The Government of Assam‘s Commissionerate of Labour has issued a notice regarding the Draft Social Security Rules, 2026, which are framed under the central Code on Social Security, 2020. This move signifies a crucial step towards modernising the state’s labour ecosystem and extending social security benefits to a wider array of workers, including those in the unorganised, gig, and platform sectors. The draft rules, published in the Assam Gazette (Extraordinary) on August 25, 2026, are currently open for public feedback, with a 45-day window for objections and suggestions ending around October 9, 2026.
This comprehensive set of rules, covering thirteen chapters, forty-three rules, and thirty forms, aims to streamline and consolidate existing social security provisions in Assam. It seeks to replace four older state-specific rules concerning gratuity, maternity benefits, construction workers, and unorganised workers, aligning them with the broader framework of the central Code. The initiative is expected to significantly impact a large segment of the workforce by formalising benefits and simplifying compliance for employers.
What was announced
The Commissionerate of Labour, Government of Assam, formally released the Draft Social Security Rules, 2026, through Notification No. E-246420/580 on August 24, 2026. This notification was subsequently published in the Assam Gazette (Extraordinary) No. 472 on August 25, 2026. The draft rules are formulated under Sections 154 and 156 of the Code on Social Security, 2020, and supersede earlier draft rules published in 2021. The notice invites objections and suggestions from stakeholders, which can be submitted to [email protected] within 45 days of the notification’s issuance.
Why it matters
The implementation of the Draft Social Security Rules, 2026, holds significant implications for both workers and employers across Assam. The rules aim to provide a unified administrative framework for social security benefits, extending coverage to a broader spectrum of the workforce, including unorganised workers, gig workers, and platform workers, who were often excluded from traditional social security schemes. This expansion is particularly crucial given that the unorganised sector constitutes approximately 93 percent of India’s total workforce.
For construction workers, the draft rules propose welfare measures such as group insurance, educational assistance for their children (cash awards of Rs 3,500 to Rs 5,000 and education help of up to Rs 20,000), medical assistance for major ailments, and health coverage under schemes like PM-JAY, subject to the availability of cess funds. Fixed-term employees will now qualify for gratuity after completing just one year of service, a notable departure from the previous requirement of five years. Employers will also be required to respond to gratuity claims within 15 days, and maternity complaints must be decided within 60 days, with appeals processed within 90 days. The rules also mandate that every registered unorganised worker must be on the eShram portal with a Universal Account Number (UAN).
Background
The Draft Social Security Rules, 2026, in Assam are a direct consequence of the central government’s ambitious labour law reforms, specifically the Code on Social Security, 2020. This Code, passed by the Parliament on September 22, 2020, and assented to by the President on September 28, 2020, aimed to amend and consolidate nine central labour enactments related to social security into a single, comprehensive framework. The central Code came into effect on November 21, 2025.
Prior to this, India’s social security landscape was governed by multiple, often fragmented, laws, leading to complexities in compliance and limited coverage for a significant portion of the workforce, particularly those in the unorganised sector. The Unorganised Workers’ Social Security Act, 2008, was an earlier attempt to provide a statutory framework for informal labour, but it faced challenges in implementation and funding. The new Code on Social Security, 2020, for the first time, formally recognises gig workers and platform workers, defining them and outlining provisions for their social security. It also empowers both central and state governments to formulate specific welfare schemes for these categories of workers.
Assam, like other states, is now in the process of drafting its own rules under the central Code to operationalise these provisions at the state level. This process involves replacing existing state-specific rules with a unified framework, as highlighted by the current draft.
Key details
The Draft Assam Social Security Rules, 2026, encompass a broad range of provisions designed to enhance social security coverage and streamline administration. The rules are structured into 13 chapters, contain 43 specific rules, and include 30 prescribed forms for various applications and compliance procedures.
Key provisions include:
- Gratuity: Fixed-term employees will be eligible for pro-rata gratuity after completing one year of service. Employers must address gratuity claims within 15 days.
- Maternity Benefits: Complaints related to maternity benefits must be resolved within 60 days, with a 90-day window for appeals.
- Unorganised Workers: The rules mandate the registration of every unorganised worker on the eShram portal, requiring a Universal Account Number (UAN). The framework also provides for the constitution and functioning of the Assam Unorganised Workers’ Social Security Board, which will monitor registration, review welfare schemes, and recommend new initiatives. District-level facilitation centres are envisioned to assist these workers with online registration, applications, and grievance redressal.
- Construction Workers: Welfare measures for construction workers include group insurance, educational assistance for children (cash awards between Rs 3,500 and Rs 5,000, and education help up to Rs 20,000), and medical assistance for major ailments, including coverage under schemes like PM-JAY, contingent on cess funds.
- Record Maintenance: The rules prescribe procedures for accident reporting and the maintenance of employee registers, including provisions for electronic record-keeping of employment, wage, EPF/EPS, ESIC, nominee, and bank particulars.
- Vacancy Reporting: The framework also includes mechanisms for reporting vacancies to Career Centres and implementing employment-information provisions.
What’s next
The Draft Social Security Rules, 2026, are currently in a feedback phase. The 45-day period for submitting objections and suggestions concludes around October 9, 2026. Following this period, the Commissionerate of Labour will review the feedback received. The rules will come into force on the date the final version is officially published in the Assam Gazette. Until the final state rules are notified, existing rules and schemes under the older Acts continue to operate. Employers and workers in Assam are advised to monitor official notifications from the Labour Welfare Department for the final implementation date and any subsequent guidelines.