- A welfare board to oversee social security schemes.
- A cess (fee) on platform transactions to fund welfare measures.
- Transparency in algorithmic management and grievance redressal mechanisms. However, it’s yet to be fully enforced as of early 2025."
Old Age Pension and Welfare Funds Under State Laws
Old Age Pension and Welfare Funds in Andhra Pradesh
For Advocates’ Clerks:
In 1992, the State Government constituted a fund to be called the Andhra Pradesh Advocates Clerks Welfare Fund. The purpose of the same has been to carry out various tasks of welfare for the employees. The body that is primarily responsible for the application of the fund is the Advocate's Welfare Fund Committee. Advocates’ Clerks below the age of 45, who are members of recognized Advocates ‘Clerks’ Association can apply for a membership to this fund. The stipulated registration fee is Rs. 50 along with Rs. 500 towards subscription for a lifetime. Rejection of application entails a refund of all fees paid at the time of application. During the time of registration, all members are expected to delineate nominees who will be recipients of dues from the fund; in case of death. No retired person from any service and court should be admitted to the membership of the fund.
The Welfare Fund Committee may, for the Welfare of the members of the Fund: (a) obtain from the Life Insurance Corporation of India, Policies of Group Insurance for the members of the Fund; (b) provide for a policy of Provident Fund for the members of the Fund; (c) provide for medical facilities for the member of the Fund and their spouses; and (d) provide for such other benefits as may be prescribed.
Source: Section 3, 8, 15, 15A, 17, Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992
For Advocates:
Every advocate below the age of 35 years who is practising in any court in the State and is a member of a Bar Association may apply for admission as a member of the Fund. The applicant for membership should pay an amount of rupees 2000 towards the admission fee along with an amount of rupees 1000 towards the subscription for life membership. On such payment, the membership of the Advocate concerned will be, subject to certain provisions, for a lifetime. The applicants are also expected to list their nominee(s) and their share of the right to receive the amount which may be due to him from the Fund in the event of his death. In case of rejection of the application, the applicant is entitled to the entire refund of the amount paid with the application. A person retired either from government or private service on superannuation or on voluntary retirement should not be admitted to the membership of the Fund.
The Welfare Fund Committee may, for the Welfare of the members of the Fund, — (a) obtain from the Life Insurance Corporation of India, policies of Group Insurance for the members of the Fund. (b) Provide for a policy of Provident Fund for the members of the Fund; (c) provide for medical facilities for the members of the Fund and their spouses, and (d) provide for such other benefits as may be prescribed.
Source: Section 15, 15A, Andhra Pradesh Advocates' Welfare Fund Act, 1987
Section 3, 4, 5 (BOOK RULES)
For Industry/ Factory Candidates:
Any Industry/Factory/Joint Venture and project taken up even under PPP mode must appoint/engage not less than 75% of the employment with local candidates. Provided that where qualified/suitable local candidates are not available, the industry/factory with the collaboration of the Government should take steps to train and engage local candidates within 3 years.
Source: Section 3, Andhra Pradesh Employment of Local Candidates in the Industries/Factories Act, 2019
For Employees of Private Aided College for Technical Education:
Employees of Private Aided College or Institution imparting Technical Education are entitled to Grant-in-aid. It should be calculated at the minimum of pay in the time scale allowed to the post held. It should also include government support of the Automatic Advancement Scheme and Career Advancement Scheme extended to such employees. However, these must be limited to the quantum of Grant-in-aid sanctioned to the post.
Every employee of a Private Aided Educational Institution, must, from the date of approval of his appointment in an aided post, be eligible to count the work done after this date, for fixation of pay. This can also help them determine the Automatic Advancement Scheme, Career Advancement Scheme entitlements. Pension made applicable or extended to such employees from time to time.
Source: Section 3, Andhra Pradesh Private Aided Collegiate and Technical Education Employees (Regulation of Pay) Act, 2006
Section 3, Andhra Pradesh Private Aided Educational Institutions Employees (Regulation of Pay) Act, 2005
For Employees at Establishments:
Every employee in an establishment after he has put in at least six months of service under the same employer will also be entitled to a special casual leave of six days only once during the entire service. This is if the employee has undergone vasectomy or tubectomy operation, subject to the production of a certificate therefore from an authorized medical practitioner who performed the medical operation.
Source: Section 30, Andhra Pradesh Shops and Establishments Act, 1988
There is a fund called Andhra Pradesh State Rural Employment Guarantee Fund, established under the Andhra Pradesh State Employment Guarantee Fund (APSEGF) Rules 2008.
Source: Andhra Pradesh State Employment Guarantee Fund (APSEGF) Rules 2008
For Unorganized Workers:
The government provides unorganized workers with registrations and identity cards. Every unorganized worker who has completed 14 years of age, but has not completed 60 years of age, and who has been engaged in any unorganized sector work is eligible for registration as a beneficiary under the Act/Rule. The fee for the registration of workers should be Rs. 30/- and fee for renewal should be Rs. 20/- and fee for any change of nominations and for the issue of duplicate Identity Cards should be Rs. 10/- (excluding Photo of the beneficiary). Provided that an application for registration/renewal should not be rejected without giving the applicant an opportunity of being heard. Every unorganized worker should at the time of making the application for his/her registration with the Department; make a nomination, for the purpose of delivery of benefits in case of death of the worker. The Rules also specify the criteria and the nature of nominees permissible.
No unorganized worker is to be entitled to more than one same or similar benefit under this Act, Rules or the Scheme or any other Act conferring the same or similar benefit. The unorganized worker is entitled to continue as a beneficiary under one Scheme only depending upon his prime occupation. However, he may transfer his membership from one Scheme to the other and the contribution remitted by him along with the employer's matching contribution, if any, should also be transferred to the latter Scheme.
Source: Section 26, Andhra Pradesh Unorganized Workers' Social Security Rules, 2012
Every employee who has served in an establishment for a period of not less than one year should subscribe to the Insurance Scheme or Insurance-cum-saving Scheme, as may be notified by the Government, to be applicable to the establishment. Employers must make the payment to the authority notified by the Government on behalf of the employee on or before the given date. They must recover the same from the wages payable to the employee.
In addition to the subscription of the employee mentioned, every employer of the establishment to which the scheme of insurance or insurance-cum-savings is made applicable by the Government must also pay such a percentage of annual wages of an employee as employer's contribution.
Source: Section 34, Andhra Pradesh Shops and Establishments Act, 1988
Old Age Pension and Welfare Funds in Maharashtra
For all domestic workers:
Any domestic worker between 18 years and 60 years of age can be registered as a beneficiary under the name of the board and funds for granting financial and welfare benefits
Source: Section 11 of the Maharashtra Domestic Workers Welfare Board Act, 2008
For all labourers:
The Maharashtra Labour Welfare Act, 1953, establishes systems for reclaiming unpaid wages and various other benefits for workers registered. Namely, a) community and social education centers including reading rooms and libraries; (b) community necessities; (c) games and sports; (d) excursions, tours and holiday homes; (e) entertainment and other forms of recreations; (f) home industries and subsidiary occupations for women and unemployed persons; (g) corporate activities of a social nature.
Source: Maharashtra Labor Welfare Fund Act, 1953
For all advocates:
Upon cessation of practice, member lawyers are entitled to an amount specified. In case of invalidity this can be claimed before 5 years of expiry form membership. In case of death, it is paid to the legal heir of the family.
Source: Section 17 of the Maharashtra Advocates Welfare Fund Act, 1981
For all Mathadis, Hamals, Manual workers, and Private Security Guards:
In case of employment of mathadis, hamals, manual workers, and private security guards, the State Government reserves rights to create schemes for better terms and conditions for security guards around the state. Through this, the State Government can provide for registration of such guards and their welfare. They can also regulate the employment of registered members, and the terms and conditions of such employment, including the rates of wages, hours of work, maternity benefit, overtime payment, leave with wages, provision for gratuity and conditions for paid holidays.
Source: Section 3 of the Maharashtra Mathadi, Hamal and other Manual Workers' (Regulation of Employment and Welfare) Act, 1969; Section 3 of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981
Pension Rights
For all Mathadis, Hamals, Manual workers, and Private Security Guards:
In case of employment of mathadis, hamals, manual workers, and private security guards, the State Government reserves rights to create schemes for any funds such as provident fund for the benefits of registered workers.
Source: Section 3 of the Maharashtra Mathadi, Hamal and other Manual Workers' (Regulation of Employment and Welfare) Act, 1969;
Section 3 of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981
For all employees in Private Schools:
For employees of private schools, superannuation retirement must provide cash benefit of credit leaves for maximum up to 180 days. They are also entitled to pension and pension equivalent to death cum retirement gratuity.
Employees of unaided schools and junior colleges are eligible for pension at the rate sanctioned by the government. Employees on a full-time basis or a part time basis in more than one school run by the same management, should subscribe to the contributory fund rules.
Source: Section 18, 20, Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981
Old Age Pension and Welfare Funds in Karnataka
No State laws and provisions under this topic.
Old Age Pension and Welfare Funds in Uttar Pradesh
These rules are intended to the employees of the State aided educational institutions, three types of service benefits, viz., Contributory Provident Fund, Insurance and Pension (Triple Benefit Scheme)
Source: Section 4, Rules of Contributory Provident Fund-Insurance-Pension Scheme (The Triple Benefit Scheme) for the Employees Serving in State Aided Educational Institutions run by Local Bodies or Private Managements
For Advocates:
For Advocates in the state of UP, a charitable trust should be created in respect of a Fund, to be constituted as hereinafter provided and to be called the Uttar Pradesh Advocates Welfare Fund, namely:-
(a) obtaining from the Life Insurance Corporation of India a policy of group life insurance of Advocates up to the age of 60 years;
(b) the provision of buildings or halls and libraries, canteens and other facilities for District Bar Associations, or the making of contributions to District Bar Associations or the purposes of making such provision ;
(bb) the organization of Advocate Social Security Fund Scheme
(c) the organization of other schemes for the welfare of needy Advocates; and
(d) such other objects as would, in the opinion of the Trustees Committee, improve the working conditions and facilities of Advocates. Any advocate may apply to the Secretary, Trustees Committee in such form as may be prescribed, for admission as a member of the Scheme. Every member of the Scheme should pay in the prescribed manner an annual subscription for every calendar year on or before the thirty-first day of December of that year at the rate of -
(a) fifty rupees, where he has practiced as an advocate for not more than five years;
(b) one hundred rupees, where he-has practiced as an advocate for more than five years but not more than ten years ;
(c) two hundred and fifty rupees, where he has practiced as an advocate for more than ten years.
Source: Section 3, 11, U.P Advocates Welfare Fund Act, 1974
The Act provides for the construction of houses for Industrial workers to reside at subsidized rent rates set by the authorities. Allotted by Labour Commissioners, the act provides for the payment of this rent in cash by every 15th day of the following month.
Employees may also chose to sign contracts empowering employers to deduct from wages, an amount in favor of the rent amount due to the labour commissioner.
Source: U.P Industrial Housing Act, 1955
Pension Rights in Uttar Pradesh
A safety officer of factories is granted a provident fund.
Source: Section 4, U.P. Factories (Safety Officers) Rules, 1984
Old Age Pension and Welfare Funds in Rajasthan
No State laws and provisions under welfare funds.
Pension Rights
For all Employees:
Employees declared "destitute" be granted pension rights. Any person having a claim relating to any such pension or grant may prefer such claim to the Collector of the district or other officer authorised in this behalf by the State Government.
Source: Section 5of the Rajasthan Grant & Payment of Old Age Pension Rules, 1974; Section 4 of the Rajasthan Pensions Act, 1958
Old Age Pension and Welfare Funds in Tamil Nadu
Welfare funds
For all manual workers:
The Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 facilitates the formation of a series of social security and welfare schemes. These schemes are primarily directed towards benefits of the workers and their family members in different ways. In addition, the State has created multiple other welfare funds for select professions and sectors.
Sources: Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982
Pension rights
For all manual workers:
Social security and welfare schemes facilitate pension for members older than 60 years and other members disabled due to sickness or incapacitated from normal work. The quantum amount for the same being Rs. 1000.
Source: Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 and other social security and welfare schemes.
For workers in Handlooms:
Tamil Nadu cooperative handloom weavers, under 58 years of age are entitled to be enrolled in the family pension scheme established.
Source: Tamil Nadu Co-Operative Handloom Weavers family pension scheme, 1991
Old Age Pension and Welfare Funds in Gujarat
Welfare funds
The State Government shall constitute a fund called the Labour Welfare Fund which should consist of all fines realised form employees, all unpaid accumulations and any sum received in any manner from any source.
A Board would be constituted for the state of Gujarat by the state government having equal representation of employees and employers, for administering the find and performing their duties pertaining to membership in the Board.
Source: Section 3, Gujarat Labour Welfare Fund Act, 1953
Pension Rights in Gujarat
To ensure an adequate supply and full and proper utilization of unprotected workers in scheduled employments, the State government may particularly provide a scheme for the constitution of any fund or funds.
This fund would include provident fund for the benefit of registered unprotected workers, the vesting of such funds, the payment and contributions to be made to such funds after taking into consideration the provisions of the Employees' Provident Funds Act, 1952 (XIX of 1952).
The scheme framed would take into account suitable modifications wherever necessary, to suit the conditions of work of such registered unprotected workers.
Source: Section 3, Gujarat Unprotected Manual Workers (Regulation of Employment and Welfare) Act, 1979
Welfare Funds and Pension rights in West Bengal
No State laws and provisions under this topic.
Dependents' / Survivors' Benefit
Dependents/Survivors' Pension is paid to the family in the event of death of a worker who dies while in service after contributing for at least one month into the Employees' Pension Fund; has attained the age of 58 years with 120 months of contributions; and has started receiving pension
In any of the above-mentioned cases, the amount of minimum monthly pension for widow(er) is 450 rupees. The minimum monthly pension for children is 150 rupees (or 25% of the amount admissible to the widow(er), whichever is higher) payable until the child attains the age of 25 years (no limit with a total and permanent disability). In the case of full orphans, pension is equal to 75% of the pension admissible to the widow(er). The minimum monthly pension for a full orphan can't be less than 250 rupees.
Source: §16 of Employees' Pension Scheme 1995
Non-Standard Workers' Rights on Survivors' Benefits - Platform workers
While currently, no law covers platform workers as such, the draft Code on Social Security 2019 has the following provision: "The Central Government may formulate and notify, from time to time, suitable social security schemes for gig workers and platform workers on a matter relating to- (a) life and disability cover; (b) health and maternity benefits; (c) old age protection, and (d) any other benefit as may be determined by the Central Government" The Draft Social Security Code also refers to the role of aggregators.
An aggregator is defined as " a digital intermediary or a marketplace for a buyer or user of a service to connect with the seller or the service provider." Hence, once approved, the central government will also frame rules about the role of ‘aggregators’ in the social security scheme."
Dependents/Survivors Benefits Under State Laws
Dependents/Survivors Benefits in Andhra Pradesh
For Advocates’ Clerks:
In the event of the death of an Advocates' Clerk, who was a member of the welfare fund, a consolidated amount as determined by the Committee should be paid to the nominee or, where there is no nominee to his dependants. Any member of the fund who retired and later opts for re-admission to the fund is not eligible for this benefit.
Source: Section 16, 22(RULES), Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992
For Advocates:
In the event of the death of a member, a consolidated amount as determined by the Welfare Fund Committee should be paid to the nominee or, where there is no nominee, to his dependents.
Section 16, Section 21 (RULES), Andhra Pradesh Advocates' Welfare Fund Act, 1987
Dependents/Survivors Benefits in Maharashtra
For all factory workers:
In case of the death of a worker, who was ineligible for advance payments, the paid leave wages will be paid to the nominee (if not, legal heir) within one month of receipt of intimation of death.
Source: Section 112 of the Maharashtra Factories Rules, 1963
Dependents/Survivors Benefits in Karnataka
For Toddy Workers:
No employer will reduce, whether directly or indirectly, the wages of any employee to whom the Toddy Welfare Scheme applies or the total amount of benefits to which the employee is entitled under the terms of his employment, express or implied.
Source: Section 11 of the Karnataka Toddy Workers' Welfare Fund Act, 1981
For Daily Wage Workers:
A daily wage employee is entitled to terminal benefits or ex-gratia, on their reaching the age of sixty years, as may be determined and notified by the Government from time to time.
Source: Section 4 of Karnataka Daily Wage Employees Welfare Act, 2012
Dependents/Survivors Benefits in Uttar Pradesh
For industrial workmen:
Any wages due to a deceased workman should be paid to his nominee under the labour laws applicable to the industrial establishment.
In the absence of a nomination, wages may be paid to the heir before the expiry of the third working day on which a substantiated claim is presented by his nominee, or heir or on his behalf by a legal representative.
(3) A workman may nominate a person or persons in writing witnessed by two persons for payment of his wages and other dues, not provided for by any other law, for the time being in force, for payment, in case of his death, the nomination will be in Form I.
Source: Section 14, U.P. Industrial Employment Model Standing Orders, 1991
For lawyers:
Lawyers that are members of the Scheme, on ceasing to be such member, be entitled to receive from the Fund -
(a) an amount equal to the aggregate of annual subscriptions paid by him, if he has been a member for a period of less than five years;
(b) an amount calculated at the rate of Rs. 1,000 for every completed year of his membership, if he has been a member for a period of five years or more subject to a maximum of Rs. 50,000.
In the event of death of a member the amount payable should be paid to his nominee, or where there is no nominee, to his legal heirs.
Source: Section 13, U.P Advocates Welfare Fund Act, 1974
For factory workers:
If a factory worker dies while getting leave being employed at a particular factory, the balance of his pay for the unpaid wages due for the period of leave should be paid to his nominee within one month of the receipt of the worker’s death.
Source: Section 107, U.P. Factories Rules, 1950
Dependents/Survivors Benefits in Rajasthan
No State laws and provisions under this topic.
Dependents/Survivors Benefits in Tamil Nadu
For Advocates’ Clerks:
For all advocates’ clerks working in Tamil Nadu courts, in the event of death, a consolidated amount of Rs. 50000 to be paid to the nominee, or dependent. Committee may provide for medical and education facilities, and other benefits, as may be prescribed, for the members of the fund and their dependents.
Source: The Tamil Nadu Advocates' Clerks Welfare Fund Act, 1999
For Advocates:
In case of the death of an advocate member of the welfare fund, an amount of Rs. 5,25,000 to be given to the nominee listed or legal heir of the person. The fund may also look at providing medical, educational and other benefits for the advocates and their family members/ dependents.
Source: The Tamil Nadu Advocates' Welfare Fund Act, 1987
For all manual workers:
Workers covered under the social security and welfare schemes of the State Government are beneficiaries of assistance a) Rs. 2000 to meet funeral expense, b) nearly Rs. 15000 only on natural death of members, c) for sons and daughters’ education, d) for marriage (2000 for men, and 5000 for women), e) assistance for delivery or the miscarriage of pregnancy or the termination of pregnancy by registered female manual worker, and f) Rs. 500 for purchase of spectacles
Source: Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 and other social security and welfare schemes.
For workers in Handlooms:
Handloom workers should be provided benefits of housing, medical, educational and terminal facilities. The State Government reserves the rights to set regulations for the same.
Source: Tamil Nadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act, 1981
For all labors:
Workers under the Tamil Nadu Labor Welfare Fund Act, 1972 are entitled to receive benefits in the following sphere, for themselves and their family members
(a) community and social education centers;
(b) vocational training;
(c) community necessities;
(d) entertainment and other forms of recreation;
(e) convalescent homes for tuberculosis patients;
(f) holiday homes in health resorts;
(g) part-time employment for housewives of employees;
(h) pre-schools;
(i) nutritious food to children of employees;
(j) employment opportunities to the disabled employees [or the widows of the deceased employees];
(k) cost of administering this Act including the salaries and allowances of the staff appointed for the purposes of this Act; and
(l) such other objectives as would, in the opinion of the Board, improve the standard of living [and education] and ameliorate the social conditions of labour.
Source: Tamil Nadu Labour Welfare Fund Act, 1972
Dependents/Survivors Benefit in Gujarat
The life insurance contribution should be paid to such insurer and at such rates as specified in the scheme used by the employer and employee.
Source: Gujarat Shops and Establishments (Employees Life Insurance) Act, 1980
Dependents/Survivors benefit in West Bengal
No State laws and provisions under this topic.
Invalidity Benefit
Invalidity benefit is provided to a worker assessed with a permanent and total disability as the result of an occupational injury and has at least one month of contributions.
Amount of invalidity pension is based upon the member's pensionable earnings. The minimum amount of invalidity pension is at least 250 rupees or a lump sum of total employee and employer contributions plus accrued interest.
Source: §12 of Employees' Pension Scheme 1995
Non-Standard Workers' Rights on Invalidity Benefits - Platform workers
While currently, no law covers platform workers as such, the draft Code on Social Security 2019 has the following provision: "The Central Government may formulate and notify, from time to time, suitable social security schemes for gig workers and platform workers on matter relating to:- (a) life and disability cover; (b) health and maternity benefits; (c) old age protection; and (d) any other benefit as may be determined by the Central Government" The Draft Social Security Code also refers to the role of aggregators.
An aggregator is defined as ""a digital intermediary or a market place for a buyer or user of a service to connect with the seller or the service provider." Hence, once approved, the central government will also frame rules about the role of ‘aggregators’ in the social security scheme."
Invalidity Benefit Under State Laws
Gujarat
West Bengal
Invalidity Benefit in Andhra Pradesh
No State laws and provisions under this topic.
nvalidity Benefit in Maharashtra
No State laws and provisions under this topic.
Invalidity Benefit in Karnataka
No State laws and provisions under this topic.
Invalidity Benefit in Uttar Pradesh
The subsistence allowance should, for the first thirty days, be equal to one half of the basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled if he had been on leave with wages.
If the enquiry gets prolonged and the workman continues to be under suspension for a period exceeding thirty days, the subsistence allowance should, for such period, be equal to three fourths of such basic wages, dearness allowance and other compensatory allowances:
But, if the enquiry is prolonged beyond a period of thirty days for reasons directly attributable to the workman, the subsistence allowance, for the period exceeding thirty days, should continue to be paid at the rate of fifty per cent of the basic wages, dearness allowance and other compensatory allowances.
If, however, the workman, on enquiry is acquitted of the charges, he should be entitled to the same wages, dearness allowance and compensatory allowances as he would have received, had he not been placed under suspension, after deducting the subsistence allowance paid to him for such period.
Suspension should not usually exceed thirty days and the enquiry will be required to be completed during this period.
Source: Section 24,U.P. Industrial Employment Model Standing Orders, 1991
Invalidity Benefit in Rajasthan
No State laws and provisions under this topic.
Invalidity Benefit in Tamil Nadu
For Advocates and Advocates’ Clerks
While in the usual case, advocates and advocates’ clerks can debit from the fund only after 5 years of the members, in case of permanent disability and invalidity, members can debit funds at any point in time.
Source: The Tamil Nadu Advocates' Clerks Welfare Fund Act, 1999
The Tamil Nadu Advocates Welfare Fund Act, 1987
For all manual workers:
Social security and welfare schemes listed above facilitate pension for members older than 6 years and other members disabled due to sickness or incapacitated from normal work. The quantum amount for the same being Rs. 1000.
Source: Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 and other social security and welfare schemes.
Invalidity Benefits in Gujarat
No State laws and provisions under this topic.
Invalidity benefits in West Bengal
No State laws and provisions under this topic.
Pension Rights
Note: Upcoming Labour Legislation in India
In 2020, the Indian Parliament combined 25 labour laws into three codes, i.e., the Social Security Code, the Code on Industrial Relations and the Code on Occupational Safety, Health and Working Conditions. Enacted in 2019, the Code on Wages also amalgamated four relevant labour laws.
The four new Labour Codes were supposed to be effective from 01 April 2021. However, considering the rise in COVID cases and the potential impact of the new Codes on per-employee costs for enterprises, the Government delayed their implementation to a future date. The Central and State Governments have been working on rules under these Codes. The new legal provisions will be effective only once notified.
__________________________________________
Currently Applicable Provisions
Employee's Pension Scheme 1995 provides for both full and reduced/early pension. For full/superannuation pension, a worker must have reached 58 years of age with at least 120 months (10 years) of contribution. A person is entitled to partial pension at the age of 58 years with less than 120 months (10 years) of contribution. Early pension is granted at the age of 50 years with at least 120 months (10 years) of contribution.
The amount of old-age monthly pension is based on a member's pensionable service and earnings, but it may not be less than 1,000 rupees per month. A lump sum of total employer and worker contributions plus accrued interest is paid as a partial pension. The early pension is a reduced form of full pension and full pension is reduced by 3% for each year the retirement is taken before 58 years.
The Labour Ministry has notified 8.65% interest rate on employees provident fund for 2018-19.
Source: §12 of Employee's Pension Scheme 1995
Non-Standard Workers' Rights on Old Age Pensions - Platform workers
The Code on Social Security enacted by the Indian Parliament in 2020 but not fully implemented as of March 2025, is the primary national legislation that explicitly recognises platform workers. It defines:
- Platform work as “a work arrangement outside of a traditional employer employee relationship in which organisations or individuals use an online platform to access other organisations or individuals to solve specific problems or to provide specific services or any such other activities which may be notified by the Central Government, in exchange for payment”;
- Gig worker as “a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship”;
- Platform worker as “a person engaged in or undertaking platform work” considering platform workers as a subset of gig workers, distinguished by their use of digital platforms;
- Aggregator as “a digital intermediary or a market place for a buyer or user of a service to connect with the seller or the service provider”.
Key provisions include:
- Social Security Schemes: The central government is empowered to formulate schemes for gig and platform workers, including life and disability cover, accident insurance, health and maternity benefits, and old-age protection, creche/daycare centres. Aggregators/digital labour platforms are required to contribute 1-2% of their annual turnover to a social security fund. However, this is capped at 5% of the amount paid or payable by an aggregator to gig workers and platform workers.
- Registration: Platform workers must register on the e-Shram portal, launched in 2021, to access these benefits. The registration requires an Aadhaar number and a self-declaration of having worked at least 90 days in the past year.
The Code on Social Security does not classify platform workers as employees, leaving them as independent contractors without traditional labor rights like minimum wages, statutory leaves, regulated working hours, or collective bargaining rights.
The Rajasthan Platform Based Gig Workers (Registration and Welfare) Act, 2023 is India’s first state-level law specifically for platform workers. It mandates:
- Registration of platform workers with a unique ID.
- A welfare board to oversee social security schemes.
- A cess (fee) on platform transactions to fund welfare measures.
- Transparency in algorithmic management and grievance redressal mechanisms. However, it’s yet to be fully enforced as of early 2025."
Old Age Pension and Welfare Funds Under State Laws
Old Age Pension and Welfare Funds in Andhra Pradesh
For Advocates’ Clerks:
In 1992, the State Government constituted a fund to be called the Andhra Pradesh Advocates Clerks Welfare Fund. The purpose of the same has been to carry out various tasks of welfare for the employees. The body that is primarily responsible for the application of the fund is the Advocate's Welfare Fund Committee. Advocates’ Clerks below the age of 45, who are members of recognized Advocates ‘Clerks’ Association can apply for a membership to this fund. The stipulated registration fee is Rs. 50 along with Rs. 500 towards subscription for a lifetime. Rejection of application entails a refund of all fees paid at the time of application. During the time of registration, all members are expected to delineate nominees who will be recipients of dues from the fund; in case of death. No retired person from any service and court should be admitted to the membership of the fund.
The Welfare Fund Committee may, for the Welfare of the members of the Fund: (a) obtain from the Life Insurance Corporation of India, Policies of Group Insurance for the members of the Fund; (b) provide for a policy of Provident Fund for the members of the Fund; (c) provide for medical facilities for the member of the Fund and their spouses; and (d) provide for such other benefits as may be prescribed.
Source: Section 3, 8, 15, 15A, 17, Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992
For Advocates:
Every advocate below the age of 35 years who is practising in any court in the State and is a member of a Bar Association may apply for admission as a member of the Fund. The applicant for membership should pay an amount of rupees 2000 towards the admission fee along with an amount of rupees 1000 towards the subscription for life membership. On such payment, the membership of the Advocate concerned will be, subject to certain provisions, for a lifetime. The applicants are also expected to list their nominee(s) and their share of the right to receive the amount which may be due to him from the Fund in the event of his death. In case of rejection of the application, the applicant is entitled to the entire refund of the amount paid with the application. A person retired either from government or private service on superannuation or on voluntary retirement should not be admitted to the membership of the Fund.
The Welfare Fund Committee may, for the Welfare of the members of the Fund, — (a) obtain from the Life Insurance Corporation of India, policies of Group Insurance for the members of the Fund. (b) Provide for a policy of Provident Fund for the members of the Fund; (c) provide for medical facilities for the members of the Fund and their spouses, and (d) provide for such other benefits as may be prescribed.
Source: Section 15, 15A, Andhra Pradesh Advocates' Welfare Fund Act, 1987
Section 3, 4, 5 (BOOK RULES)
For Industry/ Factory Candidates:
Any Industry/Factory/Joint Venture and project taken up even under PPP mode must appoint/engage not less than 75% of the employment with local candidates. Provided that where qualified/suitable local candidates are not available, the industry/factory with the collaboration of the Government should take steps to train and engage local candidates within 3 years.
Source: Section 3, Andhra Pradesh Employment of Local Candidates in the Industries/Factories Act, 2019
For Employees of Private Aided College for Technical Education:
Employees of Private Aided College or Institution imparting Technical Education are entitled to Grant-in-aid. It should be calculated at the minimum of pay in the time scale allowed to the post held. It should also include government support of the Automatic Advancement Scheme and Career Advancement Scheme extended to such employees. However, these must be limited to the quantum of Grant-in-aid sanctioned to the post.
Every employee of a Private Aided Educational Institution, must, from the date of approval of his appointment in an aided post, be eligible to count the work done after this date, for fixation of pay. This can also help them determine the Automatic Advancement Scheme, Career Advancement Scheme entitlements. Pension made applicable or extended to such employees from time to time.
Source: Section 3, Andhra Pradesh Private Aided Collegiate and Technical Education Employees (Regulation of Pay) Act, 2006
Section 3, Andhra Pradesh Private Aided Educational Institutions Employees (Regulation of Pay) Act, 2005
For Employees at Establishments:
Every employee in an establishment after he has put in at least six months of service under the same employer will also be entitled to a special casual leave of six days only once during the entire service. This is if the employee has undergone vasectomy or tubectomy operation, subject to the production of a certificate therefore from an authorized medical practitioner who performed the medical operation.
Source: Section 30, Andhra Pradesh Shops and Establishments Act, 1988
There is a fund called Andhra Pradesh State Rural Employment Guarantee Fund, established under the Andhra Pradesh State Employment Guarantee Fund (APSEGF) Rules 2008.
Source: Andhra Pradesh State Employment Guarantee Fund (APSEGF) Rules 2008
For Unorganized Workers:
The government provides unorganized workers with registrations and identity cards. Every unorganized worker who has completed 14 years of age, but has not completed 60 years of age, and who has been engaged in any unorganized sector work is eligible for registration as a beneficiary under the Act/Rule. The fee for the registration of workers should be Rs. 30/- and fee for renewal should be Rs. 20/- and fee for any change of nominations and for the issue of duplicate Identity Cards should be Rs. 10/- (excluding Photo of the beneficiary). Provided that an application for registration/renewal should not be rejected without giving the applicant an opportunity of being heard. Every unorganized worker should at the time of making the application for his/her registration with the Department; make a nomination, for the purpose of delivery of benefits in case of death of the worker. The Rules also specify the criteria and the nature of nominees permissible.
No unorganized worker is to be entitled to more than one same or similar benefit under this Act, Rules or the Scheme or any other Act conferring the same or similar benefit. The unorganized worker is entitled to continue as a beneficiary under one Scheme only depending upon his prime occupation. However, he may transfer his membership from one Scheme to the other and the contribution remitted by him along with the employer's matching contribution, if any, should also be transferred to the latter Scheme.
Source: Section 26, Andhra Pradesh Unorganized Workers' Social Security Rules, 2012
Every employee who has served in an establishment for a period of not less than one year should subscribe to the Insurance Scheme or Insurance-cum-saving Scheme, as may be notified by the Government, to be applicable to the establishment. Employers must make the payment to the authority notified by the Government on behalf of the employee on or before the given date. They must recover the same from the wages payable to the employee.
In addition to the subscription of the employee mentioned, every employer of the establishment to which the scheme of insurance or insurance-cum-savings is made applicable by the Government must also pay such a percentage of annual wages of an employee as employer's contribution.
Source: Section 34, Andhra Pradesh Shops and Establishments Act, 1988
Old Age Pension and Welfare Funds in Maharashtra
For all domestic workers:
Any domestic worker between 18 years and 60 years of age can be registered as a beneficiary under the name of the board and funds for granting financial and welfare benefits
Source: Section 11 of the Maharashtra Domestic Workers Welfare Board Act, 2008
For all labourers:
The Maharashtra Labour Welfare Act, 1953, establishes systems for reclaiming unpaid wages and various other benefits for workers registered. Namely, a) community and social education centers including reading rooms and libraries; (b) community necessities; (c) games and sports; (d) excursions, tours and holiday homes; (e) entertainment and other forms of recreations; (f) home industries and subsidiary occupations for women and unemployed persons; (g) corporate activities of a social nature.
Source: Maharashtra Labor Welfare Fund Act, 1953
For all advocates:
Upon cessation of practice, member lawyers are entitled to an amount specified. In case of invalidity this can be claimed before 5 years of expiry form membership. In case of death, it is paid to the legal heir of the family.
Source: Section 17 of the Maharashtra Advocates Welfare Fund Act, 1981
For all Mathadis, Hamals, Manual workers, and Private Security Guards:
In case of employment of mathadis, hamals, manual workers, and private security guards, the State Government reserves rights to create schemes for better terms and conditions for security guards around the state. Through this, the State Government can provide for registration of such guards and their welfare. They can also regulate the employment of registered members, and the terms and conditions of such employment, including the rates of wages, hours of work, maternity benefit, overtime payment, leave with wages, provision for gratuity and conditions for paid holidays.
Source: Section 3 of the Maharashtra Mathadi, Hamal and other Manual Workers' (Regulation of Employment and Welfare) Act, 1969; Section 3 of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981
Pension Rights
For all Mathadis, Hamals, Manual workers, and Private Security Guards:
In case of employment of mathadis, hamals, manual workers, and private security guards, the State Government reserves rights to create schemes for any funds such as provident fund for the benefits of registered workers.
Source: Section 3 of the Maharashtra Mathadi, Hamal and other Manual Workers' (Regulation of Employment and Welfare) Act, 1969;
Section 3 of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981
For all employees in Private Schools:
For employees of private schools, superannuation retirement must provide cash benefit of credit leaves for maximum up to 180 days. They are also entitled to pension and pension equivalent to death cum retirement gratuity.
Employees of unaided schools and junior colleges are eligible for pension at the rate sanctioned by the government. Employees on a full-time basis or a part time basis in more than one school run by the same management, should subscribe to the contributory fund rules.
Source: Section 18, 20, Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981
Old Age Pension and Welfare Funds in Karnataka
No State laws and provisions under this topic.
Old Age Pension and Welfare Funds in Uttar Pradesh
These rules are intended to the employees of the State aided educational institutions, three types of service benefits, viz., Contributory Provident Fund, Insurance and Pension (Triple Benefit Scheme)
Source: Section 4, Rules of Contributory Provident Fund-Insurance-Pension Scheme (The Triple Benefit Scheme) for the Employees Serving in State Aided Educational Institutions run by Local Bodies or Private Managements
For Advocates:
For Advocates in the state of UP, a charitable trust should be created in respect of a Fund, to be constituted as hereinafter provided and to be called the Uttar Pradesh Advocates Welfare Fund, namely:-
(a) obtaining from the Life Insurance Corporation of India a policy of group life insurance of Advocates up to the age of 60 years;
(b) the provision of buildings or halls and libraries, canteens and other facilities for District Bar Associations, or the making of contributions to District Bar Associations or the purposes of making such provision ;
(bb) the organization of Advocate Social Security Fund Scheme
(c) the organization of other schemes for the welfare of needy Advocates; and
(d) such other objects as would, in the opinion of the Trustees Committee, improve the working conditions and facilities of Advocates. Any advocate may apply to the Secretary, Trustees Committee in such form as may be prescribed, for admission as a member of the Scheme. Every member of the Scheme should pay in the prescribed manner an annual subscription for every calendar year on or before the thirty-first day of December of that year at the rate of -
(a) fifty rupees, where he has practiced as an advocate for not more than five years;
(b) one hundred rupees, where he-has practiced as an advocate for more than five years but not more than ten years ;
(c) two hundred and fifty rupees, where he has practiced as an advocate for more than ten years.
Source: Section 3, 11, U.P Advocates Welfare Fund Act, 1974
The Act provides for the construction of houses for Industrial workers to reside at subsidized rent rates set by the authorities. Allotted by Labour Commissioners, the act provides for the payment of this rent in cash by every 15th day of the following month.
Employees may also chose to sign contracts empowering employers to deduct from wages, an amount in favor of the rent amount due to the labour commissioner.
Source: U.P Industrial Housing Act, 1955
Pension Rights in Uttar Pradesh
A safety officer of factories is granted a provident fund.
Source: Section 4, U.P. Factories (Safety Officers) Rules, 1984
Old Age Pension and Welfare Funds in Rajasthan
No State laws and provisions under welfare funds.
Pension Rights
For all Employees:
Employees declared "destitute" be granted pension rights. Any person having a claim relating to any such pension or grant may prefer such claim to the Collector of the district or other officer authorised in this behalf by the State Government.
Source: Section 5of the Rajasthan Grant & Payment of Old Age Pension Rules, 1974; Section 4 of the Rajasthan Pensions Act, 1958
Old Age Pension and Welfare Funds in Tamil Nadu
Welfare funds
For all manual workers:
The Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 facilitates the formation of a series of social security and welfare schemes. These schemes are primarily directed towards benefits of the workers and their family members in different ways. In addition, the State has created multiple other welfare funds for select professions and sectors.
Sources: Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982
Pension rights
For all manual workers:
Social security and welfare schemes facilitate pension for members older than 60 years and other members disabled due to sickness or incapacitated from normal work. The quantum amount for the same being Rs. 1000.
Source: Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 and other social security and welfare schemes.
For workers in Handlooms:
Tamil Nadu cooperative handloom weavers, under 58 years of age are entitled to be enrolled in the family pension scheme established.
Source: Tamil Nadu Co-Operative Handloom Weavers family pension scheme, 1991
Old Age Pension and Welfare Funds in Gujarat
Welfare funds
The State Government shall constitute a fund called the Labour Welfare Fund which should consist of all fines realised form employees, all unpaid accumulations and any sum received in any manner from any source.
A Board would be constituted for the state of Gujarat by the state government having equal representation of employees and employers, for administering the find and performing their duties pertaining to membership in the Board.
Source: Section 3, Gujarat Labour Welfare Fund Act, 1953
Pension Rights in Gujarat
To ensure an adequate supply and full and proper utilization of unprotected workers in scheduled employments, the State government may particularly provide a scheme for the constitution of any fund or funds.
This fund would include provident fund for the benefit of registered unprotected workers, the vesting of such funds, the payment and contributions to be made to such funds after taking into consideration the provisions of the Employees' Provident Funds Act, 1952 (XIX of 1952).
The scheme framed would take into account suitable modifications wherever necessary, to suit the conditions of work of such registered unprotected workers.
Source: Section 3, Gujarat Unprotected Manual Workers (Regulation of Employment and Welfare) Act, 1979
Welfare Funds and Pension rights in West Bengal
No State laws and provisions under this topic.
Dependents' / Survivors' Benefit
Dependents/Survivors' Pension is paid to the family in the event of death of a worker who dies while in service after contributing for at least one month into the Employees' Pension Fund; has attained the age of 58 years with 120 months of contributions; and has started receiving pension
In any of the above-mentioned cases, the amount of minimum monthly pension for widow(er) is 450 rupees. The minimum monthly pension for children is 150 rupees (or 25% of the amount admissible to the widow(er), whichever is higher) payable until the child attains the age of 25 years (no limit with a total and permanent disability). In the case of full orphans, pension is equal to 75% of the pension admissible to the widow(er). The minimum monthly pension for a full orphan can't be less than 250 rupees.
Source: §16 of Employees' Pension Scheme 1995
Non-Standard Workers' Rights on Survivors' Benefits - Platform workers
While currently, no law covers platform workers as such, the draft Code on Social Security 2019 has the following provision: "The Central Government may formulate and notify, from time to time, suitable social security schemes for gig workers and platform workers on a matter relating to- (a) life and disability cover; (b) health and maternity benefits; (c) old age protection, and (d) any other benefit as may be determined by the Central Government" The Draft Social Security Code also refers to the role of aggregators.
An aggregator is defined as " a digital intermediary or a marketplace for a buyer or user of a service to connect with the seller or the service provider." Hence, once approved, the central government will also frame rules about the role of ‘aggregators’ in the social security scheme."
Dependents/Survivors Benefits Under State Laws
Dependents/Survivors Benefits in Andhra Pradesh
For Advocates’ Clerks:
In the event of the death of an Advocates' Clerk, who was a member of the welfare fund, a consolidated amount as determined by the Committee should be paid to the nominee or, where there is no nominee to his dependants. Any member of the fund who retired and later opts for re-admission to the fund is not eligible for this benefit.
Source: Section 16, 22(RULES), Andhra Pradesh Advocates' Clerks' Welfare Fund Act, 1992
For Advocates:
In the event of the death of a member, a consolidated amount as determined by the Welfare Fund Committee should be paid to the nominee or, where there is no nominee, to his dependents.
Section 16, Section 21 (RULES), Andhra Pradesh Advocates' Welfare Fund Act, 1987
Dependents/Survivors Benefits in Maharashtra
For all factory workers:
In case of the death of a worker, who was ineligible for advance payments, the paid leave wages will be paid to the nominee (if not, legal heir) within one month of receipt of intimation of death.
Source: Section 112 of the Maharashtra Factories Rules, 1963
Dependents/Survivors Benefits in Karnataka
For Toddy Workers:
No employer will reduce, whether directly or indirectly, the wages of any employee to whom the Toddy Welfare Scheme applies or the total amount of benefits to which the employee is entitled under the terms of his employment, express or implied.
Source: Section 11 of the Karnataka Toddy Workers' Welfare Fund Act, 1981
For Daily Wage Workers:
A daily wage employee is entitled to terminal benefits or ex-gratia, on their reaching the age of sixty years, as may be determined and notified by the Government from time to time.
Source: Section 4 of Karnataka Daily Wage Employees Welfare Act, 2012
Dependents/Survivors Benefits in Uttar Pradesh
For industrial workmen:
Any wages due to a deceased workman should be paid to his nominee under the labour laws applicable to the industrial establishment.
In the absence of a nomination, wages may be paid to the heir before the expiry of the third working day on which a substantiated claim is presented by his nominee, or heir or on his behalf by a legal representative.
(3) A workman may nominate a person or persons in writing witnessed by two persons for payment of his wages and other dues, not provided for by any other law, for the time being in force, for payment, in case of his death, the nomination will be in Form I.
Source: Section 14, U.P. Industrial Employment Model Standing Orders, 1991
For lawyers:
Lawyers that are members of the Scheme, on ceasing to be such member, be entitled to receive from the Fund -
(a) an amount equal to the aggregate of annual subscriptions paid by him, if he has been a member for a period of less than five years;
(b) an amount calculated at the rate of Rs. 1,000 for every completed year of his membership, if he has been a member for a period of five years or more subject to a maximum of Rs. 50,000.
In the event of death of a member the amount payable should be paid to his nominee, or where there is no nominee, to his legal heirs.
Source: Section 13, U.P Advocates Welfare Fund Act, 1974
For factory workers:
If a factory worker dies while getting leave being employed at a particular factory, the balance of his pay for the unpaid wages due for the period of leave should be paid to his nominee within one month of the receipt of the worker’s death.
Source: Section 107, U.P. Factories Rules, 1950
Dependents/Survivors Benefits in Rajasthan
No State laws and provisions under this topic.
Dependents/Survivors Benefits in Tamil Nadu
For Advocates’ Clerks:
For all advocates’ clerks working in Tamil Nadu courts, in the event of death, a consolidated amount of Rs. 50000 to be paid to the nominee, or dependent. Committee may provide for medical and education facilities, and other benefits, as may be prescribed, for the members of the fund and their dependents.
Source: The Tamil Nadu Advocates' Clerks Welfare Fund Act, 1999
For Advocates:
In case of the death of an advocate member of the welfare fund, an amount of Rs. 5,25,000 to be given to the nominee listed or legal heir of the person. The fund may also look at providing medical, educational and other benefits for the advocates and their family members/ dependents.
Source: The Tamil Nadu Advocates' Welfare Fund Act, 1987
For all manual workers:
Workers covered under the social security and welfare schemes of the State Government are beneficiaries of assistance a) Rs. 2000 to meet funeral expense, b) nearly Rs. 15000 only on natural death of members, c) for sons and daughters’ education, d) for marriage (2000 for men, and 5000 for women), e) assistance for delivery or the miscarriage of pregnancy or the termination of pregnancy by registered female manual worker, and f) Rs. 500 for purchase of spectacles
Source: Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 and other social security and welfare schemes.
For workers in Handlooms:
Handloom workers should be provided benefits of housing, medical, educational and terminal facilities. The State Government reserves the rights to set regulations for the same.
Source: Tamil Nadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act, 1981
For all labors:
Workers under the Tamil Nadu Labor Welfare Fund Act, 1972 are entitled to receive benefits in the following sphere, for themselves and their family members
(a) community and social education centers;
(b) vocational training;
(c) community necessities;
(d) entertainment and other forms of recreation;
(e) convalescent homes for tuberculosis patients;
(f) holiday homes in health resorts;
(g) part-time employment for housewives of employees;
(h) pre-schools;
(i) nutritious food to children of employees;
(j) employment opportunities to the disabled employees [or the widows of the deceased employees];
(k) cost of administering this Act including the salaries and allowances of the staff appointed for the purposes of this Act; and
(l) such other objectives as would, in the opinion of the Board, improve the standard of living [and education] and ameliorate the social conditions of labour.
Source: Tamil Nadu Labour Welfare Fund Act, 1972
Dependents/Survivors Benefit in Gujarat
The life insurance contribution should be paid to such insurer and at such rates as specified in the scheme used by the employer and employee.
Source: Gujarat Shops and Establishments (Employees Life Insurance) Act, 1980
Dependents/Survivors benefit in West Bengal
No State laws and provisions under this topic.
Invalidity Benefit
Invalidity benefit is provided to a worker assessed with a permanent and total disability as the result of an occupational injury and has at least one month of contributions.
Amount of invalidity pension is based upon the member's pensionable earnings. The minimum amount of invalidity pension is at least 250 rupees or a lump sum of total employee and employer contributions plus accrued interest.
Source: §12 of Employees' Pension Scheme 1995
Non-Standard Workers' Rights on Invalidity Benefits - Platform workers
While currently, no law covers platform workers as such, the draft Code on Social Security 2019 has the following provision: "The Central Government may formulate and notify, from time to time, suitable social security schemes for gig workers and platform workers on matter relating to:- (a) life and disability cover; (b) health and maternity benefits; (c) old age protection; and (d) any other benefit as may be determined by the Central Government" The Draft Social Security Code also refers to the role of aggregators.
An aggregator is defined as ""a digital intermediary or a market place for a buyer or user of a service to connect with the seller or the service provider." Hence, once approved, the central government will also frame rules about the role of ‘aggregators’ in the social security scheme."
Invalidity Benefit Under State Laws
Gujarat
West Bengal
Invalidity Benefit in Andhra Pradesh
No State laws and provisions under this topic.
nvalidity Benefit in Maharashtra
No State laws and provisions under this topic.
Invalidity Benefit in Karnataka
No State laws and provisions under this topic.
Invalidity Benefit in Uttar Pradesh
The subsistence allowance should, for the first thirty days, be equal to one half of the basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled if he had been on leave with wages.
If the enquiry gets prolonged and the workman continues to be under suspension for a period exceeding thirty days, the subsistence allowance should, for such period, be equal to three fourths of such basic wages, dearness allowance and other compensatory allowances:
But, if the enquiry is prolonged beyond a period of thirty days for reasons directly attributable to the workman, the subsistence allowance, for the period exceeding thirty days, should continue to be paid at the rate of fifty per cent of the basic wages, dearness allowance and other compensatory allowances.
If, however, the workman, on enquiry is acquitted of the charges, he should be entitled to the same wages, dearness allowance and compensatory allowances as he would have received, had he not been placed under suspension, after deducting the subsistence allowance paid to him for such period.
Suspension should not usually exceed thirty days and the enquiry will be required to be completed during this period.
Source: Section 24,U.P. Industrial Employment Model Standing Orders, 1991
Invalidity Benefit in Rajasthan
No State laws and provisions under this topic.
Invalidity Benefit in Tamil Nadu
For Advocates and Advocates’ Clerks
While in the usual case, advocates and advocates’ clerks can debit from the fund only after 5 years of the members, in case of permanent disability and invalidity, members can debit funds at any point in time.
Source: The Tamil Nadu Advocates' Clerks Welfare Fund Act, 1999
The Tamil Nadu Advocates Welfare Fund Act, 1987
For all manual workers:
Social security and welfare schemes listed above facilitate pension for members older than 6 years and other members disabled due to sickness or incapacitated from normal work. The quantum amount for the same being Rs. 1000.
Source: Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 and other social security and welfare schemes.
Invalidity Benefits in Gujarat
No State laws and provisions under this topic.
Invalidity benefits in West Bengal
No State laws and provisions under this topic.
