Bridge91

India EOR guide

Bridge91 · India

The new Labour Codes

India has consolidated twenty-nine central labour laws into four codes. They are in force, and the Central Rules under them have been notified. For an employer, most of it is administrative. One change is not.

Consolidated
29 laws
into 4 codes
Key change
Basic ≥ 50%
of total remuneration
Effect
PF and gratuity rise

Twenty-nine central labour laws have been consolidated into four codes. The codes are in force and the Central Rules made under them have been notified. Most of what changed is administrative. One change is not, and it lands on payroll cost.

The change that costs money

Under the Code on Wages, basic salary must be at least half of total remuneration. Because provident fund and gratuity are both calculated on basic pay, raising the basic proportion raises both.

The cost moves because the base those charges are calculated on moves, not because a new charge was introduced. The codes change other things too, but this is the one that shows up in the monthly cost of an existing employee.

Why your costs rise without anyone getting a raise

For most companies employing people in India this increases the real cost of existing employees without anyone receiving a raise, and it requires salary structures to be rebuilt rather than rolled forward.

A package that was compliant when it was written can fall below the fifty per cent threshold, and correcting it moves money from allowances into basic pay. The employee sees the same total. The employer does not.

Implementation is uneven, state by state

The codes and the Central Rules are settled at the centre. Each state must also notify its own rules, and some have yet to do so, which is why the practical position still differs from one state to the next.

This is the part that catches distributed teams. Two people on identical packages, one in a state that has notified and one in a state that has not, are not necessarily in the same position today. Bridge91 tracks that state by state and handles it for the employers we work with.

Common questions

Are the Labour Codes actually in force, or still coming?

Yes. The four codes are in force and the Central Rules made under them have been notified. What is still incomplete is the state layer: each state must notify its own rules, and some have not, so the practical position differs from one state to the next.

Why do my costs rise if I am not giving anyone a raise?

Because provident fund and gratuity are both calculated on basic pay, and the Code on Wages requires basic to be at least half of total remuneration. Raising the basic proportion raises both charges. The employee’s total package can be unchanged while the employer’s cost goes up.

Does it matter which state my employee works in?

It can. Two employees on identical packages in different states are not necessarily in the same position today, because the obligations that bind in practice still depend in part on whether that state has notified its own rules. It is worth knowing which of your people sit where.

This guide is general information about Indian employment law and practice, not advice on your situation. Rates and thresholds change. Talk to us before acting on any of it.

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