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Code on Wages: the definition of wages, payment deadlines and deductions

One definition of wages for PF, gratuity and bonus, the 50% rule, when wages must be paid, the 50% cap on deductions, equal pay and the national floor wage.

Applies to:
All India (Central); states set minimum wages and rules
For:
HR, Payroll, Finance
Last reviewed:

What “wages” means now

Wages are all pay for work, and include basic pay, dearness allowance and retaining allowance. A list of payments is excluded from wages:

  • House rent allowance, and the value of housing, light, water and medical attendance the employer provides
  • Conveyance allowance and travel concessions
  • The employer’s contributions to PF, pension and social security
  • Statutory bonus, overtime allowance and commission
  • Gratuity, retrenchment compensation and other payments on leaving
  • Reimbursement of expenses incurred for the work

The 50% rule

If the excluded items above add up to more than half of total remuneration, the amount above half is added back into wages. The effect is that at least 50% of pay is treated as wages for PF, gratuity and bonus, however the structure is labelled.

Monthly payBasic + DAExcluded allowancesWages for statutory purposes
₹60,000₹20,000₹40,000 (67%)₹20,000 + (₹40,000 − ₹30,000) = ₹30,000
₹60,000₹32,000₹28,000 (47%)₹32,000 (no add-back)
Note

The add-back applies to the payments the Code excludes. Remuneration in kind counts at its value, up to 15% of total wages. Employers restructuring pay often move towards basic + DA at about half of gross, and should check the effect on take-home pay and tax before rolling it out.

When wages must be paid

No wage period may be longer than a month.

Wage periodPay by
DailyThe end of the shift
WeeklyThe last working day of the week
FortnightlyThe end of the second day after the fortnight
MonthlyThe 7th of the following month
On leaving (removal, dismissal, retrenchment or resignation)Within two working days

Deductions

Only the deductions the Code allows may be made — taxes, PF and ESI, advances and loans, recovery for loss or damage, fines under a notified list, housing provided, and the like — and all deductions in a wage period together may not exceed 50% of wages.

Equal pay

No employer may discriminate on grounds of gender, including transgender identity, in wages or in recruitment for the same or similar work.

Minimum wages and the floor wage

Minimum wages now apply to every employee in every employment, not only listed ones. The Central Government sets a national floor wage, which may differ by region, and no state may fix a minimum below it. States revise their rates, usually twice a year through a dearness allowance. See minimum wages for where to find your state’s current rates.

In WebHR

WebHR’s payroll pays on the dates you set, and shows every deduction on the payslip. Finance → Salary Structures marks any structure whose basic + DA is under 50% of CTC.

Due dates

WhatWhenHow often
Monthly wagesBy the 7th of the following monthMonthly
Full and final settlement on leavingWithin 2 working days of the exitEvent-based

If a due date falls on a holiday, the authority’s own rule for the next working day applies. Full compliance calendar

References

  1. The Code on Wages, 2019 (India Code)
  2. DLA Piper — Labour Codes: a new era of compliance
  3. Cyril Amarchand Mangaldas — guide to the new Labour Codes
  4. key4comply — the ₹21,000 ceiling and the 50% wages rule

Related

Plain-language guidance for HR teams, not legal advice. Checked against the sources above on 29 September 2026; the notification or your authority’s portal is final. Spotted something out of date? Tell us.