Section 44: Record-Keeping, Governance and Grievance Redressal

Overview

Section 44 of the Code on Social Security, 2020, doesn’t deal with a *specific* benefit like Provident Fund or ESI. Instead, it lays down the framework for how schemes designed to provide social security to unorganised workers, gig workers, and platform workers will be *governed* and made accountable. This includes how data is maintained, how complaints are handled, and how the overall effectiveness of these schemes is monitored. It ensures transparency and builds trust in the system.

Who is Covered?

• This section applies to all schemes formulated under the Code on Social Security for:
• Unorganised Workers: Workers in the informal economy, not covered by traditional social security benefits.
• Gig Workers: Workers who perform short-term tasks or freelance work, often through digital platforms.
• Platform Workers: Workers who are engaged through online platforms to provide services.
• There are no specific eligibility conditions *within Section 44 itself*. Eligibility for the *schemes* covered by this section will be defined within the rules of each individual scheme (e.g., age, income, type of work).

Benefits and Contributions

Section 44 doesn’t define benefits or contributions. It focuses on the *administration* of schemes that *provide* those benefits. The benefits themselves (e.g., health insurance, life cover, disability benefits, maternity benefits) and the contribution structures (who pays what – worker, platform, government) will be detailed in the specific rules for each scheme.

Procedure and Compliance

Section 44 mandates the following procedures to ensure effective implementation:

• Record-Keeping: Accurate and up-to-date records of all beneficiaries must be maintained, including work history.
• Aggregator Contributions: If a scheme requires contributions from aggregators (the platforms connecting workers to work), the section ensures these contributions are tracked.
• Grievance Redressal: Dedicated helplines and mechanisms must be established to address worker complaints quickly and efficiently.
• Transparency: Scheme performance and relevant data must be publicly disclosed.
• Audits & Monitoring: Regular audits and monitoring committees will assess the effectiveness of the schemes.

Compliance is ensured through reporting requirements and the potential for government oversight and corrective action if issues are identified.

Practical Examples

• Example 1: A gig worker registers for a government-sponsored health insurance scheme. Section 44 ensures the platform through which the worker finds jobs accurately reports the worker’s earnings to the scheme administrator, allowing for correct premium calculation and benefit eligibility.
• Example 2: A platform worker files a complaint about unfair deductions from their earnings. Section 44 mandates the establishment of a grievance redressal mechanism, requiring the platform to investigate and resolve the issue within a specified timeframe.

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.