Overview of the Code on Wages, 2019

Background and Objective

The Code on Wages, 2019 (hereinafter referred to as “the Code”) was enacted by the Parliament of India to consolidate and simplify the existing labour laws. The Code seeks to subsume and rationalize the following four central labour enactments:

    1. The Payment of Wages Act, 1936
    2. The Minimum Wages Act, 1948
    3. The Payment of Bonus Act, 1965
    4. The Equal Remuneration Act, 1976

The primary objective of the Code is to ensure uniformity in definitions, facilitate ease of compliance, remove multiplicity of authorities, and guarantee a minimum standard of wages and timely payment to all employees, irrespective of the wage ceiling or sector of employment.

Commencement and Extent

  • The Code on Wages, 2019 received the assent of the President of India on 8th August 2019.
  • It extends to the whole of India.
  • The provisions of the Code shall come into force on such date as may be appointed by the Central Government by notification in the Official Gazette.
  • Different States are progressing at varying speeds in finalizing and notifying their respective rules, resulting in delays in achieving uniform nationwide enforcement of the Code. As of November 2025, although the Central Government has issued the draft rules, the Code has not yet been fully brought into effect.

Applicability

The Code applies to all employees and employers across establishments in both the organized and unorganized sectors. Unlike the previous wage laws, the Code’s provisions are not limited to specific scheduled employments or wage thresholds.

Key Definitions

  • Wages [Section 2(y)]: Includes all remuneration capable of being expressed in money, payable to a person for work done, but excludes specified allowances such as house rent, conveyance, bonus, overtime, etc beyond prescribed limits.
  • Employee [Section 2(k)]: any person (other than an apprentice engaged under the Apprentices Act, 1961), employed on wages by an establishment to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and also includes a person declared to be an employee by the appropriate Government, but does not include any member of the Armed Forces of the Union
  • Employer[Section 2(l)]:

Employer includes:

    1. Occupier / manager in relation to a factory and
    2. In relation to any other establishment includes person who has control over the affairs of the est. if entrusted to Manager/MD,
    3. Contractor and
    4. Legal representative of deceased employer

Major Changes in the Provisions:

(a) Minimum Wages – [Chapter II, Sections 5–9]

    • The Central and State Governments shall fix floor wages and minimum wages based on different geographical areas.
    • Employers are prohibited from paying wages less than the notified minimum wages under Section 6.

(b) Payment of Wages – [Chapter III, Sections 15–25]

    • Wages shall be paid in current coin, currency notes, by cheque, or by credit to the employee’s bank account.
    • The time limit for wage payment:
      • Daily wage workers – at the end of the shift/day;
      • Weekly – last working day of the week;
      • Monthly – before the expiry of the seventh day of the succeeding month.
      • Fortnightly– within 2 days after the end of the period
    • Unauthorized deductions are prohibited except as permitted which shall not exceed 50% (currently in case of co-operative society-75%).

(c) Equal Remuneration – [Section 3]

    • The word “gender” has been introduced under Section 3 to promote gender equality.
    • Employers must ensure no gender-based discrimination in wages and recruitment for work of similar nature.

(d) Payment of Bonus – [Sections 26–41]

    • Every establishment covered under this code shall pay an annual bonus subject to prescribed eligibility criteria.
    • Bonus shall be at least 8.33% of the wages earned or ₹100, whichever is higher, and may extend up to 20% if the allocable surplus exceeds the minimum bonus payable.
    • The allocable surplus shall be calculated as per the code which shall be equal to 60% for banking company and 67% for other establishments of the available surplus. the available surplus shall be the amount
    •  calculated in accordance with section 33
    • Certain criteria have been listed under Section 28 which disqualifies an employee from receiving bonus under the code.

(e) Advisory Boards- [Section 42]

    • Central Government shall constitute the Central Advisory Board which shall consist of persons to be nominated by the Central Government—

(a) representing employers;

(b) representing employees which shall be equal in number of the members specified in clause (a);

(c) independent persons, not exceeding one-third of the total members of the Board; and

(d) five representatives of such State Governments as may be nominated by the Central Government.

    • Every State Government shall constitute a State Advisory Board for advising the State Government—

(a) in fixation or revision of minimum wages and other connected matters;

(b) for the purpose of providing increasing employment opportunities for women;

(c) with regard to the extent to which women may be employed in such establishments or employments as the aState Government may, by notification, specify in this behalf; and

(d) in any other matter relating to this Code, which the State Government may refer from time to time to the Board

    • The State Advisory Board and each of the committees and sub- committees thereof shall consist of persons representing employers, employees, independent persons as per sub section (6). One-third of the members referred to in sub-section (6) shall be women

(f) Inspector-cum-Facilitators – [Chapter IV, Section 51]

    • The Code introduces a system of Inspector-cum-Facilitators, tasked with advising employers on compliance and conducting inspections.

(g) Claims – [Sections 45–54]

    • Claims arising under the Code shall be addressed by an Authority notified by the Government.
    • The period of limitation for filing of claims for minimum wages, bonus, equal remuneration, etc by workers shall be 3 years.

The maximum penalty shall be limited to imprisonment up to 3 months and fine up to 1.00.000

Rule-Making Powers

Both the Central Government and the State Governments have powers to frame rules under the Code to give effect to its provisions.

The Code on Wages (Central) Rules, 2020 were published in draft, laying down procedures for:

    • Determination of floor wages;
    • Manner of wage computation;
    • Deductions, bonuses, and registers to be maintained;

Penalties & Punishments

  1. Any employer who pays to any employee less than the amount due to such employee under the provisions of this Code shall be punishable with fine which may extend to fifty thousand rupees and thereafter found guilty of similar offence within 5 years of first shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one lakh rupees, or with both
  2. Contravenes any other provision of this Code or any rule made or order made or issued there under shall be punishable with fine which may extend to twenty thousand rupees. If again found guilty of similar offence under this clause, within 5 years from the date of the commission of the first or subsequent offence, he shall, on the second and the subsequent commission of the offence under this clause, be punishable with imprisonment for a term which may extend to one month or with fine which may extend to Rs.40000/-, or with both.

Conclusion

The Code on Wages, 2019 is a landmark reform in India’s labour legislation, aimed at simplifying the wage structure, ensuring fairness, and providing a unified regulatory framework. It expands the scope of wage protection to all workers, fosters equality in remuneration, and modernizes the inspection and compliance mechanism through digitization.

The implementation is contingent on the Central Government’s notification bringing the Code into effect. Employers and HR compliance officers should align payroll systems and employment policies with the provisions of the Code to ensure readiness for immediate compliance upon notification.

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

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