The Code on Wages, 2019 Bill: A quick Glance.
Hello readers out there. Today we will have a quick glance on The Code on Wages,2019 Bill (hereinafter also referred to as Principal Bill). This is a bill passed by the Indian government on December 2019. Though we don't have a finalized date for implementation as of now, it is expected to be implemented very soon. In this article, we will see how it will affect the salary structure of the employees, Cost-To-Company (CTC), the take home salary and the savings plan.
A brief about the bill
The draft of this bill was first presented in Lok Sabha on 10th August 2017. After a lapse and a reintroduction of the bill along with acceptance of some changes recommended by a standing committee, the above said bill was passed in the both houses of the parliament. It was approved by Lok Sabha on 30th July, 2019 and by Rajya Sabha on 2nd August, 2019. It received the nod of the President on 8th August, 2019. With the implementation of the principal bill, the government would successfully merge the following acts while redefining some details. * Minimum Wages Act, 1948 * Payment of Wages Act, 1936 * Payment of Bonus Act, 1965 * Equal Remuneration Act, 1976
Through the implementation of this act, the government aims to draw parity between the employee and the employer and prohibits gender discrimination. The bill is applicable to whole of India. Everyone engaged in skilled, semi-skilled and unskilled are applicable under the bill. However, the bill excludes any Apprentices and Members of the Armed Forces Union. We will further see, how does it effect to draw parity between the employer and the employee.
Change in the salary structure
With the implementation of the principal act, the salary of every employee must comprise Basic Wages component at least 50% of their total CTC. CTC means the total salary earned by the employee gross of all deductions. Basic wages includes Basic Pay, Dearness Allowance (DA) and Retaining Allowance. In the current market practices, only 20-40% of the CTC is covered by basic and remaining is covered by various allowances such as House-Rent Allowance, Leave Travel Concession, Conveyance etc. The allowance part of the salary can never go beyond 50% of total CTC from 1st April. This is a major change in the past 7 decades. With this revision of the salary structure, the companies would end up paying more for PF, Gratuity as the basic pay component is set to increase. On the other hand, even though the CTC of an employee will remain the same, he/she will end up deriving less take home income in his/her hands. This is because, the basic component is increased thus he will have to contribute more to his PF account which will reduce his take home income. This bill will reduce the take home income but will mandate the employee to contribute more for his savings plan.
Impact on PF
Provident Fund (PF) is a deduction from the employee's monthly CTC. A sum is contributed by both the employer and employee towards the employee's provident fund account. Usually the contribution towards PF A/c is 12% of Basic Pay. So, when this bill is implemented, the basic component of salary would go up to 50%. With this increase in the basic pay component, the contribution towards PF will increase. With an increase in contribution to PF A/c the savings plan of the employee is benefitted well. But, if this happens, then the monthly deduction from salary towards PF will increase which will result in a reduced take home salary. So, people must be aware of this and plan their monthly expenditure budget accordingly. For Example: A person has a CTC of Rs. 1,00,000 with a basic pay of Rs. 40,000 and remaining components adding up to Rs. 60,000. The PF contribution in such a case would be 12% of Basic pay. That is, 40,000*12%= 4,800. Roughly, the take home salary without considering other deductions would be 1,00,000 – 4,800 = 95,200.
Same example with principal bill effected: CTC is Rs. 1,00,000. That would mean Basic Pay would be Rs. 50,000 and remaining components adding up to Rs. 50,000. PF is 12% of Basic Pay. That is 50,000*12%= 6000. Take home salary without considering other deductions would be 1,00,000 – 6,000 = 94,000. A net effect of 1,200 is reduced in take home salary and the same will get credited to the said person's PF A/c.
Impact on Gratuity
Gratuity is a statutory payment made by employers to such employees who have worked at least for 5 continuous with the same employer. Once the employee relieves from that employer, the employer must pay him a sum which would be equivalent to 15 working days' salary for every completed year of service. In simple terms, one would get a 15 days' salary multiplied to the number of years he served that particular employer. Salary here would mean last Basic pay + DA for the purpose of calculating gratuity payment. Since, the basic pay is increased now, the employees would end up having a higher receipt of gratuity in their pockets once they switch employer or retire. Example: Same case as above. Basic Pay is 40,000 and completed year of service is 30 years. Gratuity in this case would be 15/26 * 40,000 * 30 = 6,92,307. When the bill is effected: Basic Pay is 50,000 and completed year of service is 30 years. Gratuity here would be, 15/26 * 50,000 * 30= 8,65,384. Net of Rs. 1,73,077 is an increased receipt of gratuity with the implementation of this bill. This is a simple calculation of gratuity for those employees who are covered under the Payment of Gratuity Act, 1972.
Impact on Taxes
This would have a varied impact on taxes as many components of salary is effected to change. – Since the PF contribution is increased, the employee can claim a higher deduction under section 80C of Income Tax Act, 1961. However, maximum limit of deduction under this section is Rs. 1,50,000
- By increasing the Basic pay to 50% and limiting the remaining allowances to 50%, the receipt of HRA would be less. Since the basic is increased, the exemption of HRA from tax would be increased to a certain level. Exemption of HRA is the minimum of:
- [ ] Actual HRA Received
- [ ] 40% of Salary for non-metro cities and 50% of salary for metro cities
- [ ] Rent – 10% of Salary.
- [ ] Rent – 10% of Salary.
(Salary here would mean Basic Pay + DA)
- During the Union Budget 2021, Finance Minister Smt. Nirmala Sitharaman proposed that, the interest on employee's contribution to PF A/c will be taxed if the contribution by such employee exceeds Rs. 2,50,000. However, this was later revised to Rs. 5,00,000. Therefore, certain employees in the higher tax bracket may end up paying taxes for the interest generated for their PF contribution if the same exceeds Rs. 5,00,000. Since the PF contribution is likely to increase with the implementation of the bill. Therefore, the taxability of PF Interest must be kept in mind while doing tax planning.
### Conclusion With this implementation of the Wage Code Bill, 2019, a reform in the salary structure would take place. This bill impacts the salary structure alone and not the salary itself. This will have a varied result for varied sect of people. Those already having a salary structure with proportionately high basic pay won't be affected much. But for those having a salary structure with proportionately basic pay would have certain impacts. An expert opinion to tackle the adverse effects would be advisable. Will meet you all with another article next week. Happy reading, happy learning until then.
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