Key Changes to Wage Compliance
Table of Contents
With effect from 21 November 2025, the Government of India has operationalised the four Labour Codes, replacing 29 legacy labour laws.
Key Legal Changes with Respect to Wages
1. Wage Definition & Salary Structuring (Code on Wages, 2019)
Statutory Change (Section 2(y))
Under the new legislation, wages are now defined strictly as:
- Basic Pay + Dearness Allowance + Retaining Allowance.
The 50% Rule:
Allowances cannot exceed 50% of the Cost to Company (CTC). Consequently, basic pay must be aligned such that it constitutes at least 50% of the CTC. The following items are excluded from this 50% cap:
- Housing Rent Allowance (HRA)
- Overtime payments
- Travelling allowance
- Statutory bonus
Compliance Impact:
If current wages fall below 50% of the CTC, automatic reclassification is required. This realignment will increase liabilities in the following areas:
- Provident Fund (PF) contributions
- Gratuity payments
- Bonus liability
Compliance Impact: If Wages < 50% of CTC → automatic reclassification
Previously, many companies structured salaries where allowances constituted a large proportion of the CTC.
Moving forward, all calculations for PF, Gratuity, and Bonus will be based on this new definition of wages. Currently, most organisations follow a low basic pay plus high allowance model; this structure is now non-compliant and necessitates restructuring.
2. Clearance of All Dues (Section 17)
All dues must be paid within two working days following:
- Retrenchment
- Dismissal
- Termination
3. Prohibition on Wage Discrimination (Sections 3 & 4, Code on Wages Act)
Every male and female employee must receive equal wages for the same amount or nature of work.
4. Minimum Wages (Sections 5 & 6, Code on Wages)
Minimum wage rates will be notified by the appropriate government authority. Employers are mandated to pay these minimum wages without exception.
5. Overtime Rates (Section 14, Code on Wages)
The overtime rate shall not be less than twice the normal rate of wages.
Important Note:
All benefits, including Provident Fund, Gratuity, and Bonus, will be calculated based on this new definition of wages. Furthermore, even fixed-term employees are eligible for gratuity on a pro rata basis under Section 56 of the Code on Social Security, 2020.
This work is licensed under CC BY-NC-SA 4.0
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