August 31 is here: Still confused about your salary? Why take-home pay is lower despite same CTC under new Labour Law

Under the implementation of the new labour code, a pivotal provision for salaried employees mandates that basic wages must make up at least 50% of total compensation (CTC) when computing contributions toward Provident Fund (PF), statutory bonus, and retirement gratuity. While the rule applies to standard compensation structures, it specifically omits terminal benefits like gratuity paid upon employment termination.

Crucially, Section 2(y) includes a proviso: if the collective total of specified excluded pay items exceeds 50% of an employee’s total compensation, any amount over that 50% mark will automatically be reclassified and treated as "wages."

Components Excluded from the 50% Threshold Calculation

Excluded components are salary allocations that are kept out of the core wage baseline used for determining PF, gratuity, and statutory benefits. To stay compliant, companies must ensure that "included" components comprise half of the total CTC; otherwise, they must raise the employee’s basic pay or shift allocations accordingly.

Section 2(y) uses a aggregate comparison test covering clauses (a) through (i) to evaluate total excluded remuneration against the 50% limit. Specific exclusions listed from clauses (a) to (i) include:

• Statutory bonuses payable under any applicable law
• House Rent Allowance (HRA)
• Value of housing accommodation, or utilities like light, water, medical attendance, and amenities
• Employer contributions toward provident fund, pension, or social security
• Conveyance allowances or travel concessions
• Payments made to defray specific work expenses required by employment duties
• Overtime allowances
• Commissions
• Remuneration payable under a court order, settlement, or legal award

Components in clauses (j) and (k)—namely retrenchment compensation and gratuity payable upon termination—remain outside the scope of this 50% test.

Clarifications on Reimbursements, Incentives, and Variable Pay

According to Ministry of Labour and Employment FAQ No. 3, components such as variable pay, performance-based incentives, Employee Stock Option Plans (ESOPs), and reimbursement payments are excluded from the core definition of wages.

While a strict literal reading shows that reimbursement-based pay is excluded from wages, the guidance leaves room for interpretation regarding total remuneration. Experts note two main interpretations: variable reimbursements structured into fixed pay may still count toward total remuneration for the 50% cap test, whereas legitimate, actual-expense business reimbursements (such as official travel costs) should be excluded from the broader remuneration aggregate entirely. Clause (e) of Section 2(y) explicitly supports this by excluding payments meant to cover special job-related expenses.

Impact on Take-Home Salary and Employee Benefits

To meet the mandatory threshold, employers are taking different structural approaches. Some maintain existing basic salaries while readjusting other CTC components, while others are directly elevating basic pay to equal 50% of total CTC.

Key implications of these revised salary structures for employees include:

• Higher Basic Pay Base: Basic pay makes up a larger proportion of total CTC.
• Increased Deductions: Both employee and employer PF contributions increase, alongside higher employer gratuity provisioning.
• Reduced Allowances: Non-basic salary allowances make up a smaller fraction of the pay slip.
• Lower Monthly Cash-in-Hand: Reduced take-home pay in the short term due to higher statutory payroll deductions.
• Greater Long-Term Wealth: Enhanced long-term social security and expanded retirement funds.

While the new wage rules temporarily reduce immediate monthly liquidity for workers, they ultimately reinforce long-term financial stability and retirement savings.