Hi Team,
Could you please suggest CTC structure as per new guidelines.
E.g for an employee hired on minimum wage.
For Employee hired at 50k/month, 1 lac/month
Also, do we need to change the CTC structure for that month in which the bonus is given.
The definition of Wages is likely to bring in changes in the current salary structure, i.e., all the allowances such as LTA, HRA, OT, Conveyance etc. have to be capped at 50% of the CTC break up. If the allowance aggregate is more than 50% of the CTC, the extra amount has to be added back to the Wage except the special allowance.
The Rules for respective Codes were expected to get rolled out w.e.f 01 April 2021. As per the recent article in print media, it is likely to delay further since except Jammu & Kashmir, no other State has framed the draft rules.
To get the Rules published, it will require 30-45 days notification to seek objections if any subsequent to which it can be published and brought to effect.
As per code of wages 2019: Covers all salary components expressed in terms of money or capable of being so expressed and includes:
Basic pay.
Dearness allowance.
Retaining allowance.
Excluded:
Bonus payable under any law
Conveyance allowance
House rent allowance
Overtime allowance
Commission
Light, water, medical attendance
Value of travel concession
Amenity / service excluded by general or special order of Appropriate Government
Sum paid to defray special expenses.
Provident fund / pension contribution.
Remuneration payable under any award or settlement.
Gratuity.
Retrenchment compensation.
Limit on exclusions: 50% of total remuneration (except gratuity and retrenchment compensation).
Example:
Monthly salary of employee in INR as follows:
Basic salary: 20,000
House rent allowance: 10,000
Conveyance allowance: 8,000
Special allowance: 12,000
Total remuneration: 50,000
Applying the definition of wages:
Step 1: Cover all salary components: 50,000
Step 2: Total exclusions House rent allowance + Conveyance allowance: 18,000
Step 3: Total permissible exclusions:
50% of total remuneration : 25,000 or Step 2 : 18,000
whichever is lower: 18,000
‘Wages’ of employee for the purposes of labour codes will be INR 32,000 (50,000 less 18,000).