One of the most important provisions under the new labour code which became effective last year for most salaried employees and workers is that the wages must account for 50% of the total CTC when calculating provident fund (PF), bonus, gratuity upon retirement or in other specified situations but this does not include gratuity on termination, and other benefits. It’s important to note that this 50% rule excludes certain components like HRA, gratuity payable on termination, retrenchment compensation, and a few others.
Additionally, the proviso to Section 2(y) states that if these exclusions exceed 50% of the total salary paid to an employee, then the amount exceeding 50% shall be deemed to be part of "wages".
This article will clarify what components are excluded and how they affect your monthly net take home salary. For most monthly salary earners, your salary is likely to come on Monday (August 31, 2026), so this article can help you know how much you can expect.
A detailed salary calculations table and workings table both are given in the later part of the article, you can read it for more detailed information. In a brief, for Rs 10 lakh CTC, your monthly take home salary can reduce by up to Rs 5286, for Rs 15 lakh CTC the monthly take home may reduce by up to Rs 7,928, for Rs 25 lakh CTC, the monthly take home may reduce by up to Rs 11,583. But do note that your net CTC is same as before, as only the take home salary is reduced due to additional contribution in PF, etc.
What are the excluded components for the 50% wage rule under new labour code
Excluded components refer to those parts of the pay that won’t be used to determine 50% of your wages for calculating PF, gratuity and other benefits. This means your employer either has to increase your basic pay or allocate more money to other ‘included’ components to ensure that your wage makes up 50% of your CTC for these calculations.
Sudhakar Sethuraman, Partner, Deloitte India, said to ET Wealth Online that Section 2(y) of the Code on Wages excludes specified components from the definition of "wages". The 50% test compares the aggregate value of the excluded items listed in clauses (a) to (i) against total remuneration.
Clauses (j) and (k), namely gratuity payable on termination of employment and retrenchment compensation, are outside the scope of this test. Sethuraman explains what the exclusions listed in clauses (a) to (i) are:
- Statutory bonus payable under any law;
- Value of accommodation and the supply of light, water, medical attendance or other amenity;
- Employer's contribution to provident fund, pension or social security schemes;
- Conveyance allowance or travelling concession;
- Sums paid to defray special expenses entailed by the nature of employment;
- House Rent Allowance (HRA);
- Remuneration payable under an award or settlement between parties or in line with a court order;
- Overtime allowance; and
- Commission.
The Ministry of Labour and Employment FAQ No. 3 dated December 30, 2025 provides the following:
"Performance-based incentives, Employee Stock Option Plans (ESOPs), variable part of the component or reimbursement-based payments to the employee shall not be part of the wages."
Sethuraman says that if the FAQ is read literally, it suggests that reimbursement-based payments are excluded from "wages". However, the FAQ addresses what constitutes wages and does not specifically discuss whether reimbursements form part of the total remuneration that is used for applying the 50% test.
Also, clause (e) of Section 2(y) clearly excludes, "any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment".
Sethuraman suggests that one perspective is that reimbursements included in an employee's pay structure may still count towards the total remuneration for the 50% test. On the other hand, legitimate business expense reimbursements, like official travel expenses incurred and reimbursed on actual basis, could be excluded from the ambit of remuneration itself.
However, this stance is not completely clear and could use some more regulatory clarification.
How net take home salary can be affected
Some organisations have kept the basic pay the same but have increased the other components to comply with the 50% rule. Meanwhile, other companies have opted to increase the basic pay to 50% of CTC and adjust calculations accordingly. It’s a good idea to check with your HR department to find out what your company has done.
A summary of the net impact on take home salary is as follows:
| CTC (in Rs) | Net In-Hand (Old labour law) | Net In-Hand (New labour code) | Monthly Reduction | Remark |
| 10 Lakh | 70,667 | 65,381 | 5,286 | Decreased take home due to PF on inclusion |
| 15 Lakh | 106,000 | 98,072 | 7,928 | Decreased take home due to PF on inclusion |
| 25 Lakh | 158,047 | 146,464 | 11,583 | Decreased take home due to PF on inclusion |
| 50 Lakh | 277,949 | 255,643 | 22,305 | Decreased take home due to PF on inclusion |
Source: Nangia & Co LLP (This calculation has assumed employer increased basic to comply with the 50% wage rule)
Key impact on employees
Avneet Singh, Associate Partner, Nangia & Co LLP explained to ET Wealth Online that the revised salary structure is expected to have the following implications:
- Increase in Basic Pay as a proportion of total remuneration.
- Higher Provident Fund (PF) contributions by both employers and employees.
- Higher gratuity liability and corresponding provisioning by employers.
- Reduction in the proportion of salary paid as allowances.
- Lower monthly take-home salary for employees due to increased statutory deductions.
- Enhanced long-term retirement savings and social security benefits.
Singh says the implementation of the new labour code is expected to have a short-term impact on employee liquidity while strengthening long-term financial security.
Singh says: “Employees may experience a reduction in monthly take-home salary owing to higher provident fund contributions; however, this will be offset by enhanced retirement savings, a larger provident fund corpus, and increased gratuity benefits over the course of their employment.”
Ultimately, the extent of the financial impact will depend on the organisation's existing salary structure, provident fund policy, and whether the additional statutory cost is absorbed by the employer or accommodated through a restructuring of the employee's overall CTC.
Is there any change in tax-exempt reimbursements and allowances between old and new labour law?
The labour codes do not determine the tax treatment of allowances, reimbursements or salary components. Taxability and exemptions continue to be governed by the Income-tax Act, 2025 and the Income-tax Rules, 2026.
Labour codes regulate the wage base that is relevant for labour and social security benefits to employees / workers, including provident fund, gratuity, bonus, employee state insurance, etc. Consequently, Sethuraman points out a component may be taxable under the income-tax law and yet be excluded from wages under labour law, or vice versa.
Therefore, the new labour code has altered the manner in which remuneration is evaluated for labour law purposes, particularly through the definition of wages and the 50% rule. It has not altered the tax treatment of salary components.
Under the new tax regime, the following benefits continue to enjoy tax exemption or concessional tax treatment, subject to prescribed conditions and limits:
1.Employer's NPS contribution
Up to 14% of Basic Salary + Dearness Allowance for all employees, including employees in the private sector.
2.Employer's Provident Fund contribution
This is tax-exempt subject to the overall annual threshold applicable to the aggregate of employer contributions to recognised PF, NPS and approved superannuation funds.
3.Meal vouchers / food coupons
Exempt up to Rs 200 per meal, subject to prescribed conditions.
4.Gratuity on retirement or termination
Exempt up to the prescribed statutory limit of ₹20 lakh.
5.Leave encashment at retirement
Exempt up to Rs 25 lakh for non-government employees.
6.Official expense reimbursements
Reimbursement of official mobile and telephone expenses and employer-provided vehicle facilities continue to receive tax treatment based on prescribed conditions and actual business usage.
Under the old tax regime, exemptions are additionally available for:
- House Rent Allowance (HRA)
- Leave Travel Allowance (LTA)
- Children's Education Allowance
- Children's Hostel Allowance
Old tax regime allows deduction for expenditure on housing loan principal repayment and interest payments, tuition fees, insurance, Mediclaim, investment in specified bonds,
Sodexo, child education, children’s hostel: Old vs New regime
| Benefit | Old regime | New regime | Remarks |
| Food coupons | Not taxable up to Rs 200 per meal | Not taxable up to Rs 200 per meal | Vouchers/ coupons non-transferable, usable only at eating joints, not encashable, during working hours |
| Children Education Allowance | Rs 3,000 per month per child up to two children is exempt from tax | Fully taxable | |
| Children Hostel Allowance | Rs 9,000 per month per child up to two children is exempt from tax | Fully taxable |
Source: Deloitte
Workings for CTC of Rs 15 lakh and Rs 50 lakh
CTC 15 lakh
| New labour code | ||||
| Component | Annual | Monthly | Percentage | Treatment in Wages |
| Basic Salary | 6,00,000 | 50,000 | 40% | Inclusion |
| HRA | 3,00,000 | 25,000 | 20% | Exclusion |
| Sodexo Meal Card | 1,05,600 | 8,800 | 7% | Inclusion |
| Special Allowance | 2,90,829 | 24,236 | 19% | Inclusion |
| Gross Earnings | 12,96,429 | 1,08,036 | ||
| Employer PF | 1,19,571 | 9,964 | 8% | Exclusion |
| Employer NPS | 84,000 | 7,000 | 6% | Exclusion |
| Total CTC | 15,00,000 | 1,25,000 | ||
| Inclusion | 9,96,429 | 66% | ||
| Exclusion | 5,03,571 | 34% | ||
| Total | 15,00,000 | 100% | ||
Source: Nangia & Co LLP
Income tax calculation for CTC 15 lakh
| Particulars | Gross amount | Net amount |
| PF (annual) | 1,19,571 | |
| Annual Gross | 12,96,429 | |
| Standard Ded | 75,000 | |
| Meal Exemption | 1,05,600 | |
| Taxable Income | 11,15,829 | |
| TDS | 51,583 | |
| 87 Rebate | 51,583 | |
| Final Tax | 0 | |
| Cess | 0 | |
| Annual Tax | 0 | |
| Gross Salary | 108,036 | |
| PF (monthly) | 9,964 | |
| Income tax | - | |
| Net In Hand | 98,072 |
CTC Rs 25 lakh
| New labour code | ||||
| Component | Annual | Monthly | Percentage | Treatment in Wages |
| Basic Salary | 10,00,000 | 83,333 | 40% | Inclusion |
| HRA | 5,00,000 | 41,667 | 20% | Exclusion |
| Sodexo Meal Card | 1,05,600 | 8,800 | 4% | Inclusion |
| Special Allowance | 5,55,114 | 46,260 | 22% | Inclusion |
| Gross Earnings | 21,60,714 | 180,060 | 86% | |
| Employer PF | 1,99,286 | 16,607 | 8% | Exclusion |
| Employer NPS | 1,40,000 | 11,667 | 6% | Exclusion |
| Total CTC | 25,00,000 | 208,333 | ||
| Inclusion | 16,60,714 | 66% | ||
| Exclusion | 8,39,286 | 34% | ||
| Total | 25,00,000 | |||
Source: Nangia & Co LLP
Income tax calculation for Rs 25 lakh CTC
| Particulars | Gross | Net |
| PF (annual) | 1,99,286 | |
| Annual Gross | 21,60,714 | |
| Standard Ded | 75,000 | |
| Meal Exemption | 1,05,600 | |
| Taxable Income | 19,80,114 | |
| TDS | 1,96,023 | |
| 87 Rebate | 0 | |
| Final Tax | 1,96,023 | |
| Cess | 7,841 | |
| Annual Tax | 2,03,864 | |
| Gross Salary | 1,80,060 | |
| PF (monthly) | 16,607 | |
| Income tax | 16,989 | |
| Net in hand | 1,46,464 |
Source: Nangia & Co LLP
