New Labour Codes 2025

India’s New Labour Codes 2025: Complete Guide with Key Provisions

India’s four Labour Codes took effect on November 21, 2025, consolidating 29 laws into unified regulations on wages, social security, industrial relations, and occupational safety. These reforms standardize compliance, expand worker protections, and introduce digital processes across sectors. Employers and employees face immediate adjustments in payroll, benefits, and operations.

Core Wage and Salary Reforms

Basic salary must comprise at least 50% of Cost to Company (CTC), excluding allowances like HRA, conveyance, and bonuses, to ensure fair calculations for PF, gratuity, and ESI. This shifts structures where basic pay previously hovered at 30-40%, potentially reducing take-home pay but increasing retirement benefits. Gender-based wage discrimination for similar work is prohibited, with a unified “wages” definition covering 50% basic plus retainers.

Salary credits require payment on or before the 7th of every month for establishments under the Code on Wages, including IT/ITES sectors, with electronic transfers mandatory to prevent delays. Weekly workday limits cap at 48 hours, with daily shifts not exceeding 8 hours unless averaged over three days, and rest intervals of 20-30 minutes after 5-6 hours. Overtime applies beyond daily limits at double the ordinary wage rate, capped at 50 hours quarterly or 100 hours annually with government approval, requiring worker consent.

Gratuity and Exit Provisions

Gratuity eligibility reduces to one year of continuous service for all employees, including fixed-term contract workers, calculated at 15 days’ wages per year (capped at ₹20 lakh). Previously limited to five years, this covers short-term roles pro-rata, with payment due within 30 days of exit. Full and Final (F&F) settlement mandates completion within two working days post-resignation or termination, including dues like leave encashment, variable pay, and reimbursements, verified via digital portals.

Appointment letters become compulsory for all hires, detailing salary structure (50% basic), working hours (48 weekly max), leave entitlements, and termination clauses, formalizing even informal engagements. Bonus eligibility extends without wage ceilings (previously ₹21,000/month), ranging 8.33-20% based on profits, paid directly to bank accounts within eight months of the financial year-end.

Expanded Social Security Coverage

The Code on Social Security includes gig and platform workers (e.g., delivery riders, drivers) via Aadhaar-linked portals, offering life/disability insurance, health/maternity benefits, and old-age protection funded by aggregator contributions (1-2% turnover). ESIC expands pan-India with voluntary enrollment for shops (<10 workers) and voluntary PF for self-employed. Interstate migrants gain benefit portability, including PDS access at destination states.

Employers must report vacancies to career centers (exempt <90 days or domestic), notify injuries/diseases within timelines, and provide free annual health check-ups for workers over 40. A National Social Security Board oversees unorganized sector schemes, with helplines and facilitation centers.

Industrial Relations and Safety Updates

Layoff/retrenchment/closure prior approval thresholds rise to 300 workers (from 100), exempting smaller firms; fixed-term employees get pro-rata benefits without retrenchment labels. Strikes require 14-day notice (60 days validity), banning flash actions; two-member tribunals speed dispute resolution. A Workers’ Reskilling Fund (15 days’ wages per retrenched worker) aids upskilling.

Occupational Safety mandates safety committees (500+ workers), welfare officers (250+ in mines/factories), and night shifts for women (7 PM-6 AM) with consent, transport, and CCTV. Commute accidents qualify for compensation if employer-provided transport; single license/return simplifies filings for multi-state operations.

Impacts, Benefits, and Compliance Roadmap

Employees gain timely pay, broader gratuity, gig protections, and safety nets, formalizing 90% informal workforce for higher savings despite short-term take-home dips (5-15% due to PF hikes). Employers benefit from simplified filings (one return vs. 10+), hiring flexibility (<300 workers), and digital audits but face higher costs (10-20% payroll via basic salary/OT). MSMEs get phased rollout till FY26.

Provision Old Rule New Rule 2025 Impact
Basic Salary promptpersonnel​ ~30-40% CTC ≥50% CTC ↑ PF/Gratuity base; ↓ allowances
Gratuity Eligibility 5 years 1 year Covers short-term staff
Salary Credit End of month By 7th Timely cash flow
Overtime 1.5-2x; no cap uniformity 2x beyond 8 hrs; 50 hr/Q cap Consent-based; higher costs
Weekly Limit Varied by Act 48 hrs Standardized rest
F&F Settlement ​ 7-45 days 2 working days Faster exits

 

Old vs New Labour Rules – Key Comparisons

1. Wage Structure & Salary

Aspect Old Rule New Rule (2025) Practical Impact
Basic Salary share in CTC Often 25–40% of CTC; no statutory minimum definition across all laws. “Wages” must be at least 50% of CTC (basic + DA + retaining allowance). Higher PF, gratuity, bonus base; likely reduction in take-home but stronger long-term savings and social security.
Definition of Wages Different in multiple Acts (Bonus, PF, Gratuity, etc.). Single uniform definition under Wage Code used across PF, gratuity, bonus, etc. Simpler payroll and litigation reduction; employers must redesign salary structures.
Equal Remuneration Gender equality covered in a separate Equal Remuneration Act. Built into Wage Code – no gender discrimination in wages and recruitment. Stronger enforceability and easier compliance via a single code.

2. Gratuity & Exit Payments

Aspect Old Rule New Rule (2025) Practical Impact
Gratuity eligibility Minimum 5 years continuous service in most cases. Eligibility reduced to 1 year of service for all, including fixed-term employees. Many more employees, especially contractual and high-churn roles, become eligible; higher long-term liability for employers.
Gratuity for Fixed-Term Employees No explicit pro-rata provision; often excluded in practice. Fixed-term employees entitled to gratuity on pro-rata basis even if tenure <5 years. Encourages use of fixed-term with near-parity benefits; improves job quality for project-based staff.
Full & Final (F&F) settlement timeline Typically 7–45 days as per company policy; no uniform statutory 2-day rule. F&F to be completed within 2 working days of resignation/termination under Codes. Faster cash flow and closure for employees; forces employers to streamline HR and payroll workflows.

3. Salary Credit Date & Payment

Aspect Old Rule New Rule (2025) Practical Impact
Salary payment deadline Monthly wages to be paid within 7th/10th depending on establishment, but unevenly enforced across laws. Clear mandate: salary must be credited on or before 7th of every month for covered employees (e.g., IT/ITES). Predictable salary cycle; improves household budgeting for employees; tighter payroll timelines for employers.
Mode of payment Cash, cheque, or electronic transfer – varying state practices. Strong push to digital modes (bank/e-payment) under Wage Code. Better transparency and traceability; easier inspections and audits.

4. Working Hours, Overtime & Weekly Limit

Aspect Old Rule New Rule (2025) Practical Impact
Daily working hours Usually 8–9 hours per day as per Factories Act/shops laws; not fully harmonised. Standardized 8 hours per day under OSH Code, subject to weekly 48-hour cap and notified shift patterns. Clear national benchmark, fewer ambiguities on overtime calculation.
Weekly work limit Varied by Act/state – typically 48 hours but with fragmented provisions. Uniform 48 hours per week across sectors under OSH Code. Better planning of rosters; excessive hours easier to identify and penalize.
Overtime rate Generally 2× wages in factories; other sectors’ rules were inconsistent. Overtime must be paid at 2× normal rate beyond prescribed hours; caps on maximum OT (e.g., 50 hrs/quarter, subject to notifications). Higher and more predictable OT cost for employers; better compensation and fatigue control for workers.

5. Social Security (PF, ESIC, Gig & Platform Workers)

Aspect Old Rule New Rule (2025) Practical Impact
Gig & platform workers coverage Largely outside statutory social security (PF/ESIC not designed for them). Code on Social Security explicitly covers gig and platform workers through special schemes and a central fund. Delivery partners, drivers, etc. get insurance, maternity, and old-age support; aggregators bear part of funding.
Aggregator contribution No obligation to contribute for gig workers. Aggregators to contribute 1–2% of annual turnover (subject to cap) towards gig/platform social security fund. Marginal cost rise for platforms; better risk coverage and goodwill for workforce.
ESIC coverage Limited to notified areas and factories/establishments above certain thresholds. Pan-India ESIC rollout with options to include more classes of establishments and voluntary coverage. Wider health security for workers and families; compliance and contribution base increases.

6. Industrial Relations & Layoffs

Aspect Old Rule New Rule (2025) Practical Impact
Threshold for govt. approval on retrenchment/closure 100 or more workers (under Industrial Disputes Act). Raised to 300 workers under Industrial Relations Code (states may vary by notification). Greater flexibility for small and mid-size units (≤299 workers) to adjust workforce; unions worry about job security.
Fixed-term employment Limited and not uniformly regulated; benefits often denied. Fixed-term recognized; must get same benefits as permanent workers (including gratuity on pro-rata basis). Flexibility for employers without completely casualizing workforce; better protection for project-based employees.
Strike procedure Notice requirements existed mainly in public utility services; others more flexible. Mandatory 14-day notice for strikes and lockouts in all establishments covered by the Code. Reduces flash strikes; more time for conciliation; may dilute bargaining power for some unions.

7. Occupational Safety, Health & Women’s Work

Aspect Old Rule New Rule (2025) Practical Impact
Women in night shift Generally restricted; allowed only with state-specific exemptions and conditions. Women can work between 7 PM–6 AM with consent and safety measures (transport, CCTV, security, etc.). Expands job opportunities in IT, services, manufacturing; obliges employers to invest in safety infrastructure.
Safety committees & welfare officers Required only in specific sectors and at higher thresholds. Mandatory safety committees and welfare officers above specified thresholds (e.g., 250/500 workers). Stronger safety culture, more internal monitoring; additional HR/compliance cost.
Health check-ups Fragmented sector-wise requirements. Free annual health check-ups mandated for workers above a specified age (often 40+). Early detection of health issues; organised employer records; modest recurring cost.

8. Compliance, Registration & Documentation

Aspect Old Rule New Rule (2025) Practical Impact
Number of labour laws 29 central labour laws with separate registers, returns, and inspections. Consolidated into 4 Codes: Wages, Social Security, Industrial Relations, OSH & Working Conditions. Lower fragmentation; easier policy updates; HR/legal can work off a single framework.
Registration & returns Multiple registrations and returns under each Act (Factories, CLRA, Shops, etc.). Single registration, single license (in many cases), and unified electronic return/inspections. Administrative burden decreases; greater transparency via online portals; easier for multi-state employers.
Appointment letters Not uniformly mandatory across all categories and sectors. Written appointment letter compulsory for all employees with defined terms of employment. Reduces disputes; employees have clear record of pay, role, and benefits; formalization of informal jobs.

New Labour Codes 2025 will impact income, earnings, and tax in a mixed way—your CTC will likely stay the same, but the structure shifts toward higher long-term savings at the cost of slightly lower monthly take-home pay.

1. Impact on Income & Earnings

a) Monthly Take-Home Salary

The 50% basic salary rule means PF and other deductions will apply to a larger base, reducing net in-hand pay for many. If your basic was previously 25-35% of CTC, expect a noticeable dip; if it was already near 50%, the change is minimal.

Illustrative Example:

  • Old Structure (Annual CTC ₹10,00,000 or ₹83,333/month):

    • Basic: 35% = ₹35,000/month

    • Employee PF (12%): ≈ ₹4,200/month

  • New Structure (Same CTC):

    • Basic: 50% = ₹50,000/month

    • Employee PF (12%): ₹6,000/month

Difference: PF deduction rises by ≈ ₹1,800/month, so take-home drops by that amount. However, your PF balance (plus interest) grows faster for retirement.

b) Overall Earnings (Cash + Benefits)

  • Total CTC remains unchanged, but more flows into PF, gratuity, and social security—boosting long-term wealth.

  • Overtime at 2x rate ensures better pay for extra hours, potentially increasing gross earnings for those working OT regularly.

2. Impact on Tax

The effect is positive long-term due to higher tax-efficient contributions, though short-term taxable income may feel higher initially.

a) Taxable Income and Deductions

  • Employee PF qualifies for Section 80C deduction (up to ₹1.5 lakh/year), so higher PF automatically fills more of your 80C limit.

  • Employer PF contributions (within limits) remain tax-free perks. Gratuity up to ₹20 lakh is tax-exempt on exit.

Example (80C Utilization):

  • Old: PF ₹50,400/year → Need ₹1,00,000 more in PPF/ELSS/LIC to max 80C.

  • New: PF ₹72,000/year → Only ₹78,000 more needed, simplifying tax-saving.

Net: Effective taxable income drops as PF covers more deductions, potentially lowering your tax outgo.

b) Long-Term Tax Benefits

  • Larger PF corpus earns tax-deferred interest (taxable only on excess over limits).

  • Higher gratuity (from bigger basic + 1-year eligibility) means bigger tax-free exit payout.

  • Overall, retirement wealth becomes more tax-efficient compared to old allowance-heavy structures.

3. Special Cases: Gig, Platform & Fixed-Term Workers

  • Gig workers gain insurance/pension benefits without direct monthly cash hikes, improving risk-adjusted earnings.

  • Fixed-term staff get pro-rata PF/gratuity, making their total package closer to permanents—tax treatment follows standard salary + exempt benefits rules.

In simple terms: Short-term pocket pinch for stronger retirement security and smarter tax planning.

  • Income/Earnings: Monthly take-home dips 5-15% (₹1,000-₹5,000 typical), but PF/gratuity/OT boosts long-term total by 10-20%+.

  • Tax: Short-term neutral/slightly higher; long-term savings via 80C auto-fill and tax-free payouts.

Contact Us

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WhatsApp/Call: +91 74210 82222
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Website: https://kynafintax.com

 

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