A practitioner-led, fully India-native guide to running statutory payroll under the Labour Codes 2025. Includes formulas, three full worked examples (₹25K, ₹50K, ₹1L), the new ESIC wage base, compliance calendar, penalties, and a Hindi walkthrough for SMB owners.
The four Labour Codes (Code on Wages, Industrial Relations, Social Security, OSH) came into force, repealing 29 central laws. The single biggest practical impact for payroll is the new uniform wage definition: basic salary must be at least 50% of total wages, and ESIC's wage base has shifted from Gross to Basic + DA. EPF transitional provisions delay the change for now, but every other statutory calculation has been affected. This guide reflects the updated framework.
Before you calculate anything, you need to lock in the three salary numbers that drive every payroll output. Most calculation errors come from confusing these.
Under the Labour Codes 2025, allowances cannot exceed 50% of the sum of basic + DA. Excess allowance is treated as part of basic salary. This single rule reshapes most CTC structures designed before November 2025.
EPF (Employees' Provident Fund) is mandatory for all establishments employing 20 or more workers. It applies universally regardless of industry or sector. Even smaller employers can voluntarily register.
If basic+DA is at or below ₹15,000: calculate on the actual figure. If basic+DA exceeds ₹15,000: the EPS portion is capped — only ₹1,250 (8.33% of ₹15,000) goes to pension, and the entire balance of the employer 12% goes to the EPF account.
Employers also pay a small administrative charge of 0.5% of EPF wages (subject to a minimum of ₹500/month, ₹75/month for non-functional establishments). This is a true employer cost on top of the 12% employer contribution.
Employees can elect to contribute more than 12% to their EPF — this voluntary contribution earns the same EPF interest. The employer's contribution does not increase. VPF works well for tax-efficient retiral building when Section 80C still has headroom.
| Item | Amount |
|---|---|
| Employee EPF (12% of ₹20,000) | ₹2,400 |
| Employer EPS (8.33% of ₹15,000 — capped) | ₹1,250 |
| Employer EPF (₹2,400 − ₹1,250) | ₹1,150 |
| Employer admin (0.5% of ₹15,000, min ₹500) | ₹500 |
Employees' State Insurance covers medical, sickness, maternity, disablement and dependent benefits. It is mandatory for establishments employing 10 or more persons (some states notify the threshold differently). The biggest 2026 change is the wage base shift from Gross to Basic + DA.
Under the older framework ESI was computed on gross wages. From the new wage definition under the Code on Wages, ESIC's base for both eligibility and calculation has been treated as Basic + DA. This means certain employees previously above the ₹21,000 gross threshold now fall within ESI coverage when the basic + DA component lands inside the threshold.
An ESI-covered employee is eligible for ESIC dispensary & hospital coverage, sickness benefit, maternity benefit (26 weeks fully paid for the first two confinements), disablement benefit, and dependants' benefit. Employers retain the legal duty even when benefits are not actively claimed.
| Item | Amount |
|---|---|
| Employee ESI (0.75% of ₹18,000) | ₹135 |
| Employer ESI (3.25% of ₹18,000) | ₹585 |
| Total ESI deposited | ₹720 |
TDS (Tax Deducted at Source) on salary is governed by Section 192 of the Income Tax Act. The employer estimates the employee's annual income, applies the tax slab, and deducts proportionate amounts each month. The new tax regime is the default from FY 2023–24 unless the employee elects out.
Default is the new tax regime for FY 2025–26 / AY 2026–27. The employee can opt for the old regime by submitting Form 10-IEA at the start of the financial year. Once the salaried employee opts out of the new regime, switching back is restricted to once during their working life (special rule — confirm with current notification).
| Annual income | Tax rate (new regime) |
|---|---|
| Up to ₹4,00,000 | Nil |
| ₹4,00,001 – ₹8,00,000 | 5% |
| ₹8,00,001 – ₹12,00,000 | 10% |
| ₹12,00,001 – ₹16,00,000 | 15% |
| ₹16,00,001 – ₹20,00,000 | 20% |
| ₹20,00,001 – ₹24,00,000 | 25% |
| Above ₹24,00,000 | 30% |
Standard deduction for salaried employees: ₹75,000 (new regime). Health & education cess of 4% applies on the income tax + surcharge.
Apply standard deduction of ₹75,000 from gross salary income. Under Section 87A, taxable income up to ₹12,00,000 (new regime) attracts a rebate that effectively makes the tax payable nil at that level — confirm against current circulars at the time of payroll cycle.
Employees in the old regime must submit Form 12BB declaring deductions: HRA, LTA, home loan interest, Section 80C investments, Section 80D health insurance, Section 80E education loan, etc. Employers compute TDS based on declared and verified deductions. Final reconciliation happens via Form 16 at year-end.
Employers file Form 24Q quarterly for salary TDS. Form 16 (Parts A and B) is issued to employees by 15 June following the financial year. Failure to issue Form 16 attracts penalty under Section 272A(2)(g).
Three end-to-end payroll calculations using the post-21-November-2025 wage definition. All figures are illustrative; verify against your specific allowance structure and state professional tax rates.
| Component | Amount | Notes |
|---|---|---|
| Gross salary | ₹25,000 | Pre-deduction |
| Employee EPF (12% of ₹12,500) | −₹1,500 | Compulsory |
| Employee ESI (0.75% of ₹12,500) | −₹94 | Wages ≤ ₹21,000 |
| Professional tax (Maharashtra) | −₹200 | State-dependent |
| TDS (annual income ₹3 L → nil after standard deduction + rebate) | −₹0 | Below taxable |
| Net (in-hand) salary | ₹23,206 |
Employer-side cost: ₹25,000 + EPF ₹1,500 + EPS ₹1,041 (8.33% of ₹12,500) + admin ₹500 + ESI ₹406 + gratuity provisioning ≈ ₹28,500 monthly cost-to-company.
| Component | Amount | Notes |
|---|---|---|
| Gross salary | ₹50,000 | Pre-deduction |
| Employee EPF (12% of ₹25,000) | −₹3,000 | Above ₹15K wage; full 12% on ₹25K |
| Employee ESI | −₹0 | Wages above ₹21,000 — not applicable |
| Professional tax | −₹200 | Maharashtra |
| TDS estimate (annual ₹6 L → nil after rebate Section 87A) | −₹0 | New regime, taxable nil |
| Net (in-hand) salary | ₹46,800 |
Employer-side cost: ₹50,000 + EPF ₹3,000 + admin ₹500 + gratuity ≈ ₹54,700 cost-to-company. ESI not applicable since wages exceed ₹21,000.
| Component | Amount | Notes |
|---|---|---|
| Gross salary | ₹1,00,000 | Pre-deduction |
| Employee EPF (12% of ₹50,000) | −₹6,000 | Above ₹15K wage |
| Employee ESI | −₹0 | Above threshold |
| Professional tax | −₹200 | Maharashtra |
| TDS estimate (annual ₹12 L → see calc below) | −₹0 | Rebate u/s 87A nullifies |
| Net (in-hand) salary | ₹93,800 |
TDS workings under new regime: Gross ₹12,00,000 − standard deduction ₹75,000 = ₹11,25,000 taxable. Slab tax = ₹52,500. Section 87A rebate brings tax to nil for taxable income ≤ ₹12 L. Effective TDS = nil.
Employer-side cost: ₹1,00,000 + EPF ₹6,000 + admin ₹500 + gratuity provisioning ≈ ₹1,07,500 monthly cost-to-company.
The four codes implemented on 21 November 2025 introduced one structural change with cascading effect: the uniform definition of "wages." Three takeaways for payroll teams:
| Statutory item | Pre Nov 2025 | Post Nov 2025 |
|---|---|---|
| EPF base | Basic + DA | Basic + DA (transitional) |
| ESIC base | Gross | Basic + DA |
| Gratuity base | Last drawn basic | Last drawn wages (broader) |
| Bonus base | Basic + DA | Wages (broader) |
| Allowance cap | None | Max 50% of wages |
| Item | Due date | Portal / form |
|---|---|---|
| EPF deposit + ECR filing | 15th of following month | EPFO portal — ECR challan |
| ESI deposit + Return | 15th of following month | ESIC portal |
| TDS deposit on salary | 7th of following month | TIN-NSDL / e-pay tax |
| Professional tax | State-specific (10th–21st) | State tax portal |
Statutory non-compliance compounds quickly. The headline numbers below are based on current rules; refer to the underlying notification at the time of action.
SMB owners और tier-2/3 के HR/accountants के लिए — पूरा process आसान भाषा में।
Employee 12% basic+DA पर pay करता है। Employer भी 12% pay करता है — जिसमें 8.33% pension (EPS) में जाता है (max ₹15,000 wage पर ₹1,250) और बाकी 3.67% PF account में। Employer 0.5% extra admin charge भी देता है (minimum ₹500/month)।
Employee 0.75% और employer 3.25% — total 4% wages का। 21 November 2025 के बाद wages का base "Gross" से change होकर "Basic + DA" हो गया है। ₹21,000 wages से ऊपर होने पर ESI नहीं कटता, but contribution period (Apr-Sep या Oct-Mar) के बीच में cross करने पर continue रहेगा।
तीन steps में: (1) annual income estimate करें — gross salary × 12। (2) Standard deduction ₹75,000 घटाएं। (3) New tax regime के slab apply करें (₹4 लाख तक nil, फिर 5%, 10%, 15%, 20%, 25%, 30%)। Section 87A rebate से ₹12 लाख तक tax effectively nil हो जाता है। फिर 12 से divide करके monthly TDS निकालें।
Basic ₹12,500 (50%) हो तो — Employee EPF ₹1,500, ESI ₹94, PT ₹200, TDS nil → in-hand ≈ ₹23,206। Employer side पर EPS ₹1,041, EPF ₹459, ESI ₹406, admin ₹500।
EPF — 12% interest + 5–25% damages। ESI — graded damages। TDS — 1.5% per month interest + ₹200/day late fee + ₹10K-1L penalty। यानी delay महंगा है। SalaryBox जैसे automated payroll software से deadlines miss नहीं होतीं।
Three options ranked by team size:
Whichever you pick, the non-negotiable is: a monthly reconciliation between your salary register, the ECR challan, ESI return, and Form 24Q. Mismatches caught before the deadline are corrections; mismatches caught after are penalties.
Employee contributes 12% of (basic + DA), and employer contributes another 12% — split as 8.33% to EPS (capped at ₹1,250/month for ₹15,000 wage ceiling) and the balance to EPF account. Employer also pays 0.5% admin charge with a minimum of ₹500/month. Mandatory for establishments with 20+ employees.
Employee contributes 0.75% and employer contributes 3.25% of wages (Basic + DA under the Labour Codes 2025 framework, replacing the older "gross" base). ESI applies if wages are ≤ ₹21,000/month (₹25,000 for persons with disabilities). Employees crossing the threshold mid-period continue till the contribution period ends.
Estimate annual income, apply the new tax regime slabs (default), deduct standard deduction of ₹75,000, apply Section 87A rebate where eligible, multiply by 1.04 (cess), and divide by 12 for the monthly TDS amount. Form 12BB collects employee-declared deductions for old-regime users.
₹15,000 of basic + DA. EPS (pension) contribution is capped at 8.33% of ₹15,000 = ₹1,250/month. EPF (provident) accumulation continues at 3.67% of actual wages or balance after EPS cap. Voluntary contribution (VPF) is allowed above the ceiling.
No — but if wages cross ₹21,000 mid-contribution-period (Apr–Sep or Oct–Mar), ESI continues till the contribution period ends. Exit only happens at the period boundary, not immediately after the increment.
The wage definition is now uniform: basic + DA must be at least 50% of total wages, allowances cannot exceed 50%. ESIC's wage base shifted from gross to basic + DA. Gratuity and bonus bases broadened. EPF has transitional provisions delaying the immediate impact.
EPF and ESI: by 15th of the following month. TDS on salary: by 7th of the following month, with a special deadline of 30 April for March payroll. Quarterly Form 24Q TDS returns: 31 July, 31 October, 31 January, and 31 May.
Both come from the employer's 12% contribution. EPS (Employees' Pension Scheme) takes 8.33% (capped at ₹1,250/month for ₹15,000 wages) for retirement pension. EPF (Provident Fund) takes the balance (3.67% or higher) as the employee's accumulating retirement corpus.
₹75,000 from salary income. Basic exemption is ₹4,00,000. Section 87A rebate effectively nullifies tax for taxable income up to ₹12,00,000 in the new regime — confirm against the current notification at the time of payroll cycle.
Section 7Q interest at 12% per annum on the outstanding amount from due date till payment. Section 14B damages: 5% pa up to 2 months delay, 10% for 2–4 months, 15% for 4–6 months, 25% beyond 6 months. Wilful default can attract criminal prosecution under Section 14.
Basic ₹12,500 (50%) पर — Employee EPF 12% = ₹1,500, ESI 0.75% (gross पर wages अंदर हो तो) = ₹94, PT ₹200। In-hand लगभग ₹23,206। Employer side पर EPS ₹1,041, EPF ₹459, admin ₹500, ESI ₹406।
21 November 2025 के बाद Labour Codes 2025 के अनुसार Basic + DA पर — पहले Gross पर था। यह बड़ा structural change है, payroll templates update करना ज़रूरी है।
Annual income estimate करें, ₹75,000 standard deduction घटाएं, new regime slabs (₹4 L तक nil) apply करें, Section 87A rebate से ₹12 L तक nil मिलता है, फिर 1.04 (cess) × करें, 12 से divide करके monthly TDS निकालें।
दोनों — अगले महीने की 15 तारीख तक। TDS — 7 तारीख तक (March के लिए 30 April)। Late होने पर interest और penalty दोनों लगते हैं।
हाँ — basic कम-से-कम 50% होना ज़रूरी है, ESIC base Gross से Basic+DA हो गया, gratuity/bonus base broaden हुआ। In-hand थोड़ा कम हो सकता है, retiral kitty बड़ा होगा।

SalaryBox automates statutory payroll under the Labour Codes 2025 — EPF, ESI, TDS, professional tax, ECR filing, and Form 16 generation for Indian SMBs and mid-market teams.