Section 85: Maintenance of Digital Employment Records

Overview

Section 85 of the Code on Social Security, 2020 doesn’t directly deal with a specific social security benefit like Provident Fund or ESI. Instead, it establishes a foundational system for *all* social security schemes. It mandates the creation and maintenance of a comprehensive, digital database of employment information. This database is crucial for effective policy-making, identifying skill gaps in the workforce, tracking migrant workers, and ensuring the smooth implementation of various social security benefits and schemes under the Code. Think of it as the backbone for making social security programs work efficiently.

Who is Covered?

• Employers: All employers, regardless of the size or sector, are covered by this section.
• Employment Exchanges: Government-run employment exchanges are also required to maintain digital records.
• Job Seekers: Individuals seeking employment are indirectly covered as their data will be part of the digital records.
• No specific eligibility conditions related to length of service or wage limits apply to *being included* in the records. The requirement is for employers and exchanges to record information about all relevant individuals.

Benefits and Contributions

• Benefits: The primary benefit isn’t directly to the employee, but to the system as a whole. Accurate data leads to better-targeted social security schemes, improved employment opportunities, and more effective labour market policies. This ultimately benefits employees by ensuring they receive the support they are entitled to.
• Contributions: There are no direct financial contributions required under Section 85. The ‘contribution’ is the responsibility of employers and employment exchanges to maintain accurate digital records.
• Government Role: The government will likely play a role in establishing standards for data collection, storage, and security, and potentially in creating a centralized platform for accessing this information.

Procedure and Compliance

While the Code doesn’t specify the exact technical details of how these records must be maintained (allowing for flexibility and technological advancements), the following steps are generally required:

1. Digital Record Keeping: Employers and employment exchanges must maintain records in a digital format.
2. Data Accuracy: Records must be accurate and up-to-date. This includes information on job seekers, employment status (employed, unemployed, self-employed), placements, terminations, and other relevant labour market indicators.
3. Data Security: Employers and exchanges must ensure the security and privacy of the data collected.
4. Reporting (Potential): While not explicitly stated in Section 85, it’s likely that employers and exchanges will be required to periodically report data to a designated government authority.

Practical Examples

• Example 1: Skill Gap Identification – A large number of digital records show a shortage of skilled workers in the renewable energy sector. The government uses this data to launch targeted skill development programs, benefiting job seekers and the industry.
• Example 2: Non-Compliance – An employer fails to maintain accurate digital records of their employees, including termination dates. When a terminated employee applies for unemployment benefits, the process is delayed due to the lack of verifiable information. The employer may face penalties for non-compliance.

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.