Section 43: Digital Platforms, e-Shram and Benefit Delivery

Overview

Section 43 of the Code on Social Security, 2020, doesn’t deal with a specific benefit like Provident Fund or ESI directly. Instead, it establishes the *framework* for how social security benefits – including those under various existing schemes – are delivered to unorganised workers, gig workers, and platform workers. It leverages digital technology, particularly the e-Shram portal, to streamline processes, improve transparency, and ensure portability of benefits. This section aims to create a unified and efficient welfare ecosystem for the informal sector.

Who is Covered?

• This section applies to all unorganised workers, gig workers, and platform workers registered on the e-Shram portal or other designated digital platforms.
• Eligibility for specific benefits delivered *through* this framework will depend on the individual schemes (e.g., eligibility criteria for a particular pension scheme or health insurance plan). The Code itself doesn’t define new eligibility criteria, but rather facilitates the delivery of benefits to those already eligible under existing or future schemes.

Benefits and Contributions

• The benefit to the worker is efficient and transparent access to social security schemes they are eligible for. This includes benefits like health insurance, life and disability cover, accident insurance, old age protection, and maternity benefits.
• Contribution responsibilities remain as defined by the specific schemes. Section 43 doesn’t alter existing contribution structures for schemes like Provident Fund or ESI. The government may contribute towards certain schemes to extend coverage to unorganised sector workers.

Procedure and Compliance

The procedure revolves around the e-Shram portal and integration with other databases:

1. Registration: Unorganised workers, gig workers, and platform workers register on the e-Shram portal (or other designated platforms) providing their Aadhaar number for authentication.
2. Data Updates: Real-time updates of worker data are crucial. Platforms are responsible for updating information related to workers engaged through them.
3. Benefit Application: Workers can apply for eligible benefits through the e-Shram portal.
4. Verification & Approval: Applications are verified using Aadhaar-enabled authentication and data integration with State and Central welfare databases.
5. Benefit Delivery: Benefits are disbursed directly to the worker’s bank account linked with their Aadhaar.
6. Portability: The system ensures portability of benefits, meaning a migrant worker can access their benefits regardless of their location within India.

Practical Examples

• Example 1: Migrant Worker Accessing Benefits A construction worker migrates from Uttar Pradesh to Maharashtra. Because their e-Shram registration is linked to their Aadhaar, they can seamlessly access benefits like health insurance and accident insurance in Maharashtra without needing to re-register or submit new documentation.
• Example 2: Platform Worker Non-Compliance A ride-sharing platform fails to regularly update the working hours and earnings data of its drivers on the e-Shram portal. This non-compliance could lead to penalties and hinder drivers from accessing benefits they are entitled to based on their actual earnings.

Disclaimer

This article is for basic understanding of social security law and should not be treated as legal advice. For specific legal guidance, please consult with a qualified legal professional.