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What changes for employees under the new Labour Codes?

LiveRec EditorialUpdated

For employees in India, here is what changes under the Labour Codes: a written appointment letter, minimum wages and timely pay, a statutory wage base for PF and gratuity, gratuity after one year for fixed-term staff, leave rules with encashment, a free annual health check-up, and exit wages within two working days.

At a glance

  • Ask for an appointment letter if you do not have one.
  • Check your payslip for wage components, PF and wage slip.
  • Fixed-term staff get gratuity after one year of service.
  • Final wages are due within two working days of leaving.

What to check, one by one

TopicWhat the Codes sayPage
Appointment letterMandatoryAppointment letters
PayFixed dates; minimum wage floorCode on Wages
Salary structureOne wage definition, 50% ruleWage rule
In-hand payDepends on employer's structureTake-home pay
Gratuity5 years; 1 year for fixed-termGratuity
Hours and overtime8 hours, 48 weekly; overtime at twice the rateHours
Leave180 days to qualify; encashmentLeave
LeavingWages in two working daysF&F

If you are on a contract

Direct fixed-term employees have parity in wages and benefits (fixed-term guide). If a contractor employs you, the principal employer provides welfare facilities and must pay wages if the contractor fails to.

If you resign soon

Calculate your gratuity years, leave balance and notice. Read notice period in India and use the resignation letter format.

Where to raise a problem

Start with HR and your Grievance Redressal Committee, if your employer has one (20 or more workers). Then approach the labour authority of the appropriate government. The Industrial Relations Code lets a worker apply to the committee within one year of the cause of action.

One caution

The Codes set minimums. Your contract, a better state law or an award can give more. If a rule matters for a decision, confirm it with a qualified adviser.

Sources

This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.