Summary: India's four Labour Codes came into force on 21 November 2025, replacing 29 central labour laws. The final Central Rules were notified on 8 May 2026. For MSMEs, the codes cut both ways: compliance thresholds go up and paperwork comes down, but payroll cost goes up because of the new definition of wages. This article explains what changed, which changes actually matter for a business under 300 workers, what it does to your salary structure, and a stepwise plan to get compliant in the next 90 days.

Most founders I speak to have heard the phrase "new labour codes" and filed it under "something my CA will handle."

It is not a CA problem. It is a payroll and people problem.

And it has already started. The codes are live. The Central Rules are notified. Your state is somewhere in the queue. Meanwhile every appointment letter you issue, every salary structure you design, and every exit you process is now being measured against a framework most small companies have not read.

Here is the practitioner's version. No legalese.

29 → 4central labour laws consolidated into four codes
300worker threshold for standing orders & retrenchment approval, up from 100
50%minimum share basic + DA must hold of total remuneration

1. What exactly are the four Labour Codes?

The four Labour Codes consolidate 29 separate central labour laws into a single framework. They came into effect on 21 November 2025.

Code on Wages, 2019 — one definition of wages, minimum wage for all workers, timely payment, overtime at twice the normal rate
Industrial Relations Code, 2020 — standing orders, retrenchment, fixed-term employment, dispute resolution
Code on Social Security, 2020 — EPF, ESIC, gratuity, maternity benefit, gig and platform workers
Occupational Safety, Health and Working Conditions Code, 2020 — registration, appointment letters, working hours, welfare facilities, contract labour

The Central Rules under all four codes were notified on 8 May 2026. Those rules apply where the Central Government is the appropriate government. That means banking, insurance, telecom, mines, railways, air transport, major ports and central PSUs.

Read that again if you run a factory in Bhiwandi or an agency in Andheri. You are almost certainly a state-jurisdiction establishment. Your operative rulebook is your State Rules, and states are at very different stages of notification.

This is the single most misread part of the whole transition.

2. What changed for a business with fewer than 300 workers?

The thresholds moved up, and most MSMEs now sit below them. That is the headline benefit.

Standing orders now apply at 300 or more workers, up from 100. Below 300, no certification of standing orders required.
Lay-off, retrenchment and closure need prior government approval only at 300 or more workers, up from 100.
Contract labour licensing now kicks in at 50 or more workers, up from 20.
Factory registration applies at 20 workers with power and 40 without power, up from 10 and 20.

The old 100-worker cliff was a real thing. Founders deliberately kept headcount at 95 to avoid crossing it. That fear is gone for most small firms. You can now hire past 100 without inviting a different regulatory regime.

The second benefit is administrative.

Single electronic registration
Single all-India licence, valid five years
Single return instead of multiple filings
Deemed approval if the authority does not respond in time, with faster, time-bound approvals
Far fewer registers, and all of them maintainable electronically
Inspector-cum-facilitator model, with randomised web-based inspections instead of discretionary visits
Compounding of offences, so first-time procedural lapses can be settled without prosecution
A five-year limitation period on EPF inquiries, so old claims cannot be reopened indefinitely

If you have ever spent a Tuesday chasing a licence renewal, you know what this is worth.

3. Which change actually costs you money?

The definition of wages. This is where MSMEs get hit, and most have not modelled it yet.

The codes apply one uniform definition of "wages" across all four laws. The rule is simple to state and expensive to implement:

Your excluded allowances cannot exceed 50% of total remuneration. If they do, the excess gets added back into wages.

In practice, this means basic plus DA must be at least 50% of CTC.

Most Indian MSME salary structures were built the other way round. Basic at 30% or 35%, and the rest loaded into HRA, special allowance, conveyance, LTA and a dozen other heads. That structure was designed, quite deliberately, to keep PF and gratuity liability low.

That structure no longer works.

Once basic rises to 50%, three things move at once:

EPF contribution goes up, because the contribution base is larger
Gratuity provision goes up, because gratuity is computed on the new wage base
Bonus and leave encashment go up, for the same reason

Take a simple example. An employee on ₹50,000 CTC with basic at ₹17,500. Under the codes, basic moves to ₹25,000. That is a 43% jump in the base on which PF, gratuity and bonus are calculated.

Multiply that across 60 employees and it is no longer a rounding error.

There is a second-order effect that nobody warns founders about. When basic goes up and CTC stays flat, take-home pay falls. Your employee sees a smaller number in the bank account and assumes you cut their salary. If you have not communicated this before the first restructured pay cycle, you will spend a month firefighting instead of working.

4. What new obligations did MSMEs pick up?

Higher thresholds do not mean fewer duties. Several new obligations apply regardless of size.

Appointment letters are mandatory for every worker. A prescribed format exists under the OSH Rules. Informal hiring on a WhatsApp confirmation is now a compliance gap.
Full and final settlement within two working days of an employee leaving. Not two months. Two working days.
Fixed-term employees are entitled to gratuity after one year of continuous service, not five. If you use FTE contracts for project work, provision for this now.
Fixed-term employees must get the same benefits as permanent staff doing the same work.
Women can now work night shifts across all establishments, provided they consent and the appropriate government's safety conditions are met. The OSH Code sets the principle; the specifics are filled in state by state. Maharashtra's rules, for instance, mandate transport from doorstep to workplace, minimum lighting standards, at least three women per night shift, and a 12-hour gap when switching between day and night shifts. If you operate in multiple states, check each state's rules separately — the safeguards are not uniform.
Free annual health check-ups for employees, once the government notifies the qualifying age and covered categories. The OSH Code creates the obligation in principle; construction and dock work are widely expected to be among the first categories covered, with age 40 floated as the likely threshold — but this is not yet fixed in the Central Rules as of this writing. Track the notification before you build it into your compliance calendar.
Worker re-skilling fund. On retrenchment, an employer must transfer 15 days of the worker's last drawn wages to a designated account within 45 days.
ESIC coverage extends pan-India, and is mandatory even for an establishment with a single employee engaged in a hazardous process.

None of these are hard. All of them require a system. That is exactly the gap in most MSMEs.

5. What is the honest trade-off for an MSME?

You get administrative relief and you take on financial cost. Anyone telling you it is a pure win is selling something.

Administrative dividend: fewer registers, fewer registrations, fewer inspections, higher thresholds, faster approvals
Financial cost: higher PF, higher gratuity provision, higher bonus base, accelerated FTE gratuity
Hidden cost: the transition itself, because most MSMEs are moving from informal records to structured ones

The businesses that will struggle are not the ones with the highest headcount. They are the ones with the loosest documentation. If you do not have signed appointment letters, structured attendance records, or a defined salary architecture, the codes will not simplify anything for you. They will expose you.

6. How should an MSME get compliant? A 90-day sequence

Work through these in order. Skipping the audit is where most rollouts break.

1
Week 1

Check Which Rules Actually Apply to You

Confirm whether the Central Rules or your State Rules govern your establishment. If you operate in more than one state, map each location separately. Note what is operative and what is still pending.

2
Weeks 2–3

Audit Your Salary Structure Against the 50% Test

Take every CTC band. Calculate excluded allowances as a percentage of total remuneration. Flag every band where exclusions cross 50%. This is the exercise most companies skip, and it is the one that determines the size of the problem.

3
Weeks 3–5

Rebuild the Salary Architecture

Compute the amount to be folded back into wages for each band. Redesign the structure so basic plus DA crosses 50%. Model the PF, gratuity and bonus impact before you sign off, not after.

4
Week 5

Communicate Before You Implement

Write to employees in plain language explaining why take-home is changing and why their retirement corpus is going up. This is a five-minute email that prevents a six-week attrition problem.

5
Weeks 5–8

Fix Documentation

Issue appointment letters in the prescribed format to every employee, including existing ones. Move registers to digital. Set up structured attendance, wage slips and employee records.

6
Weeks 6–8

Rewrite the Exit Process

Two-day full and final settlement is not possible with a manual process. Pre-compute leave encashment and bonus on the notice date. Build the trigger into your payroll cycle.

7
Weeks 8–10

Handle Contract Labour and Vendors

Check contractor licences against the new 50-worker threshold. Where you are the principal employer, confirm wage payment, records and social security compliance at the contractor's end. Their lapse becomes your liability.

8
Weeks 10–12

Build the Review Cadence

State rules are still being notified. Put a quarterly review in the calendar. Assign it to a named person.

7. What should you do this month?

Start with the salary audit. Everything else follows from it.

If you employ more than 20 people and you have not yet run your CTC bands against the 50% test, you are carrying an unquantified liability on your books. It is not urgent in the sense that someone is knocking on your door today. It is urgent in the sense that the number only gets larger the longer you wait, because gratuity accrues.

The founders who handle this well will treat it as a one-time infrastructure project. The ones who handle it badly will treat it as a series of emergencies.

Where Does Your Business Actually Stand?

At Kensho HR Solutions we do this work as an embedded team, not a report. Start with our free HR Health Audit to see where you stand before you commit to anything.

Take the Free HR Health Audit →
R

Ritika Modi

Founder, Kensho HR Solutions. 10+ years in HR & Operations across Amazon, nGage Talent, and Stallion Asset. MBA from NMIMS Mumbai. Ritika works with Indian SME founders to build HR infrastructure that scales — without the cost of a full-time HR department.