“Wages” Redefined: How the Code on Wages Will Impact Salary Structuring

Arjun Paleri and Raisa Pinto

1. Introduction 

The Code on Wages, 2019 (“Wages Code”) represents an important change in India’s labour law framework. The Wages Code subsumes and consolidates four central wage-related labour laws into one code and provides a uniform definition of “wages.” This change impacts not only compliance with laws but also how organizations design and implement salary structures. In light of this change, employers will now be required to revisit and, where required, restructure their compensation frameworks to align with the revised definition of “wages” under the Wages Code. 

2. What Counts as “Wages”? 

Prior to the labour codes being brought into effect, different labour laws adopted varying approaches to wage computation for statutory benefits. The Wages Code simplifies this by grouping salary components into three main categories: 

• The Inclusions: Basic pay, dearness allowance, and retaining allowance. These are always considered as wages. 

• The Exclusions: Components such as house rent allowance, provident fund contributions, gratuity payments, overtime, commissions, and bonuses are typically excluded from wages, within certain limits. 

• The “50% Cap Rule”: A key provision of the “wages” definition states that if the total value of excluded components is more than 50% of the total pay, the excess is added back and counted as wages. 

3. Impact on Salary Structuring 

Employers must calculate statutory benefits based on the new defined term of "wages," which may require reviewing and restructuring existing salary compositions to ensure that excludable allowances and components do not exceed 50% of total remuneration. The classification of allowances as includable or excludable from "wages" will directly impact the computation of statutory benefits and contributions. 

4. Compliance Risks 

Failure to comply with the Wages Code may result in: 

• Monetary penalties as prescribed under the Code. 

• Interest and penalties on underpaid or delayed statutory contributions. 

• Employee grievances and disputes regarding benefit calculations. 

• Potential litigation and reputational risks. 

5. Strategic Recommendations 

• Examine the current pay structures in detail using the revised definition of "wages."  

• Update employment contracts and payroll software to conform to the new definition.  

• Train the payroll and HR departments on compliance requirements.  

• Install internal monitoring systems to guarantee continued adherence and reduce the likelihood of legal action. 

6. Conclusion

The Wages Code pushes employers to stop using fragmented salary structuring methods. Organizations can fulfill their legal responsibilities and avoid disputes with their employees and authorities by establishing precisely what constitutes “wages”. Restructuring pay structures proactively is important to attaining cost effectiveness, operational clarity, and legal compliance.