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New Salary Structure in India Under the New Labour Code: A Complete Guide for Employers

New Salary Structure in India

Introduction

The new financial year has started, and for most employers, payroll reviews are already in motion. This time, it feels a little different with the new salary structure is now in effect following the notification of final central rules on 8 May 2026.

If your current salary setup isn’t aligned, the impact may not show immediately. But over time, it can affect compliance, cost planning, and even how employees understand their pay. And when the rules come into effect, making changes in a rush can create unnecessary confusion.

In this blog, we’ll break down the new salary structure in India in a simple and clear way, so employers understand what’s changing and how you can prepare without added pressure.

What the New Labour Code Says About Salary Structure

The new labour code salary structure comes from the Code on Wages, 2019. It introduces a standard definition of wages that all employers need to follow.

Earlier, companies had more flexibility in structuring salaries. Now, salary components must be aligned with this defined wage structure.

So before making any changes, it’s important to understand what counts as wages and what doesn’t. This is where the 50% rule comes in.

Understanding the 50% Rule in the New Salary Structure

The 50% rule is the core of the new salary structure. It defines how much of the salary must be treated as wages.

Here’s how it works:

  • Wages must be at least 50% of total remuneration
  • Wages include basic pay, dearness allowance, and retaining allowance
  • Certain components can be excluded, but only up to 50% of total salary
  • If exclusions go beyond 50%, the excess gets added back to wages
  • PF and gratuity are calculated based on this wage component
What counts as Wages:
    • Basic Pay
    • Dearness Allowance (DA)
    • Retaining Allowance

What is excluded from Wages:

  • HRA
  • Conveyance Allowance
  • Overtime Pay
  • Employer PF contributions
  • Annual performance bonuses
  • Gratuity
Important: If excluded items exceed 50% of total CTC, the excess is automatically added back to wages for statutory calculation purposes.
This changes how salary is designed. Many companies earlier kept basic pay low and used allowances, but now that approach needs to be adjusted carefully.

Example:

An employee with a monthly CTC of ₹60,000 where basic pay is ₹20,000 (33%) needs restructuring.

Component Before After
Basic Pay ₹20,000 (33%) ₹30,000 (50%)
Allowances ₹40,000 (67%) ₹30,000 (50%)
PF (Employer, 12%) ₹2,400 ₹3,600
Gratuity impact Lower Higher
Take-home Higher Slightly lower
Total CTC ₹60,000 ₹60,000
New Salary Structure in India

Old vs New Salary Structure in India: Key Differences Explained

To understand what’s changing, it helps to look at how salary structures were designed earlier and how they are expected to work under the new rules. The difference isn’t just in numbers, it affects how salaries are planned, calculated, and managed.
Component Old Salary Structure New Salary Structure
Basic Salary Typically, 30–40% of CTC Often increases due to wage rules
Allowances Larger share, flexible Limited beyond threshold
PF Contribution Lower Higher
Gratuity Lower payout Higher payout
Take Home Salary Slightly higher May reduce slightly
Compliance Less structured Clearly defined
This shift brings more structure into salary planning. While flexibility reduces, clarity improves, and long-term compliance becomes easier to manage.

Salary Components Under the New Structure

Salary components need to be reviewed because the way wages are defined has changed. Since PF and gratuity are now calculated based on this definition, even small changes in salary structure can affect overall cost and compliance.

Here’s what changes:

  • Basic salary often increases because it forms a major part of wages
  • HRA continues but may be adjusted depending on restructuring
  • Allowances can’t be used excessively to reduce wage calculation
  • Bonus and incentives remain but need proper classification
  • PF contribution increases as it is linked to higher wages
  • Gratuity liability increases over time due to a higher wage base
So instead of tweaking one element, it’s better to review the entire salary framework together.

How the New Salary Structure Impacts Employers and Employees

The new salary structure changes how salaries are planned and how benefits are calculated. Since wages now form a larger part of the salary, it directly affects both employer costs and employee earnings.

For employers, the impact is mostly on cost and compliance. PF and gratuity contributions increase because they are linked to wages. At the same time, there is less flexibility in structuring salaries, and payroll systems may need updates to stay aligned with the rules.

For employees, the impact is seen in take-home pay and long-term benefits. Take-home salary may reduce slightly, but higher PF and gratuity contributions improve overall financial security over time.

Best Practices for Employers to Align with the New Salary Structure

Aligning your salary structure with the new wage rules early can save a lot of effort later, and a structured approach works better than quick fixes.

  • Ensure the wage component meets the 50% requirement
  • Review full salary structures instead of adjusting single components
  • Recalculate PF and gratuity to understand the real cost impact
  • Update payroll systems and compliance processes
  • Revise employment contracts to reflect the new structure
  • Communicate clearly so employees understand the changes
Planning this properly avoids confusion later, and it helps keep both compliance and employee trust in place.
New Salary Structure in India

Common Mistakes Employers Should Avoid During Transition

Some mistakes seem small but can create bigger issues later, so it’s better to catch them early.
  • Keeping wages below the required 50% level
  • Misclassifying allowances to reduce wage calculation
  • Ignoring long-term gratuity costs
  • Waiting until the last minute to make changes
  • Not explaining salary changes clearly to employees
Even simple oversights can lead to compliance risks, so it helps to review everything properly.

Implementation Timeline and What Employers Should Do Now

The four Labour Codes were officially notified on 21 November 2025, with full enforcement targeted from 1 April 2026. The final central rules under all four codes were notified on 8 May 2026.

Since labour is a concurrent subject under the Constitution, state-level implementation varies:

  • Already notified state rules: Karnataka, Maharashtra, Kerala
  • Partially notified: Delhi (Wage Code and SS Code only)
  • Still in progress: Several other states

What this means for employers:

  • If your state has already notified final rules, compliance is immediately mandatory
  • If your state is still in progress, begin preparation now; old laws still apply until state rules are notified
  • Do not wait for complete pan-India rollout to start restructuring

How Vishaal Consultancy Services Can Help You

Managing the shift to the new salary structure can feel confusing, especially when multiple compliance rules are involved. Vishaal Consultancy Services helps employers review salary structures, identify gaps, and align everything with current labour law requirements.

Our experts also support payroll updates, policy changes, and documentation, so you don’t miss anything important. This way, you can stay compliant, avoid costly errors, and handle the transition with more clarity.

New Salary Structure in India

Conclusion

The new salary structure in India changes how employers approach compensation. It brings more structure into salary planning and connects pay more closely with long-term benefits like PF and gratuity. Once you understand how the wage definition works, the transition becomes much easier to manage in practice.

If you’d rather not figure this out on your own, getting expert help can save time and reduce risk. Vishaal Consultancy Services can guide you through the process, help you stay compliant, and make sure your payroll systems are aligned without unnecessary complications.

FAQs

The rule states that wages must be at least 50% of total remuneration. If exclusions like allowances exceed this limit, the excess amount is added back to wages. This directly affects PF and gratuity calculations.

Not necessarily. If your basic pay is already at or above 50% of CTC, there is no change. If it is below 50%, your employer will need to restructure your salary. Take-home pay may reduce slightly, but PF and gratuity savings increase correspondingly. Total CTC does not change.

Yes. The final central rules were notified on 8 May 2026. However, state-level enforcement varies. Karnataka, Maharashtra, and Kerala have notified their state rules. Employers should check their specific state’s notifications and begin compliance immediately.

Yes. The Ministry of Labour confirmed in its March 2026 FAQ that overtime allowance is included within the 50% wage floor computation. Employers in industries with significant overtime should audit their CTC structures immediately.

No. The Ministry of Labour confirmed in its March 2026 FAQ that annual performance-based incentives do not form part of “wages” for statutory calculations under the Labour Codes

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