Lesson 3 of 10 · about 5 minutes

What counts as wages

The Codes' definition of wages, what it leaves out, and the 50% rule that adds excluded pay back.

Written from the official text · not reviewed by a lawyer · follows the Central Rules

Key points

  • “Wages” means all remuneration, whether as salaries, allowances or otherwise, payable to a person in respect of their employment, and includes basic pay, dearness allowance and retaining allowance s. 2(y).
  • It leaves out, among other things, statutory bonus that is not part of the terms of employment, house accommodation and amenities, the employer’s pension or provident fund contributions, conveyance allowance, special expenses, house rent allowance, overtime allowance, commission, gratuity and retrenchment compensation s. 2(y)(a)–(k).
  • The 50% rule: if the excluded payments in clauses (a) to (i) are more than one-half of all remuneration, the amount above one-half is treated as remuneration and added to wages s. 2(y), first proviso.
  • For equal pay and for paying wages, conveyance allowance, house rent allowance, remuneration under an award or settlement, and overtime allowance are counted as wages s. 2(y), second proviso.
  • Remuneration in kind counts as wages up to fifteen per cent of the total wages s. 2(y), Explanation.
  • The Code on Social Security defines wages in the same way, with the same rule on excluded payments above one-half s. 2(88).
  • Gratuity, for example, is worked out on the rate of wages last drawn s. 53(2).

If you are an employer

  • Check each pay component against the list of what wages include and leave out, and add back any excluded payments above one-half of total remuneration s. 2(y).

If you are a worker

  • Allowances that make up most of your pay cannot all be left out of your wages: the part of the excluded payments above one-half of your remuneration counts as wages s. 2(y), first proviso.

Try it

An employee is paid ₹20,000 a month as basic pay and dearness allowance, and ₹30,000 a month in allowances the definition leaves out, such as house rent allowance and conveyance allowance.

Worked example
Total remunerationCode on Wages, s. 2₹50,000
One-half of total remunerationCode on Wages, s. 2₹25,000
Excluded items above that half, added back to wagesCode on Wages, s. 2₹5,000
Wages for the CodeCode on Wages, s. 2₹25,000

Worked out by the library's own what counts as wages (50% rule) calculator when this page was built.

Check your understanding

6 questions. Choose an answer, then open “Show the answer” to check it against the law's own words.

  1. Question 1. Which of these does the definition of wages in the Code on Wages include?
    Show the answer

    Answer: Dearness allowance

    Wages include basic pay, dearness allowance and any retaining allowance s. 2(y).

    (i) basic pay; (ii) dearness allowance; and (iii) retaining allowance, if any,
    The law's words: Code on Wages, s. 2 — Definitions
  2. Question 2. Which of these does the definition of wages leave out?
    Show the answer

    Answer: Gratuity payable on termination of employment

    Gratuity payable on termination of employment is among the payments the definition of wages leaves out s. 2(y)(j).

    (j) any gratuity payable on the termination of employment;
    The law's words: Code on Wages, s. 2 — Definitions
  3. Question 3. Excluded payments are added back to wages to the extent they are more than what share of all remuneration?
    Show the answer

    Answer: One-half

    If the excluded payments in clauses (a) to (i) exceed one-half of all remuneration, the amount above one-half is added to wages s. 2(y), first proviso.

    if payments made by the employer to the employee under clauses (a) to (i) exceeds one-half, or such other per cent. as may be notified by the Central Government, of the all remuneration calculated under this clause, the amount which exceeds such one-half, or the per cent. so notified, shall be deemed as remuneration and shall be accordingly added in wages
    The law's words: Code on Wages, s. 2 — Definitions
  4. Question 4. An employee gets ₹20,000 a month in basic pay and dearness allowance, and ₹30,000 in excluded allowances. What are their wages under the Code?
    Show the answer

    Answer: ₹25,000

    Total remuneration is ₹50,000. Excluded payments above one-half of it, ₹5,000, are added back to the ₹20,000 s. 2(y), first proviso.

    the amount which exceeds such one-half, or the per cent. so notified, shall be deemed as remuneration and shall be accordingly added in wages
    The law's words: Code on Wages, s. 2 — Definitions
  5. Question 5. Up to what share of total wages does remuneration in kind count as wages?
    Show the answer

    Answer: Fifteen per cent

    Remuneration in kind that does not exceed fifteen per cent of the total wages counts as part of the wages s. 2(y), Explanation.

    the value of such remuneration in kind which does not exceed fifteen per cent. of the total wages payable to him, shall be deemed to form part of the wages of such employee
    The law's words: Code on Wages, s. 2 — Definitions
  6. Question 6. For which purposes are house rent allowance and overtime allowance taken into account as wages?
    Show the answer

    Answer: Equal wages for all genders and payment of wages

    For equal wages to all genders and for payment of wages, conveyance allowance, house rent allowance, award remuneration and overtime allowance are taken into account s. 2(y), second proviso.

    for the purpose of equal wages to all genders and for the purpose of payment of wages, the emoluments specified in clauses (d), (f), (g) and (h) shall be taken for computation of wage
    The law's words: Code on Wages, s. 2 — Definitions

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Guides

The provisions this lesson rests on

Supreme Court decisions under the earlier law

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Official text reproduced from the Gazette of India, India Code and State Government sources. This is not legal advice; check the source PDF before relying on any provision.