New labour laws: Do changes impact your in-hand salary and tax regime? We ask experts…

The Centre's new Labour Codes have come into effect at the start of this month, and a big concern for many is how this impacts your salary credits and, in effect, taxation. The primary change to the salary structure is a shift in focus towards long-term and retirement savings for salaried individuals, which means your current in-hand pay may take a hit.

We asked experts about the key changes to your monthly pay cheques and whether this can change which tax regime you choose in the future.

Are the new labour laws a positive step for salaried taxpayers?

Puneet Gupta, Partner, People Advisory Services - Tax at EY India, believes that the new labour codes are broadly aimed at “improving employee welfare by strengthening statutory benefits, standardising working conditions, and enhancing social security coverage”.

Jay Parmar, Co-founder and Partner at tax services firm Aurtus, feels that the changes are positive in the long run. “While they may lead to a marginal reduction in monthly take-home pay, they improve transparency and significantly strengthen retirement and social security benefits such as provident fund, pension, and gratuity. The short-term impact is higher savings, not higher taxes, which ultimately enhances long-term financial security,” he noted.

CA Chandni Anandan, Tax Expert at ClearTax, also noted that the immediate impact on salary structuring is still evolving.

From a tax perspective, SureshKumar S, Partner at Deloitte India, added that the new labour codes ensure wider and enhanced social security coverage for salaried taxpayers and help them save even more on taxes.

What are the biggest changes brought by the new labour laws?

Gupta noted that among the most significant changes is the introduction of a common definition of “wages” across the labour codes. “This definition will be used to calculate several statutory benefits such as gratuity, leave encashment, Employees’ State Insurance, and statutory bonus. Under the new framework, wages include most components of salary, subject to specified exclusions and an overall cap of 50% on such exclusions. As a result, statutory payouts—particularly gratuity—may increase for many employees, as these benefits were earlier calculated on basic salary only,” he added.

Further, individuals who qualify as “workers” under the labour codes will be entitled to certain protections such as overtime wages, leave-related benefits, and retrenchment compensation, wherever applicable. “Overall, while the precise impact will vary by workforce structure and compensation design, the codes are intended to provide more predictable and enhanced statutory entitlements over time,” Gupta noted.

Do new labour laws provide avenues for tax deductions?

Anandan noted that the new Labour Codes do not introduce any fresh income tax deductions under the Income Tax Act, 1961 (or the upcoming Income Tax Act, 2025). This means employees can continue to claim the same deductions and exemptions as before, including:

• Section 80C (investments in PPF, ELSS, life insurance, etc.)
• Section 80D (health insurance premiums)
• House Rent Allowance (HRA) exemption (available only under the old tax regime)
• Leave Travel Allowance (LTA)/Leave Travel Concession
• Other eligible allowances and perquisites under Section 10

Could changes to labour law impact your tax regime choice?

Not directly. Deductions and exemptions are governed by income‑tax laws, not by the labour codes, which focus on employment conditions, social security, and welfare benefits. “The labour codes do not, by themselves, introduce or modify income‑tax deductions or exemptions available to salaried taxpayers. Any tax benefit or deduction would flow from the Income‑tax Act and the rules notified under it, rather than from the labour codes,” Gupta stated.

Parmar added, “India’s new labour laws have altered salary structures and expanded social security coverage. They do not create new income tax deductions; they increase compulsory savings such as provident fund and pension contributions. These higher contributions would continue to enjoy tax benefits under existing income tax provisions.”

Proper tax planning is imperative amid new labour laws. Here's why

Anandan noted that the tighter definition of “wages” (where basic pay + Dearness Allowance + Retaining Allowance must account for at least 50% of CTC) limits the scope for tax-efficient allowances in the salary structure.

"Employers are restructuring CTCs by increasing the basic component, which may reduce the proportion of special allowances or reimbursements. This makes intentional tax planning even more important — focusing on available exemptions such as HRA (with proper rent receipts) and optimising investments under the old regime, or utilising the higher standard deduction in the new regime.

How do new labour laws affect in‑hand salary?

SureshKumar noted that the Labour Code may not result in any decrease in salaries. “However, the net take-home could dip where employees opt for enhanced retirement contributions and benefits in kind,” he added.

Parmar tried to contextualise the shift, noting that salaries and compensation are not being cut, but restructured. “It only changes how salary components are structured. Any reduction in the monthly in-hand pay is largely due to higher statutory contributions. For employees, this translates into greater retirement savings, higher gratuity payouts, and improved long-term financial security. Simply put, the new labour laws help secure future savings without any reduction in actual earnings,” he added.

Anandan concurred that this shift is better viewed as a reallocation of compensation rather than a net cut. “The more the salary is routed into protected, long‑term benefits, while the overall cost to the employer often remains comparable. For salaried taxpayers, the impact can be managed through smarter tax planning- leveraging investments under Sections 80C and 80D, optimising HRA and other eligible benefits, and using the new regime’s higher standard deduction- so that the tax outflow is optimised to the fullest extent,” she added.

Disclaimer: This story is for educational purposes only. The views and recommendations made above are those of individual analysts or broking companies, and not of Mint. We advise investors to check with certified experts before making any investment decisions.