Notification Record & Forms
Notification details and the forms every employer needs, in one place.
- Issuing authority
- Department of Labour, Employment & Overseas Placement, Government of Himachal Pradesh
- Notified
- 22 May 2026, vide Notification No. LEP-A003/12/2026
- Objection window
- 45 days from the date of publication in the Rajpatra (e-Gazette), Himachal Pradesh; objections could be emailed to the Labour Commissioner, HP at lep-hp@nic.in
- Legal basis
- Sections 154, 156 and 158 of the Code on Social Security, 2020 (Act No. 36 of 2020), read with Section 23 of the Himachal Pradesh General Clauses Act, 1968
- Supersedes
- HP Maternity Benefit Rules 1973; Payment of Gratuity (HP) Rules 1972; HP Unorganised Workers' Social Security Rules 2015; HP Building and Other Construction Workers (RE&CS) Rules 2008
- Status as of
- Still a draft. It becomes law only from the date of final publication in the HP e-Gazette, and no such final notification has been traced yet.
The Code on Social Security, 2020 is one of the four central labour codes that consolidates gratuity, maternity benefit, employee's compensation, provident fund and welfare schemes for unorganised and construction workers. Himachal Pradesh has now published its draft rules to implement the Code locally, covering the functioning of state social security boards, gratuity and maternity benefit claims, construction cess collection, and employer record-keeping obligations.
Forms under the State Rules
Due Dates
Compliance deadlines, forms and how often each one recurs.
| Compliance | Form | Compliance Frequency | Due Date |
|---|---|---|---|
| Acknowledge and return a verified nomination to the employee | Form-IV | Event-based | Within 30 days of receiving the nomination |
| Issue notice accepting or rejecting a gratuity claim | Form-VI | Event-based | Within 15 days of receiving the application |
| Pay gratuity once notice is issued | Form-VI | Event-based | Not later than the 30th day from receipt of the application |
| File an application for direction in a gratuity dispute | Form-VII | Event-based | Within 180 days of the dispute arising |
| Appeal against the competent authority's gratuity order | Event-based | Within 60 days of receiving the order | |
| Pay cess on completed building/construction work | - | Event-based; yearly for projects over 1 year | Within 30 days of completing the work or of the cess assessment |
| Furnish cess information to the Assessing Officer | Form XVIII-D | Event-based | Within 30 days of starting work or paying cess |
| Report any change in cess information already furnished | Form XVIII-D | Event-based | Within 30 days of the change |
| Issue a wage slip to employees | Form XVIII-A | Every wage period | At least 24 hours before payment of wages |
| File the Unified Annual Return | Form XIX | Annual | On or before 28th/29th February each year |
| File a return on sale, abandonment or closure of the establishment | Form XIX | Event-based | Within 1 month of sale/abandonment, or 4 months of discontinuance |
| Report a job vacancy to the Regional Career Centre | Form XXI | Event-based | At least 30 days before the last date for receiving applications |
| Report a job vacancy to the Central Career Centre | Form XXI | Event-based | At least 40 days before the last date for receiving applications |
| File the Employment Information Return (EIR) | Form XXII | Annual | Within 30 days of 31 March |
| Preserve registers and records | - | Ongoing | 5 years from the date of the last entry |
Key Provisions
What changed under the Code, and what it means for payroll.
Old Law vs. New Law
What employers followed before, against what applies now โ point matched against point.
| On this point | Before โ earlier law | Now โ the new Code |
|---|---|---|
| Governing law | Four separate laws - HP Maternity Benefit Rules 1973, Payment of Gratuity (HP) Rules 1972, HP Unorganised Workers' SS Rules 2015, and HP BOCW (RE&CS) Rules 2008 | One unified rulebook - the Code on Social Security (Himachal Pradesh) Rules, 2026 - covering all these areas together |
| Gratuity process | Governed separately under the 1972 Gratuity Rules | A unified Form IV to Form X-A process under Chapter IV, with clear notice and appeal timelines |
| Maternity benefit complaints | Handled directly under the Maternity Benefit Act's own machinery | Handled by an Inspector-cum-Facilitator, with a fixed 120-day disposal and a 90-day appeal timeline |
| Unorganised worker registration | Registered only under the state's 2015 Rules, with limited central linkage | Registration happens on a common electronic portal, overseen by the state Board |
| Construction workers' welfare | Governed by the BOCW Act, 1996 and HP Rules, 2008 | Continues under the same Board, now regulated through Chapter VII, with a revised cess assessment and appeal procedure |
| Filing and records | Largely paper-based, with separate registers under different laws | Common electronic registers, a single Unified Annual Return (Form XIX), and digital nomination and registration options |
| Dispute resolution | Different authorities and appeal routes under each old law | One common structure of Competent Authority and Appellate Authority (Deputy Labour Commissioner or above) across gratuity, maternity benefit and compensation matters |
Applicability
Who the Code covers, and who gets special or exempt treatment.
Covered
- All establishments in Himachal Pradesh to which the Code on Social Security, 2020 applies, including factories, shops, commercial establishments and construction sites
- Employers of building and other construction workers, who are liable to pay cess under Chapter VII
- Unorganised sector workers who register on the common electronic portal
- Private-sector establishments with about 20 or more employees, for vacancy-reporting duties under Chapter XIII
- Women employees, for maternity benefit and related protections
- Employees completing 5 or more years of continuous service - or fixed-term employees, on a pro-rata basis - for gratuity
- Employees who suffer injury or death arising out of and in the course of employment, for compensation
Exempted / special treatment
- Establishments granted exemption under Section 143 of the Code, subject to the conditions in Rule 36 (such as running an alternative provident fund, pension or insurance scheme)
- Private establishments below the employee threshold notified by the State Government
Frequently Asked Questions
Answers to what employers ask us most about this rule.
What is the Code on Social Security (Himachal Pradesh) Rules, 2026?
It is a draft set of state-level rules that implement the central Code on Social Security, 2020 in Himachal Pradesh. It covers gratuity, maternity benefit, employee's compensation, the ESI court, and welfare boards for unorganised and construction workers.
Are these rules already in force?
No. As of 21 July 2026, they are still a draft. They will apply only from the date they are finally published in the Rajpatra (e-Gazette), Himachal Pradesh.
Which older laws do these rules replace?
Once finalised, they will repeal the HP Maternity Benefit Rules 1973, the Payment of Gratuity (HP) Rules 1972, the HP Unorganised Workers' Social Security Rules 2015, and the HP Building and Other Construction Workers (RE&CS) Rules 2008.
How could objections to the draft be submitted?
By emailing the Labour Commissioner, Himachal Pradesh at lep-hp@nic.in, within 45 days of the draft being published in the e-Gazette.
Who runs the Himachal Pradesh Unorganised Workers' Social Security Board?
The State Labour Minister is its ex-officio Chairperson, with the Principal Secretary (Labour) as Vice-Chairperson, supported by nominated members and a Member-Secretary of at least Joint Labour Commissioner rank.
What is the quorum for a meeting of the Unorganised Workers' Social Security Board?
At least 10 members must be present. If fewer attend, the Chairperson may adjourn the meeting and later transact business regardless of the number present.
How is gratuity nomination done under the new rules?
An employee files Form-IV with the employer, who must verify and return a certified copy within 30 days. Existing employees generally get 90 days, and those completing a year of service get 30 days, to file it.
What is the time limit to apply for gratuity?
Ordinarily within 30 days from the date gratuity becomes payable, using Form-V. Late applications are still accepted if there is a sufficient reason for the delay.
What happens if an employer does not respond to a gratuity claim?
The employee, nominee or legal heir can apply to the competent authority in Form-VII, within 180 days, asking for a direction to pay.
What cess do building and construction employers have to pay, and by when?
Cess under Section 100 of the Code must be paid within 30 days of completing the work, or within 30 days of the cess assessment being finalised - whichever is earlier. For projects lasting more than a year, it is paid yearly.
Sources
Where every fact on this page comes from.
- โ Notification No. LEP-A003/12/2026, dated 22 May 2026, Department of Labour, Employment & Overseas Placement, Government of Himachal Pradesh, published in the Rajpatra (e-Gazette), Himachal Pradesh
- โ The Code on Social Security, 2020 (Act No. 36 of 2020), Ministry of Labour & Employment, Government of India
For informational purposes only โ not legal advice. State rules referenced here are subject to change on final notification. Verify current status with our compliance team before acting.