Payroll compliance, 2026
Payroll compliance in India, without the guesswork.
PF, ESI, professional tax and TDS on salary, as the rules stand after the labour codes, the ₹25,000 PF ceiling and the Income-tax Act, 2025. Each rule links to its official source, with the date we read it.
- The 50% wage rule
- PF on the ₹25,000 ceiling
- A monthly due-date calendar
What changed in 2025 and 2026.
Payroll in India rests on the labour codes for wages, PF, ESI, gratuity and bonus, the Income-tax Act for TDS on salary, and each state’s professional tax law. Most of them changed in the last twelve months.
The labour codes brought one definition of wages for PF, ESI and gratuity. The PF wage ceiling rose to ₹25,000. Salary paid from 1 April 2026 falls under the Income-tax Act, 2025, with new form numbers. If your payroll sheet is older than these dates, check it against each section below.
The Code on Wages came into force on 21 November 2025, by notification S.O. 5322(E) of that date.
Source: Code on Wages, 2019, commencement note (India Code), checked 18 Oct 2026
The Code on Social Security came into force on 21 November 2025, by notification S.O. 5319(E) of that date.
Source: Code on Social Security, 2020, commencement note (India Code), checked 18 Oct 2026
The EPF Scheme 2026 was published on 29 June 2026 in supersession of the EPF Scheme 1952, and came into force on publication.
Source: EPF Scheme 2026, preamble and paragraph 1(2) (Gazette, G.S.R. 525(E)), checked 18 Oct 2026
The 50% wage rule.
Under the codes, wages are basic pay, dearness allowance (DA) and retaining allowance. Allowances such as HRA are left out, but only up to half of all pay. Anything over half is added back, and PF, ESI and gratuity are worked out on the result.
An illustration: all pay is ₹50,000 a month, of which basic and DA are ₹20,000. The other payments are ₹30,000, which is ₹5,000 over half, so wages become ₹25,000.
What counts in “all pay” is not fully settled. The Ministry’s first example counted gratuity in the total; its later answer leaves gratuity and ESI out and counts the employer’s PF in. Our salary calculator follows the later answer and shows each step.
Wages include basic pay, DA and retaining allowance, and leave out bonus, HRA, conveyance, overtime, commission, the employer’s PF and some other payments.
Source: Code on Wages, 2019, s.2(y) (India Code), checked 18 Oct 2026
If the payments under clauses (a) to (i) are more than one-half of all remuneration, the amount over one-half is added to wages.
Source: Code on Wages, 2019, s.2(y), first proviso (India Code), checked 18 Oct 2026
The employer’s PF and pension contribution and statutory bonus count in all remuneration for the 50% test. Gratuity, ESI and other retirement benefits do not.
Source: Ministry of Labour, Additional FAQs, 16 Mar 2026, Q1(b), checked 18 Oct 2026
Which rules apply to you.
Most payroll duties start at a headcount. An establishment the Code on Social Security applies to must register; one already registered under another central labour law need not register again.
When each payroll law applies, read 18 October 2026
| Scheme | Applies to | The rule |
|---|---|---|
| PF (EPF, EPS and EDLI) | 20 or more employees | PF applies to every establishment with twenty or more employees.[2] source |
| ESI | 10 or more persons, where ESIC has started | ESI applies to establishments of ten or more persons, other than seasonal factories, from the date ESIC benefits start there.[2] source |
| Gratuity | 10 or more employees, or any factory | Gratuity applies to every factory, mine, oilfield, plantation, port and railway company, and every shop or establishment with ten or more employees in the last twelve months.[2] source |
| Bonus | 20 or more persons | Bonus applies where twenty or more persons were employed on any day of the accounting year.[1] source |
| Professional tax | Set by your state | Each state’s own law and slabs |
Every establishment the Code applies to must be registered; registration under another central labour law counts.
Source: Code on Social Security, 2020, s.3(1) (India Code), checked 18 Oct 2026
A smaller establishment can come under PF if the employer and most employees agree.
Source: Code on Social Security, 2020, s.1(5) (India Code), checked 18 Oct 2026
- [1] Code on Wages, 2019, commencement note (India Code), checked 18 Oct 2026
- [2] Code on Social Security, 2020, commencement note (India Code), checked 18 Oct 2026
PF: 12% and 12%.
The employee pays 12% of PF wages and the employer matches it: 8.33% to the pension scheme (EPS) and 3.67% to the employee’s EPF account. The employer also pays 0.5% for EDLI insurance and 0.5% in admin charges.
The ceiling rose from ₹15,000 to ₹25,000 on 17 September 2026, so staff earning between the two may now need enrolling. That is the employer’s job. The employer’s share is its own: it cannot be taken from the employee’s wages.
PF a month from the October 2026 wage month, as EPFO illustrates it
| PF wages (basic + DA) | Employee, 12% | Employer to EPS, 8.33% | Employer to EPF, 3.67% |
|---|---|---|---|
| ₹15,000 | ₹1,800 | ₹1,250 | ₹550 |
| ₹20,000 | ₹2,400 | ₹1,666 | ₹734 |
| ₹25,000 | ₹3,000 | ₹2,083 | ₹917 |
From 17 September 2026 (S.O. 5109(E)) the ceiling is ₹25,000 a month. EPFO’s table gives the figures above, plus EDLI and admin charges of 0.5% each.
Source: EPFO, wage ceiling FAQs, Q2 and Q13, checked 18 Oct 2026
Admin charges are at least ₹500 a month for an establishment with at least one contributing member.
Source: EPFO, wage ceiling FAQs, Q13, checked 18 Oct 2026
EPS is only for employees whose wages, on joining or on 17 September 2026, were not over ₹25,000.
Source: EPFO, wage ceiling FAQs, Q13, checked 18 Oct 2026
Above ₹25,000, contributions may generally stop at the ceiling, unless the employee contributes on higher wages.
Source: EPFO, wage ceiling FAQs, Q21, checked 18 Oct 2026
Excluded employees working on 17 September 2026 with EPF wages under ₹25,000 must be made members from that date, by the employer.
Source: EPFO, wage ceiling FAQs, Q29 and Q30, checked 18 Oct 2026
The rate is 10% instead of 12% for the class of establishments the Central Government notifies.
Source: EPF Scheme 2026, paragraph 18(2), first proviso (Gazette, G.S.R. 525(E)), checked 18 Oct 2026
The employer may not deduct the employer’s contribution from a member’s wages, whatever the contract says.
Source: EPF Scheme 2026, paragraph 21 (Gazette, G.S.R. 525(E)), checked 18 Oct 2026
ESI: 0.75% and 3.25%.
ESI is health and cash-benefit insurance run by ESIC. The employee pays 0.75% of wages and the employer 3.25%, for employees earning up to ₹21,000 a month.
Which wages ESI is worked out on is the open question. Before the codes it was gross pay, HRA included. The Ministry says the codes’ wages apply to ESI from 21 November 2025, but ESIC’s pages still describe the ESI Act, 1948, which the Code repealed. Ask your ESIC office, and keep the answer on file.
The employee’s contribution is 0.75% of wages and the employer’s is 3.25%, from 1 July 2019.
Source: ESIC, Contribution, checked 18 Oct 2026
Employees on a daily average wage up to ₹176 are exempt from their contribution; the employer still pays its share.
Source: ESIC, Contribution, checked 18 Oct 2026
The wage limit for coverage is ₹21,000 a month from 1 January 2017, and ₹25,000 for persons with disability.
Source: ESIC, Coverage, checked 18 Oct 2026
From 21 November 2025 the Code’s definition of wages applies to ESI, and the ₹21,000 limit continues for now.
Source: Ministry of Labour, Additional FAQs, 16 Mar 2026, Q12, checked 18 Oct 2026
Professional tax, state by state.
Professional tax is a state tax on employment, trades and professions. Where your state levies it, the employer deducts it from salary and pays it to the state, usually under a state registration.
Each state sets its own slabs, months and forms, and some do not levy it. We don’t list rates here because they change: use your state’s commercial tax department’s figure, or your CA’s. Some states also run a labour welfare fund.
States may tax professions, trades, callings and employments, up to ₹2,500 a person a year.
Source: Constitution of India, Article 276(1) and (2), checked 18 Oct 2026
TDS on salary.
Employers deduct income tax from salary when they pay it. In practice that means estimating each employee’s tax for the year, under the regime they chose and the declarations they gave, and spreading it over the months left.
The date of payment decides the Act: salary paid from 1 April 2026 falls under section 392 of the Income-tax Act, 2025. The deposit dates did not change. The quarterly return is now Form 138, which replaced Form 24Q, and the annual salary certificate that was Form 16 has a new number too; check it and its date with your CA.
Tax on salary is deducted at the time of payment; salary paid on or after 1 April 2026 falls under section 392(1) of the Income-tax Act, 2025.
Source: Income Tax e-filing portal, TDS compliance FAQ, Q19 and Q20, checked 18 Oct 2026
TDS is deposited by the 7th of the next month, and by 30 April for March (non-government deductors). Rule 218 of the Income-tax Rules 2026 keeps these timelines.
Source: Income Tax e-filing portal, tax payments FAQ, Q7, checked 18 Oct 2026
Form 138, earlier Form 24Q, is the quarterly TDS statement for salary.
Source: Income Tax e-filing portal, Form 138 user manual, checked 18 Oct 2026
Gratuity and bonus, in brief.
Gratuity is paid when someone leaves after five years’ service, or sooner on death, disablement or the end of a fixed term. It is 15 days’ wages for each year, on the 50%-rule wages last drawn, so a low basic no longer keeps it low. Our gratuity calculator shows each step.
Two points are not settled: which income-tax entry covers gratuity now that the 1972 Act is repealed (ask your CA), and how service just short of five years counts (ask a labour lawyer).
Statutory bonus is for employees under a wage limit their government notifies. It is paid within eight months of the year end.
Gratuity is payable after at least five years’ continuous service, but five years are not needed on death, disablement or the end of fixed-term employment.
Source: Code on Social Security, 2020, s.53(1) (India Code), checked 18 Oct 2026
For each completed year of service, or part over six months, the employer pays 15 days’ wages at the rate last drawn: for a monthly-rated employee, monthly wages ÷ 26 × 15.
Source: Code on Social Security, 2020, s.53(2) and Explanation 3 (India Code), checked 18 Oct 2026
The maximum gratuity is the amount the Central Government notifies, currently ₹20 lakh.
Source: Ministry of Labour, FAQs on Labour Codes, 30 Dec 2025, Q12, checked 18 Oct 2026
Gratuity is paid within thirty days of becoming payable, or the employer owes simple interest from that date.
Source: Code on Social Security, 2020, s.56(3) and (4) (India Code), checked 18 Oct 2026
Employees drawing wages up to the notified amount who worked at least thirty days in the year get a minimum bonus of 8.33% of wages or ₹100, whichever is higher; with an allocable surplus, up to 20%.
Source: Code on Wages, 2019, s.26(1) and (3) (India Code), checked 18 Oct 2026
Bonus is paid into the employee’s bank account within eight months of the close of the accounting year.
Source: Code on Wages, 2019, s.39(1) (India Code), checked 18 Oct 2026
Records, registers and payslips.
The Code on Wages asks for a register of employees, attendance and wages, a notice of wage rates and pay day, and a wage slip for each employee. The EPF Scheme asks for similar records and a monthly upload. Keep the working behind each month too, including what you changed for the new ceiling.
- Register of employees, muster roll and wages.
- Wage slips, one for each employee every month.
- PF and ESI challans and returns, employee by employee.
- TDS workings, declarations, proofs and quarterly returns.
- Professional tax returns for each state, and final settlements.
Every employer must keep a register of persons employed, muster roll and wages, display a notice of wage rates, wage period and pay day, and issue wage slips.
Source: Code on Wages, 2019, s.50(1) to (3) (India Code), checked 18 Oct 2026
Employers keep records of persons employed, muster roll and wages, and upload each employee’s contributions within fifteen days of the month’s end.
Source: EPF Scheme 2026, paragraph 24(2)(ix) and (x) (Gazette, G.S.R. 525(E)), checked 18 Oct 2026
Employers should keep a clear audit trail of the calculations and changes made for the new ceiling.
Source: EPFO, wage ceiling FAQs, Q46, checked 18 Oct 2026
A monthly compliance calendar.
These are the dates the law sets; when one falls on a holiday, don’t assume it moves. Our compliance calendar lists the PF, ESI and TDS dates for 2026-27 with GST, and exports them to your own calendar.
Payroll due dates, read 18 October 2026
| When | What is due | The rule |
|---|---|---|
| By the 7th | Pay last month’s salaries | Monthly wages are paid before the seventh day of the next month ends.[1] source |
| By the 7th (30 April for March) | Deposit TDS deducted from last month’s salaries | By the 7th of the next month; 30 April for March.[10] source |
| By the 15th | PF for last month, with the electronic challan-cum-return (ECR) | Both shares and admin charges, within fifteen days of the month’s end.[3] source |
| By the 15th | ESI for last month | Within 15 days of the last day of the month they fall due in.[6] source |
| 31 Jul, 31 Oct, 31 Jan, 31 May | TDS return on salary, Form 138, for the quarter just ended | Due 31 July, 31 October, 31 January and 31 May.[11] source |
| Within 42 days of each half-year | ESI return of contributions | Within 42 days of each six-month contribution period. ESIC’s monthly online filing may cover it.[13] source |
| Your state’s dates | Professional tax deducted from salaries | Set by each state |
| Within 2 working days of an exit | Final wages for someone who leaves | Within two working days of removal, retrenchment or resignation.[1] source |
- [1] Code on Wages, 2019, commencement note (India Code), checked 18 Oct 2026
- [3] EPF Scheme 2026, preamble and paragraph 1(2) (Gazette, G.S.R. 525(E)), checked 18 Oct 2026
- [6] ESIC, Contribution, checked 18 Oct 2026
- [10] Income Tax e-filing portal, tax payments FAQ, Q7, checked 18 Oct 2026
- [11] Income Tax e-filing portal, Form 138 user manual, checked 18 Oct 2026
- [13] ESI (General) Regulations 1950, regulation 26(1)(a) (ESIC), checked 18 Oct 2026
What paying late costs.
Late PF and ESI cost interest and damages, and late TDS costs interest, all growing with each month of delay. The ESI rates come from regulations made under the repealed ESI Act, which the Code keeps for now; check the current rate with ESIC.
On late PF, damages are 0.25% of the arrears a month for less than two months, 0.50% for two to four months, and 1% for more than four months, up to the amount of the arrears.
Source: EPF Scheme 2026, paragraph 23(1) (Gazette, G.S.R. 525(E)), checked 18 Oct 2026
The employer also pays simple interest, at the rate the Central Government notifies, from the date an amount fell due until it is paid.
Source: Code on Social Security, 2020, s.127 (India Code), checked 18 Oct 2026
Late ESI carries simple interest at 12% a year for each day of delay, and damages of up to 5% a year for less than two months, rising to 25% for six months or more.
Source: ESI (General) Regulations 1950, regulations 31A and 31C (ESIC), checked 18 Oct 2026
The Code repealed the ESI Act, 1948 and the Payment of Gratuity Act, 1972; regulations made under them are treated as made under the Code.
Source: Code on Social Security, 2020, s.164(1) and (2)(a) (India Code), checked 18 Oct 2026
TDS deposited late attracts interest at 1.5% a month from the date of deduction to the date of payment.
Source: Income Tax e-filing portal, TDS compliance FAQ, Q8, checked 18 Oct 2026
Where payroll software helps.
None of this is hard once. It is hard every month, for everyone, when a rule changes halfway through September.
PrimoERP’s payroll works out PF, ESI and TDS on salary each month from each employee’s salary structure, and posts them to the same books as the rest of your business. TDS is projected for the year under each employee’s regime and worked out again when declarations change.
Rates and limits are kept as data in the India pack, so a change like the September 2026 PF ceiling is a pack update. A figure a state has not notified stops the run with a clear message, never a guess.
HR and payroll on the Starter or Growth plan is ₹999 a month with 25 employees included, before GST.
- Attendance and approved leave feed loss-of-pay days.
- Payslips numbered in one series and kept as issued.
- Salaries and what you owe posted to the ledger by cost centre.
Payroll compliance questions, answered.
What is payroll compliance in India?
Paying wages on time, deducting and paying PF, ESI, professional tax and TDS on salary correctly, and keeping registers, payslips and returns. What applies depends on your headcount, wages and state.
Is PF mandatory for a business with fewer than 20 employees?
Not by law: PF applies from 20 employees. A smaller business can opt in if the employer and most of its employees agree. Once covered, employees with PF wages up to ₹25,000 a month must be enrolled.
What is the PF wage ceiling in 2026?
₹25,000 a month from 17 September 2026, up from ₹15,000. Above it, contributions may generally stop at the ceiling.
Who has to pay ESI?
Employees earning up to ₹21,000 a month (₹25,000 for persons with disability), in establishments of ten or more persons where ESIC has started. The employee pays 0.75% and the employer 3.25%.
How much is professional tax?
It depends on your state: each one sets its own slabs and dates, and some do not levy it. The Constitution caps it at ₹2,500 a person a year. Use your state’s published figure.
When is TDS on salary due?
Deposit it by the 7th of the next month, and by 30 April for March. The quarterly return on Form 138 is due 31 July, 31 October, 31 January and 31 May.
Does PrimoERP work out PF, ESI and TDS?
Yes. PrimoERP’s payroll works out PF, ESI and TDS on salary each month and posts them to the same books as the rest of your business.
— the PrimoERP team
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