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The Labour Codes' 50% wages rule: what it does to PF and gratuity

The four Labour Codes came into force on 21 November 2025. One rule affects almost every salary structure: if the allowances left out of "wages" are more than 50% of total pay, the excess counts as wages. That changes PF, gratuity and bonus.

Last checked 16 October 2026, by the Huminivex HR and payroll team

What counts as wages

"Wages" means basic pay, dearness allowance (DA) and retaining allowance. Most other components (HRA, conveyance, special allowance, overtime, bonus and so on) are excluded. The exclusions have a limit: if the excluded components add up to more than 50% of total remuneration, the amount above 50% is added back to wages.

Example

Monthly payAmount
Basic₹10,000
HRA and other allowances₹15,000
Total pay₹25,000
50% of total pay₹12,500
Allowances above 50%₹15,000 − ₹12,500 = ₹2,500
Wages under the Codes₹10,000 + ₹2,500 = ₹12,500

PF and gratuity are worked out on ₹12,500, not ₹10,000. Structures where basic is already at least half of pay are not affected.

What it changes

  • PF: higher PF wages for structures with low basic, so higher contributions (up to the wage ceiling, if PF is capped).
  • Gratuity: worked out on the higher wages, so the gratuity liability grows.
  • Bonus: the bonus calculation uses the same definition of wages.
  • CTC: if employer PF is part of CTC, gross pay falls for the same CTC.

What employers are doing

  • Reviewing salary structures so that basic plus DA is at least half of total pay
  • Recomputing gratuity provisions
  • Explaining take-home changes to employees before the payroll that applies them

How HR Bingo handles it

Each pay head is marked as part of wages or not. HR Bingo applies the 50% rule every month when working out PF wages and gratuity, for months from the Codes' start date, and shows the PF wages on each payslip.

Sources

This guide explains the rules in plain words; it is not legal advice. Figures change: HR Bingo keeps statutory rates with their effective dates, and we update this page when they change.

Frequently asked questions

Does the 50% rule mean basic must be 50% of CTC?

Not exactly. The rule adds back allowances above 50% of total remuneration into wages. Many employers choose to set basic plus DA at 50% or more of pay so the structure is simple, but the law works by adding back the excess.

Is HRA counted in the 50%?

HRA is one of the excluded components, so it counts towards the excluded part that must not exceed 50%.

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