India’s four labour codes—the Code on Wages 2019, Code on Social Security 2020, Industrial Relations Code 2020, and Occupational Safety, Health and Working Conditions Code 2020—became effective on November 21, 2025. While the consolidation of 29 legacy laws into four codes promises simplification, employers are finding that several critical provisions lack clarity.

This article addresses the most common new labour code FAQs from an employer’s perspective, with a particular focus on the much-discussed “50% wage rule” and its practical implications for payroll, benefits, and compliance.

Key Takeaways

Table of Contents

1. Understanding the 50% Wage Rule

Section 2(y) of the Code on Wages, 2019 introduces a standardised definition of “wages” across all four labour codes. The provision that has generated the most new labour code FAQs is the 50% rule.

How the Rule Works

The Code defines wages to include:

• Basic pay
• Dearness allowance (DA)
• Retaining allowance

The Code then lists 11 categories of exclusions (items (a) through (k)), including HRA, conveyance allowance, employer PF contributions, bonuses payable under law, and others.

The Critical Proviso: If the total of exclusions exceeds 50% of “all remuneration,” the excess must be added back to wages for statutory calculations.

Practical Example

Consider an employee with a monthly CTC of Rs. 1,00,000:

In the non-compliant scenario, exclusions exceed 50% of total remuneration by Rs. 15,000. This excess is deemed to be wages, increasing the statutory wage base to Rs. 50,000.

2. The Definition Problem: What is “Total Remuneration”?

Here lies the central challenge with the new labour code FAQs: the Code uses the phrase “all remuneration” but does not define it.

What We Know

The Code’s language suggests “all remuneration” means wages plus all exclusions—essentially everything the employee receives or is entitled to under the terms of employment.

What Remains Unclear

For each compensation component, employers must determine:

1. Is it part of “total remuneration” (the denominator)?
2. If yes, is it part of “wages” or is it an “exclusion”?

The answers affect both the 50% test and the calculation of statutory benefits.

3. Why the “Wages” Definition Matters

Beyond the 50% test, the definition of wages has direct financial implications because multiple statutory obligations are calculated on wages:

For a detailed analysis of gratuity implications, see our article on New Gratuity Rules India 2025: Labour Code Changes & Actuarial Impact. For assistance with recalculating your employee benefit liabilities under the new labour codes, explore our actuarial valuation services.

4. FAQ: Employer Contributions (PF, NPS, ESIC)

Question: Does “total remuneration” include the employer’s PF contribution?

Section 2(y)(c) explicitly excludes “any contribution paid by the employer to any pension or provident fund” from wages. But the question is whether it forms part of total remuneration for the 50% test.

Question: What about employer NPS contribution?

The same logic applies. Employer NPS contributions are excluded from wages under Section 2(y)(c) (“any pension fund”), but they are part of the total employment cost.

Our View: Employer NPS contribution is likely part of total remuneration.

Question: Does employer ESIC contribution count?

ESIC is not explicitly listed among the exclusions in Section 2(y)(a)-(k). This creates additional ambiguity.

Our View: Employer ESIC contribution is likely part of total remuneration, given it’s a statutory cost borne by the employer in respect of employment. Whether it’s also included in wages (since not explicitly excluded) is a separate question requiring clarification.

5. FAQ: Bonuses and Variable Pay

Question: Are discretionary bonuses part of total remuneration?

Section 2(y)(a) excludes “any bonus payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment.”

This exclusion applies to statutory bonus (under the Payment of Bonus Act). But what about discretionary bonuses?

Question: What about target bonuses or performance incentives mentioned in the offer letter?

If a bonus is mentioned in the employment contract (even if performance-linked), it becomes part of the terms of employment.

Our View: Contractual or target bonuses are likely part of total remuneration. If they are guaranteed or formulaically determined, they may even be part of wages (not excluded).

6. FAQ: ESOPs and Stock-Based Compensation

Question: How should ESOPs and RSUs be treated for the 50% test?

The Code does not address equity compensation. This is a significant gap given how common stock-based compensation has become, particularly in technology companies.

Practical Recommendation: Document your methodology and apply it consistently. Consider seeking legal opinion for material ESOP programs.

7. FAQ: One-Time Payments

Question: Is a joining bonus part of total remuneration?

Section 2(y)(e) excludes “any sum paid to the employed person to defray special expenses.”

Our View: A one-time joining bonus is likely NOT part of total remuneration for ongoing 50% calculations, provided it is:

• Truly one-time (not recurring)
• Not amortised into monthly CTC
• Paid to defray relocation or transition costs

However, if the joining bonus is structured as part of first-year CTC, it may need to be included.

Question: What about sign-on bonuses with clawback provisions?

Clawback provisions suggest the payment is conditional and tied to continued employment. This strengthens the argument that it’s part of remuneration under terms of employment.

Our View: Sign-on bonuses with service conditions are likely part of total remuneration for the period they cover.

8. FAQ: Calculation Period and Methodology

Question: Should the 50% test be applied monthly, annually, or on a CTC basis?

The Code does not specify a calculation period.

Practical Consideration: If annual bonuses are part of total remuneration, should they be spread across months for the 50% test? This is unclear. A conservative approach would be to ensure the 50% threshold is met even without the bonus, treating the bonus as additional wages if it would otherwise cause a breach.

9. FAQ: Gratuity Under the New Codes

Question: Has the gratuity calculation formula changed?

No. The formula remains: Gratuity = (Last Drawn Wages x 15/26) x Years of Service

What has changed is the definition of “wages” used in the calculation. Under the new codes, wages must be at least 50% of total remuneration.

Question: What about gratuity for service before November 2025?

The Ministry of Labour has clarified that retrospective recovery of contributions is not required. However, when an employee’s gratuity becomes payable (on termination, resignation, retirement, or death), the calculation will use the wages definition under the new codes.

For detailed analysis, see New Gratuity Rules India 2025.

Question: Is the Rs. 20 lakh gratuity ceiling still applicable?

Yes. The ceiling of Rs. 20 lakhs continues until modified by the Central Government.

10. FAQ: Leave Provisions

Question: What are the new leave encashment rules?

Under the OSH Code:

• Annual leave accrual after 180 days of work (reduced from 240 days)
• Mandatory encashment of leave beyond 30 days at year-end
• Leave encashment payable within 2 working days of separation (for resignation, discharge, or dismissal) or within 2 months (for superannuation or death)

Question: Do these rules apply to all employees?

No. The OSH Code’s leave provisions apply to workers, defined to exclude persons in managerial, administrative, or supervisory roles.

11. FAQ: Fixed-Term Employees

Question: Do fixed-term employees get gratuity after one year?

Yes. The Social Security Code provides that fixed-term employees are eligible for gratuity after one year of continuous service (vs. five years for permanent employees).

Question: What qualifies as “fixed-term” employment?

The Industrial Relations Code defines “fixed term employment” as employment for a fixed period based on a written contract. The employee must receive the same wages and benefits as a permanent employee doing similar work.

12. Action Items for Employers

13. Frequently Asked Questions

Will employee take-home salary reduce under the new codes?

Potentially, if basic pay is increased to meet the 50% threshold. Higher basic pay means higher PF deductions from the employee’s salary. However, the Ministry has clarified that PF contributions above the Rs. 15,000 wage ceiling remain voluntary.

Are existing employees protected from wage restructuring?

Section 3(2)(i) of the Code on Wages prohibits employers from reducing wages for the purpose of achieving gender pay equality under Section 3(1). While this does not provide blanket protection against all wage restructuring, any changes to existing employee compensation should be documented carefully, maintain total CTC, and ideally be made with employee consent to avoid disputes.

When should we restructure salaries—for existing employees or only new hires?

Many employers are restructuring only for new hires to avoid the complexity of renegotiating with existing employees. However, maintaining two parallel structures creates administrative burden and potential equity issues.

Do we need to recalculate past PF contributions?

No. The Ministry has clarified that retrospective recovery is not required.

What penalties apply for non-compliance?

The Code on Wages prescribes fines for first-time offences (Rs. 50,000) and imprisonment for repeat offences. Specific penalties vary by provision.

Is the 50% rule applicable to all establishments?

The Code on Wages applies to all establishments and employees, with no wage ceiling or establishment size threshold for the wages definition.

14. Next Steps

The new labour code FAQs addressed in this article reflect the current state of ambiguity. As courts hear cases, regulatory bodies issue clarifications, and industry practices evolve, interpretations will solidify.

In the meantime, employers should:

1. Engage legal counsel for formal opinions on material exposures
2. Work with actuaries to quantify gratuity liability impact—contact us for assistance
3. Monitor official clarifications from the Ministry of Labour and EPFO
4. Participate in industry forums to align on common interpretations

Last updated: January 2026