Definitions - Code on Wages
Wages
All remuneration capable of being expressed in terms of money, payable to a person employed in respect of his employment or work done.
Exclusions
- Bonus payable under any law
- Value of house accommodation, supply of light, water, medical attendance, or other amenity excluded by government order
- Employer's PF or pension contribution
- Conveyance allowance or value of travelling concession
- Sum paid to defray special expenses
- House rent allowance
- Remuneration payable under any award or settlement
- Overtime allowance
- Commission payable to employee
- Gratuity on termination
- Retrenchment compensation
Thresholds & Limits
- If exclusions exceed 50% of total remuneration, the excess amount is added back to wages. Gratuity & Retrenchment compensation are not to be included while calculating the exclusion.
Note: This 50% rule is critical - it prevents employers from structuring compensation to minimize wage-linked obligations
Employee
Any person employed on wages by an establishment to do any skilled, semi-skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work.
Exclusions
- Apprentices engaged under the Apprentices Act, 1961
Note: Unlike the old laws, there is no wage ceiling for coverage under the Code on Wages