📌 Quick Answer

The new Labour Codes 2026 merge 29 old Indian labour laws into four codes covering wages, industrial relations, social security, and workplace safety. They came into force on 21 November 2025, with central rules notified in May 2026. The biggest change for most businesses is the "50% rule" — basic pay must be at least half of total salary, which raises PF and gratuity costs. Every company with employees should audit its salary structure, update registrations, and align ROC compliance now. A Company Secretary is the professional who handles this end to end.

If you run a company in India, the new Labour Codes 2026 are the single most important compliance change you will deal with this year. As a Company Secretary, I want to give you the plain-English version — structured so you can find the exact answer you came looking for.

What are the new Labour Codes 2026?

The new Labour Codes 2026 are four consolidated laws that replace 29 separate central labour statutes — some of them almost a century old. The aim is simpler labour law compliance: one framework instead of a tangle of overlapping acts.

01 Code on Wages · 2019
Code on Wages, 2019

Covers wages, bonus, minimum wages, and timely payment. Introduces the universal definition of "wages" and the 50% basic pay rule that affects PF and gratuity calculations.

02 Industrial Relations Code · 2020
Industrial Relations Code, 2020

Covers trade unions, standing orders, strikes, and retrenchment. Changes thresholds for prior government permission before retrenchment and plant closures.

03 Code on Social Security · 2020
Code on Social Security, 2020

Covers provident fund, ESI, gratuity, maternity benefit — and for the first time, gig and platform workers. Expands the social security net significantly.

04 OSH Code · 2020
Occupational Safety, Health & Working Conditions Code, 2020

Covers working hours, leave entitlements, workplace safety, and working conditions across factories, construction sites, offices, and contract labour.

The reality, at least during the switchover, is that businesses have real work to do — and most of them want a Company Secretary to guide it.

When did the new Labour Codes come into effect?

1
2019 – 2020
Four Codes Enacted by Parliament

The Code on Wages (2019) and the three 2020 codes were passed by Parliament, but rules were not yet notified — so they were not yet in force.

2
21 November 2025
29 Old Laws Repealed — Codes Come Into Force

The government repealed all 29 older labour statutes in a single notification. The four codes formally came into effect. Compliance obligations began from this date.

3
May 2026
Final Central Rules Notified

The central rules were notified in May 2026, giving the framework its full practical force. The new Labour Codes 2026 are not "coming soon" — they are live, and compliance is expected now.

!
Ongoing — 2026
Transition Period — Grey Zone Still Exists

While the framework is being operationalised, parts of the old laws still apply where new rules have not fully taken over. This is where mistakes hide — and where clear company law advisory is most valuable.

How do the new Labour Codes affect salary, PF and gratuity?

This is the change that catches most businesses off guard. The new Labour Codes 2026 raise the portion of salary counted as "wages," which increases your provident fund and gratuity contributions — and can lower employees' in-hand pay.

29 Old labour laws consolidated into 4 codes
50% Minimum basic pay as share of total salary — the key rule
Nov '25 Date the codes came into force — compliance expected now
↑PF Higher basic pay = higher PF & gratuity costs for employers

What is the 50% basic pay rule?

Under the Code on Wages, the components that sit outside the definition of "wages" (mainly allowances) cannot exceed 50% of total pay. In effect, basic pay must be at least half of the total package.

The 50% Wage Rule — Visualised
Under the Code on Wages, your total CTC must now be structured as:
Basic Pay (≥50% of CTC) Allowances (≤50% of CTC)
Basic Pay ≥ 50%
Allowances ≤ 50%

Why it matters: PF (12% each — employer + employee) and gratuity are calculated on the "wages" base. A higher basic pay = higher statutory contributions = higher cost to the employer and lower take-home for the employee — but a larger retirement corpus.

What this means for you in practice:

📈
PF & Gratuity Costs Go Up

Higher basic pay raises your statutory contribution burden. This shows in your monthly cash flow, not next year.

⚠️
Old Structures Create Arrears

Salary structures not aligned to the new definition can create PF and gratuity arrears that compound quietly until an audit finds them.

💼
Lower Take-Home for Employees

Employees may see reduced in-hand pay even as their retirement corpus grows — a conversation to have before the first changed payslip.

💡 CS Insight: I treat a client's salary structure and their ESI and PF returns filing as one connected problem under the new codes. Fixing the wage definition at the source is far cheaper than cleaning up arrears later — and it is exactly the kind of work a Company Secretary is trained to handle.

Do the new Labour Codes 2026 apply to startups and small companies?

Yes. The new Labour Codes 2026 apply broadly, and many thresholds for registration, social security, and welfare are lower than business owners expect.

Startups that lean on contractors, consultants, or gig workers now have social security obligations they did not have before. The Code on Social Security extends cover to gig and platform workers for the first time — which directly affects companies using Swiggy-style delivery networks, freelance developers, or on-demand service providers.

For Early-Stage Founders: This is a good moment to fold labour law compliance into your wider mandatory compliances so you are not retrofitting it after your first funding round. Investors increasingly check labour compliance during due diligence — non-compliance is a red flag.

Why is this a boardroom issue — not just an HR task?

Because the new codes carry personal liability. Directors and officers in default can be held personally responsible for certain failures, and "we delegated it to HR" is not a strong defence.

If you have seen how fast a gap can escalate, you already understand why boards are asking their Company Secretary about this directly. There is also a transition trap: while the framework is being operationalised, parts of the old laws still apply where the new rules have not fully taken over. That grey zone is where mistakes hide — and clear company law advisory is what keeps you on the right side of it.

⚠️ Director Liability Alert: Personal liability for compliance failures is not theoretical. Directors have been penalised for ESI and PF defaults — the new codes extend this exposure. If you have not reviewed your exposure, read our guide on Director Disqualification in 2026 to understand the scale of risk.

What should businesses do now? (Compliance checklist)

Here is the order I work through with clients. You do not need to learn four codes — you need to commission the right work.

✅ Your Labour Codes 2026 Compliance Checklist
Work through these in sequence — don't skip the salary audit, it feeds everything else.
  • 1
    Audit every salary band against the new wage definition. Recalculate PF and gratuity exposure across all employee categories. Flag any salary structures where allowances currently exceed 50% of total CTC.
  • 2
    Map all state registrations and licences to the new single-window system. Flag anything close to lapsing or needing re-registration under the new code's requirements.
  • 3
    Review contractors and gig workers for newly applicable social security cover under the Code on Social Security. Classify each engagement and assess contribution obligations.
  • 4
    Update your statutory registers and minutes and align your annual ROC filings with the new framework. Labour compliance and corporate compliance are now more interlinked.
  • 5
    Brief the board on personal liability exposure under the new codes. Assign one named owner for labour law compliance — not "HR generally."
  • 6
    Update employment contracts and HR policies to align with the new definitions of wages, working hours, leave entitlements, and standing orders as required under the codes.
  • 7
    Plan employee communication before the first changed payslip. A proactive explanation of why take-home pay may change — and how the retirement corpus improves — prevents confusion and grievances.
💡 Retainership Option: Companies that prefer not to carry this in-house usually put a Company Secretary on a retainership arrangement, so the codes, ROC compliance, and routine filings all stay handled together. For an independent check that everything holds up, a secretarial audit is the right tool.

How does a Company Secretary help with labour law compliance?

A Company Secretary translates dense statutory change into a clear, prioritised compliance plan. Here is specifically what that looks like for the Labour Codes 2026:

📊
Salary Structure Audit

Reviews every pay band against the new wage definition, recalculates PF and gratuity, identifies arrears before auditors do.

📋
Registration & Filing Management

Maps state registrations to the new single-window framework, handles ESI, PF, and all related returns under the new codes.

⚖️
ROC & Corporate Alignment

Aligns annual ROC filings, statutory registers, and board minutes with the new compliance framework — treating corporate and labour compliance as one connected system.

🛡️
Board-Level Advisory

Briefs directors on personal liability exposure, assigns compliance ownership, and stands between your business and avoidable penalties.

In short, a Company Secretary is the professional who owns labour law compliance so your team does not have to become experts in it.

Practising Company Secretary · Mumbai

Mitali Tita is a Practising Company Secretary based in Mumbai, providing Company Secretary services across India. She advises companies on labour law compliance, ROC compliance, secretarial audits, and corporate governance — translating complex statutory change into clear, actionable compliance plans.

New Labour Codes 2026 — Your Questions Answered

Direct answers to the questions we hear most often about the new Labour Codes and what they mean for your business.

Yes — they are already in force. The four Labour Codes came into effect on 21 November 2025, when the government repealed the 29 older labour laws in a single notification. The final central rules were then notified in May 2026, which gives the framework its full practical force. Labour law compliance under the new codes is already expected of every business with employees.
The new Labour Codes 2026 consolidate 29 separate central labour laws into four codes: the Code on Wages (2019), the Industrial Relations Code (2020), the Code on Social Security (2020), and the Occupational Safety, Health and Working Conditions Code (2020). Laws like the Payment of Wages Act, the Minimum Wages Act, the PF Act, the Factories Act, and the Employees' State Insurance Act are all subsumed.
Under the Code on Wages, allowances and other excluded components cannot exceed 50% of total pay. This means basic pay must be at least half of the total salary package. Because PF (12% employer + 12% employee) and gratuity are calculated on this wage base, raising basic pay directly raises those statutory contribution costs. Companies that had structured packages with large allowances and small basic pay components will need to restructure them.
In-hand (take-home) pay can reduce because more of the salary is treated as wages — increasing PF and gratuity deductions from the employee's gross salary. However, the employee's retirement corpus and long-term social security benefits increase correspondingly. This is why proactive employee communication — before the first changed payslip — is an important part of the transition.
Yes — for the first time. The Code on Social Security 2020 extends social security cover to gig and platform workers in India. This is a new obligation that did not exist under the old framework. Companies that use gig workers, on-demand contractors, freelance developers, or platform-based labour must review their engagement structures and assess their social security contribution obligations.
A Company Secretary handles labour law compliance end to end — including salary-structure audits against the new wage definition, updating registrations, managing ESI and PF returns, aligning statutory registers, and briefing the board on personal liability. Mitali Tita, a Practising Company Secretary in Mumbai, provides this service pan-India — either as a one-time compliance review or through an ongoing retainership arrangement.

Get Your Labour Codes 2026 Compliance Review

If you want a straightforward labour law compliance readiness review for your company — salary audit, registration check, and a clear action plan — get in touch. We start with exactly where you stand today.

📋 Book a Compliance Review Explore Retainership Services →
This article is for general information and is not legal advice. The Labour Codes are being operationalised in stages and obligations depend on your sector, headcount, and state. Please consult a qualified Company Secretary for advice tailored to your business.