New Labor Codes India: What Changes in Your Employment Contracts
Key Takeaway
India's four new labor codes — passed between 2019 and 2020 — consolidate 29 existing central labour laws into a unified framework. The intent was modernisation. The reality, six years later, is a patchwork of statelevel adoption that has left most employers in a peculiar bind: the law exists on the books, the rules are being notified state by state, and yet the majority of employment contracts in circulation today are still drafted under the old regime.
New Labor Codes India: What Changes in Your Employment Contracts
India's four new labor codes — passed between 2019 and 2020 — consolidate 29 existing central labour laws into a unified framework. The intent was modernisation. The reality, six years later, is a patchwork of state-level adoption that has left most employers in a peculiar bind: the law exists on the books, the rules are being notified state by state, and yet the majority of employment contracts in circulation today are still drafted under the old regime.
That gap is a compliance time bomb.
Whether your state has notified the rules or not, the direction is clear. Every employment agreement your organisation uses — from offer letters to fixed-term contracts to separation deeds — will need material revision. This guide breaks down exactly what changes, why it matters, and what you should do right now.
Key Takeaway
The new definition of "wages" under the Code on Wages 2019 (Section 2(y)) requires that basic salary constitute at least 50% of total remuneration. This single change cascades into higher employer contributions to PF, gratuity, and leave encashment — and demands a fundamental restructuring of every employment contract's compensation clause.
The Four Labour Codes: A Quick Map
Before diving into contract-level changes, here is what each code covers and which legacy laws it subsumes.
1. Code on Wages, 2019
Replaces: The Payment of Wages Act 1936, the Minimum Wages Act 1948, the Payment of Bonus Act 1965, and the Equal Remuneration Act 1976.
Core impact: Introduces a universal definition of "wages" (Section 2(y)), applies minimum wage protections to all employees regardless of sector or wage ceiling, and mandates a national floor wage.
2. Industrial Relations Code, 2020
Replaces: The Industrial Disputes Act 1947, the Trade Unions Act 1926, and the Industrial Employment (Standing Orders) Act 1946.
Core impact: Raises the threshold for government permission before retrenchment and closure from 100 workers to 300 workers, introduces fixed-term employment as a statutory category, reforms trade union recognition and collective bargaining rules, and reworks standing order requirements.
3. Code on Social Security, 2020
Replaces: Nine laws including the Employees' Provident Funds Act 1952, the Employees' State Insurance Act 1948, the Payment of Gratuity Act 1972, the Maternity Benefit Act 1961, and the Employees' Compensation Act 1923.
Core impact: Extends social security coverage to gig workers and platform workers for the first time, creates a Social Security Fund, and recalibrates benefit calculations based on the new wage definition.
4. Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code)
Replaces: Thirteen laws including the Factories Act 1948, the Contract Labour (Regulation and Abolition) Act 1970, and the Inter-State Migrant Workmen Act 1979.
Core impact: Redefines working hours, overtime calculations, annual leave provisions, and imposes new obligations for contract labour and inter-state migrant workers.
Why Four Codes Instead of One?
The Ministry of Labour and Employment grouped the 29 legacy laws by subject matter — wages, industrial relations, social security, and occupational safety — to allow phased implementation. In practice, this means your state may notify rules under one code before others, creating interim compliance gaps that your contracts must account for.
Implementation Status: Where Things Stand in 2026
All four codes received Presidential assent between August 2019 and September 2020. The Central Government published draft rules for all four codes in 2020-2021. However, since labour is a concurrent subject under the Constitution (Entry 22-24, List III, Seventh Schedule), both the Centre and states must notify rules before the codes become operative in a given state.
As of March 2026, the implementation landscape looks like this:
States that have notified rules under one or more codes: Uttar Pradesh, Madhya Pradesh, Karnataka, Uttarakhand, Gujarat, Jharkhand, Bihar, Himachal Pradesh, Haryana, Punjab, Odisha, Arunachal Pradesh, and Manipur have pre-published or finalised draft rules under at least the Code on Wages and the Industrial Relations Code.
States with substantial progress: Maharashtra, Tamil Nadu, Rajasthan, Andhra Pradesh, and Telangana have circulated draft rules and sought stakeholder comments. Full notification is expected in phases through 2026.
States yet to act meaningfully: West Bengal, Kerala, and several northeastern states have been slower to move, though central pressure and industry demand are accelerating the timeline.
The Central Government's position: The Ministry of Labour has reiterated its intent for nationwide operationalisation and has been engaging with state labour departments to harmonise timelines. The expectation within industry bodies such as CII and FICCI is that a critical mass of states will have notified rules under all four codes by late 2026 or early 2027.
Do Not Wait for Your State's Notification
The salary restructuring required under the Code on Wages will take most organisations 3-6 months to model, negotiate with employees, and implement through revised contracts. If you wait until your state notifies, you will be scrambling to comply under time pressure — and every month of non-compliance after notification carries penalty exposure. Start the groundwork now.
What Changes in Your Employment Contracts: Clause by Clause
This is the operational core of this guide. Below, we walk through each material change the new codes impose and map it to the specific contract clauses you will need to revise.
1. Salary Restructuring: The 50% Rule
The law: Section 2(y) of the Code on Wages defines "wages" as all remuneration expressed in monetary terms, excluding specific allowances and benefits — but only if those exclusions do not exceed 50% of total remuneration. If they do, the excess is treated as wages.
What this means in practice: If an employee's CTC is ₹12,00,000 per annum, at least ₹6,00,000 must be classified as "wages" (basic salary plus dearness allowance). Any allowance structure where basic + DA falls below 50% of CTC will be automatically recharacterised.
Contract clauses affected:
- Compensation and salary structure clauses
- Allowance breakup schedules (HRA, conveyance, special allowance, etc.)
- Annexures detailing CTC components
Impact Calculation: A Worked Example
Consider an employee with the following current CTC structure:
| Component | Current Structure (Annual) | Revised Structure (Annual) | |---|---|---| | Basic Salary | ₹3,60,000 (30% of CTC) | ₹6,00,000 (50% of CTC) | | HRA | ₹1,80,000 | ₹1,50,000 | | Special Allowance | ₹3,60,000 | ₹1,50,000 | | Conveyance | ₹19,200 | ₹19,200 | | Medical | ₹15,000 | ₹15,000 | | Employer PF (12% of Basic) | ₹43,200 | ₹72,000 | | Employer ESI (if applicable) | Variable | Variable | | Other Benefits | ₹1,22,600 | ₹93,800 | | Total CTC | ₹12,00,000 | ₹12,00,000 |
The cascading cost impact:
- PF contribution increases: Employer PF at 12% of ₹6,00,000 = ₹72,000 vs. current 12% of ₹3,60,000 = ₹43,200. That is an additional ₹28,800 per employee per year — or ₹2,400 per month.
- Gratuity liability increases: Under Section 53 of the Code on Social Security, gratuity is calculated at 15 days' wages for every completed year of service. With wages now at ₹50,000/month instead of ₹30,000/month, the gratuity for an employee with 10 years of service rises from approximately ₹1,73,077 to ₹2,88,462 — an increase of ₹1,15,385.
- Leave encashment increases: Calculated on the new, higher wage base. For an employee with 30 days of accumulated leave, encashment rises from approximately ₹98,630 to ₹1,64,384.
- Overtime pay increases: Overtime is computed on "wages" — a higher base means higher overtime costs.
For a company with 500 employees at similar compensation levels, the incremental annual PF cost alone is approximately ₹1.44 crore.
Restructuring Strategy
Most compensation consultants recommend maintaining the same gross take-home by compressing allowances rather than increasing CTC. However, this means employees will see higher PF deductions from their salary, which affects take-home pay. Transparent communication and revised offer/appointment letters are essential. Model the impact for each pay band before rolling out changes.
2. Fixed-Term Employment Provisions
The law: Section 2(o) of the Industrial Relations Code defines "fixed term employment" as engagement for a fixed period based on a written contract. Sections 62(2) and 67 guarantee fixed-term employees the same wages, hours, allowances, and benefits (including gratuity on a pro-rata basis) as permanent employees doing equivalent work.
Key changes for contracts:
- Equal treatment mandate: Your fixed-term employment agreements must explicitly provide for the same wages, working hours, and allowances as comparable permanent employees. A fixed-term contract that offers lower benefits than a permanent role for the same work will be non-compliant.
- Pro-rata gratuity: Fixed-term employees are entitled to gratuity on a proportionate basis even if their tenure is less than five years. This overrides the five-year minimum under the old Payment of Gratuity Act. Your fixed-term contracts must include a gratuity clause.
- No retrenchment compensation on natural expiry: When a fixed-term contract expires by efflux of time, no retrenchment compensation is payable. However, premature termination triggers retrenchment provisions. Your termination clauses must distinguish between natural expiry and premature termination.
- Notice of non-renewal: While the code does not mandate a specific notice period for non-renewal, best practice — and several state draft rules — suggest including a reasonable notice clause for non-renewal.
Contract clauses affected:
- Duration and renewal clauses
- Compensation parity clauses (new — must be added)
- Gratuity eligibility clauses
- Termination and expiry clauses
- Notice period clauses
3. Retrenchment and Termination Changes
The law: Chapter IX of the Industrial Relations Code redefines the retrenchment framework.
The 300-worker threshold (Section 77(1)): Establishments employing 300 or more workers now require prior government permission before retrenchment, closure, or lay-off. Previously, this threshold was 100 workers under the Industrial Disputes Act. The government retains the power to increase this threshold by notification.
What this means for contracts:
- For companies with 100-299 workers: You are now exempt from the prior permission requirement. Your retrenchment and termination clauses should reflect this — you may proceed with retrenchment by following the prescribed procedure (notice, compensation, LIFO principle) without government approval.
- For companies with 300+ workers: The prior permission requirement remains. Your contracts and HR policies must continue to account for this.
- Standing orders (Section 30): Every industrial establishment employing 300 or more workers (reduced from the previous threshold in many states) must have standing orders certified by the appropriate authority. Model standing orders will apply if none are certified. Your employment contracts must be consistent with your standing orders.
Retrenchment compensation (Section 70(1)): Retrenchment compensation is 15 days' average pay for every completed year of continuous service — calculated on the new wage definition.
Contract clauses affected:
- Termination clauses (with and without cause)
- Severance and retrenchment compensation clauses
- Notice period clauses
- Reference to standing orders
The 'Deemed Retrenchment' Risk
Section 2(zh) of the Industrial Relations Code defines retrenchment broadly — it includes termination for any reason other than disciplinary action, voluntary retirement, retirement on reaching superannuation, non-renewal of a fixed-term contract on its natural expiry, or termination due to continued ill-health. Termination clauses drafted as "termination for convenience" or "at-will termination" without proper procedure may be challenged as disguised retrenchment. Review and tighten your termination language.
4. Gig and Platform Worker Provisions
The law: The Code on Social Security 2020 is the first Indian legislation to recognise gig workers (Section 2(35)) and platform workers (Section 2(61)) as distinct categories.
Definitions:
- Gig worker: A person who performs work or participates in a work arrangement and earns from such activities outside of a traditional employer-employee relationship.
- Platform worker: A person engaged in or undertaking platform work — work connected to a platform that uses a digital or electronic network to connect buyers and sellers.
What this means for contracts:
- Social Security Fund: The Central Government may notify schemes for gig and platform workers funded by contributions from aggregators (1-2% of annual turnover) and workers. Platform companies must register gig/platform workers.
- Contract characterisation risk: If your agreements with independent contractors, freelancers, or gig workers do not clearly establish the nature of the engagement, they may be recharacterised. The Code's definitions, combined with the Supreme Court's substance-over-form approach, increase the risk.
- Aggregator obligations: If your business operates as an "aggregator" (Section 2(2) — a digital intermediary connecting buyers with sellers of services), you have registration and contribution obligations.
Contract clauses affected:
- Independent contractor agreements
- Freelancer/consultant engagement letters
- Service agreements with gig/platform workers
- Indemnity and classification clauses
5. Trade Union and Collective Bargaining Changes
The law: Chapter III of the Industrial Relations Code restructures trade union recognition.
Key changes:
- Recognition thresholds: A trade union with at least 51% of workers as members must be recognised as the sole negotiating union. If no union meets the 51% threshold, unions with at least 20% membership form a negotiating council.
- Negotiating union rights: The recognised negotiating union (or council) becomes the exclusive collective bargaining agent. Individual agreements that conflict with collective agreements may be challenged.
- Notice of strike/lock-out (Section 62): Extended to all industrial establishments, not just public utilities. 14 days' notice is mandatory before a strike or lock-out.
Contract clauses affected:
- Individual employment agreements must not contradict collective bargaining agreements
- Non-compete and restraint clauses during employment
- Dispute resolution clauses (reference to Industrial Tribunal)
6. Working Hours, Overtime, and Leave Provisions
The law: The OSH Code (Sections 25-28) and state-specific rules under the Code.
Key changes:
- Working hours: Maximum of 8 hours per day. However, the government may allow up to 12-hour shifts in certain sectors, provided weekly hours do not exceed 48. The spread-over (total hours from start to finish including breaks) must not exceed 12 hours.
- Overtime: Overtime wages are payable at twice the ordinary rate of wages (calculated on the new wage definition). The yearly overtime cap varies by state rules but is generally expected to be 125 hours per quarter.
- Annual leave: One day of leave for every 20 days of work in the previous year (Section 32 of OSH Code). This replaces the variable leave entitlements under the Factories Act (one day per 20 days) and the Shops and Establishments Acts (which varied by state). Leave encashment is calculated on the new wage definition.
- Weekly off: At least one day of rest per week. If an employee works on a rest day, a compensatory off must be provided within the same month.
Contract clauses affected:
- Working hours and shift clauses
- Overtime eligibility and compensation clauses
- Leave policy references and entitlement clauses
- Holiday and compensatory off clauses
The Compliance Checklist: 15 Contract Clauses That Must Change
Use this checklist to audit every employment agreement template your organisation uses. Each item maps to a specific provision in the new labour codes.
Compensation and Benefits
- [ ] 1. Salary structure clause: Restructure to ensure basic salary + DA constitutes at least 50% of total remuneration (Section 2(y), Code on Wages)
- [ ] 2. PF contribution clause: Update employer and employee PF contribution references to reflect the new wage base (Code on Social Security, read with Section 2(y))
- [ ] 3. Gratuity clause: Revise gratuity calculation to reference the new wage definition; add pro-rata gratuity for fixed-term employees (Section 53, Code on Social Security)
- [ ] 4. Bonus clause: Ensure bonus eligibility and calculation align with the Code on Wages (Sections 26-33); update wage ceilings if applicable
- [ ] 5. Leave encashment clause: Recalculate leave encashment on the new wage base; align leave accrual with OSH Code (1 day per 20 days worked)
Employment Type and Duration
- [ ] 6. Employment classification clause: Clearly distinguish between permanent, fixed-term, contract, gig, and platform workers (Industrial Relations Code, Section 2(o); Code on Social Security, Sections 2(35) and 2(61))
- [ ] 7. Fixed-term contract parity clause: Include explicit equal treatment provisions — same wages, hours, allowances, and benefits as permanent employees (Section 62(2), Industrial Relations Code)
- [ ] 8. Probation clause: Align probation period and termination-during-probation provisions with standing order requirements (Section 30, Industrial Relations Code)
Termination and Separation
- [ ] 9. Termination clause: Distinguish between termination for cause, retrenchment, voluntary resignation, and natural expiry of fixed-term contracts; ensure retrenchment procedure compliance (Chapter IX, Industrial Relations Code)
- [ ] 10. Notice period clause: Align notice periods with the Industrial Relations Code requirements (Section 62 for strikes; Sections 70-77 for retrenchment and closure)
- [ ] 11. Severance and retrenchment compensation clause: Update compensation calculations to 15 days' wages (new definition) per completed year of continuous service (Section 70(1), Industrial Relations Code)
- [ ] 12. Non-compete and post-termination restrictive covenants: Review in light of negotiating union provisions and ensure they do not conflict with standing orders or collective agreements
Working Conditions
- [ ] 13. Working hours and overtime clause: Cap daily hours at 8 (or 12 with government notification); ensure overtime at 2x ordinary wages on new wage base (OSH Code, Sections 25-27)
- [ ] 14. Leave policy clause: Align annual leave accrual (1 day per 20 days worked), sick leave, and casual leave with OSH Code and applicable state rules (Section 32, OSH Code)
- [ ] 15. Health and safety obligations clause: Reference OSH Code duties of employer (Section 6) including provision of a safe working environment, free annual health check-ups for employees above prescribed age, and appointment of safety officers where required
Template Approach
Do not attempt to update contracts on a one-off basis. Create a master template for each employment category (permanent, fixed-term, contract, gig/platform) and cascade changes across the organisation. This is exactly the type of work where AI-powered contract review saves weeks of manual effort — you upload your templates, flag non-compliant clauses, and generate revision suggestions in minutes.
Impact Calculations: What the Numbers Look Like
To help you build the business case for early action, here are impact calculations across three common pay bands.
Pay Band 1: ₹6,00,000 CTC (Entry-Level)
| Item | Old Structure (Basic at 30%) | New Structure (Basic at 50%) | Annual Difference | |---|---|---|---| | Basic Salary | ₹1,80,000 | ₹3,00,000 | +₹1,20,000 | | Employer PF (12%) | ₹21,600 | ₹36,000 | +₹14,400 | | Gratuity (per year of service) | ₹8,654 | ₹14,423 | +₹5,769 | | Leave Encashment (30 days) | ₹49,315 | ₹82,192 | +₹32,877 |
Pay Band 2: ₹12,00,000 CTC (Mid-Level)
| Item | Old Structure (Basic at 30%) | New Structure (Basic at 50%) | Annual Difference | |---|---|---|---| | Basic Salary | ₹3,60,000 | ₹6,00,000 | +₹2,40,000 | | Employer PF (12%) | ₹43,200 | ₹72,000 | +₹28,800 | | Gratuity (per year of service) | ₹17,308 | ₹28,846 | +₹11,538 | | Leave Encashment (30 days) | ₹98,630 | ₹1,64,384 | +₹65,754 |
Pay Band 3: ₹24,00,000 CTC (Senior-Level)
| Item | Old Structure (Basic at 35%) | New Structure (Basic at 50%) | Annual Difference | |---|---|---|---| | Basic Salary | ₹8,40,000 | ₹12,00,000 | +₹3,60,000 | | Employer PF (12%, capped at ₹15,000/month wage) | ₹21,600 (on capped amount) | ₹21,600 (on capped amount) | ₹0 (if PF wage ceiling applies) | | Gratuity (per year of service) | ₹24,231 | ₹34,615 | +₹10,384 | | Leave Encashment (30 days) | ₹2,30,137 | ₹3,28,767 | +₹98,630 |
Note on PF ceiling: The PF wage ceiling is currently ₹15,000 per month. If the employee's basic salary exceeds this, PF is computed on ₹15,000 unless the employer opts for higher contribution. However, the new codes and pending amendments may revise this ceiling. For employees with basic below ₹15,000/month under the old structure but above ₹15,000/month under the new structure, the PF impact is immediate and significant.
Gratuity Calculation Formula
Gratuity = (Last drawn wages × 15 × years of service) ÷ 26. Under the new codes, "last drawn wages" uses the Section 2(y) definition, which includes basic + DA and potentially other components previously excluded. For fixed-term employees, gratuity is pro-rata based on the period of service, even if less than 5 years.
Timeline: What to Do Now vs. What to Do When Your State Notifies
Do Now (Regardless of State Notification)
1. Audit your current contract templates (Weeks 1-4) Pull every employment agreement template — permanent, fixed-term, contractor, consultant — and map each clause against the checklist above. Identify gaps.
2. Model salary restructuring impact (Weeks 2-6) Run the 50% wage calculation across all pay bands. Quantify the incremental cost to PF, gratuity, leave encashment, and bonus. Present findings to the CFO and CHRO.
3. Engage employment counsel (Weeks 3-6) Retain or brief external employment lawyers on your specific exposure. Multi-state employers need state-specific advice given the concurrent subject nature of labour law.
4. Draft revised templates (Weeks 5-10) Create new master templates for each employment category. Include the 15 clauses from the checklist above. Have counsel review.
5. Prepare employee communication (Weeks 8-12) Salary restructuring will affect take-home pay. Prepare clear, transparent communication explaining why the structure is changing, what it means for employees' PF/gratuity/tax position, and what stays the same.
6. Review contractor and gig worker agreements (Weeks 4-8) Assess whether any independent contractor or freelancer relationships are at risk of recharacterisation under the new definitions. Tighten classification language and ensure economic-reality tests are satisfied.
Do When Your State Notifies
7. Check state-specific rules Each state's rules may prescribe specific forms, timelines, and procedural requirements. Your templates must be customised accordingly.
8. File and register as required Certain registrations (standing orders, gig/platform worker registration with the Social Security Organisation) may have deadlines triggered by notification.
9. Execute revised contracts Roll out new employment agreements to all existing employees. For ongoing employees, use amendment letters or addenda — ensure acceptance is documented.
10. Update payroll systems Coordinate with your payroll vendor to implement the new salary structure. Test PF, ESI, TDS, and bonus calculations before going live.
11. Train managers and HR teams Ensure line managers understand the new termination procedures, overtime rules, and leave entitlements. Non-compliance at the operational level creates liability at the organisational level.
12. Set up ongoing compliance monitoring The new codes grant the government power to amend thresholds and rules by notification. Build a monitoring mechanism — or use a tool that flags regulatory changes automatically.
How AI Contract Review Helps
The scale of contract revision required by the new labour codes is daunting. Consider:
- Volume: A mid-size company with 1,000 employees may have 1,000+ individual employment agreements, plus fixed-term contracts, consultant agreements, and contractor arrangements.
- Variation: Contracts drafted over years by different teams, with different templates, different clause language, and different compensation structures.
- Complexity: Multi-state operations mean different state rules may apply to different employees.
Manual review of this volume is not just slow — it is error-prone. A single missed clause in a single contract creates individual liability exposure.
This is where AI-powered contract intelligence changes the equation.
With LexiReview, you can:
- Batch-upload all employment agreements — hundreds or thousands at once — and have AI analyse each one against the new labour code requirements.
- Flag non-compliant clauses automatically: The system identifies salary structures that do not meet the 50% threshold, missing gratuity provisions in fixed-term contracts, outdated termination language, and other compliance gaps.
- Generate clause-level revision suggestions aligned with the specific code provision that requires the change.
- Produce a compliance gap report for your legal team and CHRO, prioritised by risk severity.
- Track changes across contract versions as you roll out revisions, ensuring nothing falls through the cracks.
The labour code transition is exactly the kind of high-volume, high-stakes contract review exercise that AI handles better than humans — faster, more consistent, and without the fatigue-driven errors that plague manual review of repetitive documents.
Don't wait for enforcement — check your contracts now → Start FreeFrequently Asked Questions
When will the new labour codes be implemented across India?▾
Implementation is happening on a state-by-state basis since labour is a concurrent subject under the Constitution. As of March 2026, over a dozen states have notified rules under one or more codes. The Central Government has signalled its intent for broad operationalisation, and industry consensus expects a critical mass of states to be live by late 2026 or early 2027. However, there is no single pan-India "go live" date — you must track your specific state's notification status.
Does the 50% basic salary rule apply to all employees?▾
Yes. The wage definition under Section 2(y) of the Code on Wages applies universally — there is no sectoral or salary-level exemption. If any employee's allowances and excluded components exceed 50% of total remuneration, the excess is deemed to be "wages" for the purpose of PF, gratuity, bonus, and other statutory calculations. This applies to every employee covered by the code, from the shop floor to the C-suite.
Will the new codes increase my company's total compensation cost?▾
In most cases, yes — but the magnitude depends on your current salary structure. Companies that already maintain basic salary at or above 50% of CTC will see minimal impact. Companies with aggressive allowance-heavy structures (basic at 20-35% of CTC, which is common in India) will see significant increases in employer PF contributions, gratuity provisioning, and leave encashment liabilities. The impact can be partially offset by restructuring other CTC components, but employer statutory contributions will increase.
Do I need to issue new employment contracts to existing employees?▾
Strictly, you need to ensure that your existing employment relationships comply with the new codes once they are operative in your state. The most practical approach is to issue amendment letters or addenda to existing employees, updating the salary structure and any other affected clauses. For key roles or where the changes are extensive, issuing fresh consolidated appointment letters may be cleaner. In either case, document the employee's acceptance.
How do the new codes affect fixed-term employees' gratuity entitlement?▾
Under the old Payment of Gratuity Act, an employee needed to complete five continuous years of service to be eligible for gratuity. The Code on Social Security (read with the Industrial Relations Code) provides that fixed-term employees are entitled to gratuity on a pro-rata basis for the period of service, even if their contract term is less than five years. This is a significant change — your fixed-term contracts must include a gratuity clause reflecting this entitlement.
What happens to my independent contractor agreements under the new codes?▾
The Code on Social Security introduces definitions for gig workers and platform workers, bringing them within the social security framework for the first time. While these categories are distinct from employees, the broader definitions increase the risk of recharacterisation. If your independent contractors are economically dependent on your organisation, work under your direction and control, and use your tools and platforms, they may be reclassified. Review all contractor agreements to ensure the relationship genuinely reflects independence, not dressed-up employment.
Do the new codes apply to startups and SMEs with fewer than 10 employees?▾
Yes, substantially. The Code on Wages applies to all establishments and all employees without any threshold. The OSH Code and Industrial Relations Code have varying applicability thresholds depending on the type of establishment, but many provisions — particularly those relating to wages, working hours, and leave — apply broadly. SMEs are not exempt from the wage definition change, which is the single most impactful provision. The only meaningful threshold relief is the 300-worker limit for prior government approval on retrenchment.
How do the new codes change overtime calculations?▾
Overtime must be paid at twice the ordinary rate of wages (Section 27, OSH Code). The critical change is that "ordinary rate of wages" is now calculated on the new wage definition under Section 2(y) of the Code on Wages — meaning the base for overtime calculation is higher. For an employee whose basic salary increases from ₹30,000 to ₹50,000 per month due to restructuring, overtime pay per hour increases proportionally. Combined with quarterly caps on overtime hours, this significantly impacts sectors with regular overtime — manufacturing, IT services, hospitality, and healthcare.
Can I maintain different salary structures for different states?▾
In theory, yes — since state rules may vary. In practice, this creates enormous administrative complexity and employee relations challenges. Most large employers are moving towards a single national salary structure that complies with the most stringent interpretation of the 50% rule, then making state-specific adjustments only where genuinely necessary (e.g., state-specific minimum wage floors). Consult your employment counsel before adopting a differentiated approach.
How can AI help with labour code compliance for employment contracts?▾
AI contract review platforms like LexiReview allow you to batch-upload hundreds or thousands of employment agreements and automatically flag clauses that are non-compliant with the new labour codes. The AI identifies issues such as salary structures below the 50% threshold, missing fixed-term parity clauses, outdated termination language, and absent gig/platform worker provisions. It then generates specific revision suggestions mapped to the relevant code sections. This turns what would be weeks of manual legal review into a process that takes hours, with greater consistency and fewer errors.
Conclusion: The Window for Proactive Compliance Is Now
The new labour codes represent the most significant overhaul of Indian employment law in over seven decades. The changes are not incremental — they are structural. Every employment contract your organisation uses will need revision, and the salary restructuring alone has material financial implications that require advance planning.
The organisations that will navigate this transition smoothly are the ones acting now: auditing their contract templates, modelling the financial impact, drafting revised agreements, and preparing their workforce for the change. The organisations that wait will face compressed timelines, rushed implementations, and avoidable compliance exposure.
Your employment contracts are the legal foundation of every working relationship in your organisation. Make sure that foundation is built for the new regime.
This article is for informational purposes only and does not constitute legal advice. The implementation status and specific provisions may vary by state and are subject to change as rules are notified. Consult qualified legal counsel for advice specific to your organisation's circumstances.
LexiReview Editorial Team
Our editorial team comprises legal tech experts, compliance specialists, and AI researchers focused on transforming contract management for Indian businesses.
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