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Code on Wages, 2019 · Section 2(y)

Half your payroll
just became
statutory.

Under The New Code on Wages, at least 50% of every employee's total remuneration must legally qualify as "wages." Tip the scale below to see how your own structure holds up, then run your full payroll register through the audit tool.

Live compliance scale

Wages
Allowances
Why it exists

Wages can no longer be the smallest line on the payslip.

For years, employers minimised statutory cost by keeping "Basic" thin and stacking the rest into HRA, special allowance, and a dozen other heads - perfectly legal under the old framework. The Code on Wages closes that gap: if excluded allowances add up to more than half of total remuneration, the excess is automatically reclassified as wages, whether or not you intended it.

Reaches PF, gratuity & bonus base
  • Directly funds higher retirement savings for the employee
  • Raises the gratuity base - a benefit at exit, not a cost today
  • Is the number a labour inspector checks first
What non-compliance actually risks
  • Fines up to ₹50,000 (first offence), ₹1,00,000 (repeat)
  • Retrospective PF & gratuity arrears, plus interest
  • Contingent liabilities that surface in funding & M&A due diligence
Who this applies to: every employer under the Code, regardless of size or sector - including fixed-term employees on your rolls. Third-party contract workers sit on the contractor's payroll, but the principal employer (you) can still carry the liability if the contractor's structures are non-compliant. Consultants paid on invoice are usually outside scope - unless the relationship looks like employment in substance (fixed hours, supervised output, one client), in which case the label on the contract won't save you.
The definition that decides everything

What counts as "wages" - and what doesn't

Every downstream number - PF, gratuity, bonus, the 50% test itself - depends on classifying each pay component correctly. Here is the working list.

Included in wages
  • Basic pay core
  • Dearness Allowance (DA) core
  • Retaining allowance, where applicable core
Commonly excluded
  • House Rent Allowance (HRA) excl.
  • Conveyance allowance excl.
  • Special allowance* watch
  • Statutory bonus excl.
  • Overtime allowance excl.
  • Sales commission excl.
  • Employer PF & gratuity contributions excl.
  • LTA & meal vouchers excl.
*Special allowance doesn't appear in the Code's statutory exclusion list - it's treated as excludable under prevailing professional practice, not codified law. A guaranteed, unconditional special allowance paid every month is the component most likely to be reclassified as wages by a labour authority. Confirm treatment with your CA before you rely on it as your main balancing lever.

Worked example - ₹60,000 monthly CTC

ComponentBeforeAfter fix
Basic Pay₹15,000₹30,000
HRA₹12,000₹12,000
Special Allowance₹28,000₹13,000
Conveyance₹2,000₹2,000
Medical Reimbursement₹3,000₹3,000
Total CTC₹60,000₹60,000

Reading the ledger

Wage % before25% - non-compliant
Wage % after50% - compliant
Employer PF cost before12% on ₹15,000
Employer PF cost after12% on ₹30,000

Gross CTC is unchanged. What moves is where the money sits - and what it's calculated on. This is the exact logic the audit tool below applies to every row of your payroll.

The audit

Upload your salary register

Drop in your payroll export (.xlsx / .xls / .csv). Everything runs in your browser - no file ever leaves this page or reaches a server.

1. Upload
2. Map columns
3. Review the Salary Structure

Drag your spreadsheet here

or click to browse · one row per employee, one column per pay component

A companion deadline

Full & Final Settlement: due in 2 working days

The Labour Codes removed the old distinction between resignation and dismissal. Every exit - voluntary or not - now carries the same 2-working-day settlement obligation. Weekends and holidays don't count toward the window, but they don't pause your obligation either. Check a date below.

Settlement legally due by
- select a date -

What sits inside the window - and what doesn't

ComponentTimeline
Final salary, leave encashment, confirmed reimbursements, notice adjustmentWithin 2 working days
Gratuity (Code on Social Security, 2020)Within 30 days - 10%/annum penalty on delay
PF settlement (via EPFO)Employee-initiated withdrawal; employer only updates exit date
Disputed component (e.g. notice recovery)? Pay every undisputed component within the window regardless, and issue a written "Notice of Partial Settlement" for the amount held back.
Turning findings into action

Your compliance checklist: audit, fix, document

Share this with your payroll experts and leadership once your salary structure review above is complete.

Step one

Audit

  • Pull a full payroll register for the current month
  • Classify every component: wages or excluded
  • Calculate excluded % of total remuneration per employee
  • Flag everyone above the 50% excluded threshold
  • Quantify the shortfall to reach 50:50
Step two

Fix

  • Share findings with your Payroll experts and legal Team.
  • Model increased basic, reduced special allowance
  • Calculate the impact on employer PF & gratuity provision
  • Decide: absorb take-home impact, gross up, or phase it in
  • Draft employee communication before you touch payroll
Step three

Document

  • Issue revised appointment letters or Compensation revision letters.
  • Update payroll system from the effective date
  • File revised PF contributions where applicable
  • Re-audit at every salary revision cycle
  • Review contractor / staffing agreements for the same rule
The real exposure

Non-compliance rarely shows up as a labour inspector first

For most companies, the first bill arrives from a departing employee's gratuity claim, or an internal / statutory audit finding, not a inspector's visit.

₹50K–1L
Statutory penalties

Up to ₹50,000 for a first offence, ₹1,00,000 for repeat offences - multiplied across every affected employee.

+ interest
Arrears & back payments

Understated wages mean PF and gratuity differences owed retrospectively, going back years, plus interest.

per exit
Gratuity disputes

An employee's own math on "effective wage" rarely matches your payroll system - and they're usually right.

on the cap table
Due diligence findings

Non-compliant structures are a common finding in M&A and funding rounds - and get deducted from the offer.

Don't wait for an inspector or an auditor to find the gap.

Run the audit now