Which HR Policies You Must Rewrite Before the Labour Codes Deadline.
Introduction
You restructured payroll the moment the new labour codes came into force. Basic pay is now 50% of CTC, you’ve recalculated PF, and your finance team has signed off. So you assume you’re compliant until an audit, an employee dispute, or a labour inspector asks to see your policy documents. And that’s exactly where most Indian companies get caught: you fixed the numbers, but you never rewrote the HR policies to match. For instance, your leave policy still quotes the old eligibility rule, the appointment letter still uses pre-code language, and the overtime policy references a nine-hour day that no longer exists. Under the labour codes, therefore, outdated policy documents aren’t just untidy they’re a compliance liability. This guide walks through exactly which policies you must rewrite before the deadline, and what each one now has to say.
What Actually Changed: The Four Labour Codes in Force
India has consolidated 29 central labour laws into four codes the Code on Wages, the Industrial Relations Code, the Social Security Code, and the Occupational Safety, Health and Working Conditions (OSH) Code. All four became law on 21 November 2025, while central and state rules are being finalised and notified through 2026.
The practical takeaway for HR is simple. Because the statutory ground under almost every policy has shifted, restructuring salaries alone no longer makes you compliant. After all, your written policies, templates, and letters are the documents that inspectors, courts, and employees actually rely on so each of the policies below now needs new language.
The 8 HR Policies You Must Rewrite Before the Labour Codes Deadline
1. Compensation and Salary Structure Policy
This is the big one. Under the unified definition of “wages,” basic pay, dearness allowance, and retaining allowance together cannot be less than 50% of total remuneration. Moreover, if your allowances exceed that ceiling, the excess is deemed wages for PF, gratuity, bonus, and leave-encashment calculations.As a result, your compensation policy must now document the 50% floor, explain how you classify each CTC component, and confirm that you calculate statutory contributions on the corrected wage base. If it still describes a structure where basic pay sits at 30–40% of CTC, then it is clearly out of date.
2. Working Hours and Overtime Policy
The daily working-hour ceiling is now 8 hours, and you must pay overtime at twice the ordinary wage rate across all sectors. Consequently, your attendance and overtime policy needs to reflect the 8-hour cap, define how you authorise and record overtime, and confirm the 2x pay rate. So rewrite any policy that still references a nine-hour standard day or discretionary overtime pay immediately.
3. Leave Policy
The codes have consolidated and revised leave rules. In particular, eligibility for annual leave now typically triggers at 180 working days (down from 240), while you must calculate earned-leave carry-forward and encashment on the corrected 50% wage base.
To stay compliant, rewrite your leave policy to confirm the updated accrual and eligibility rules, state carry-forward caps clearly, and ensure encashment uses the right wage base. Importantly, these carry-forward and eligibility terms should also flow into your appointment letters.
4. Gratuity and Fixed-Term Employment Policy
Fixed-term employees are now entitled to pro-rata gratuity without completing the old five-year continuous-service requirement, since eligibility can arise after just one year. Your gratuity and fixed-term employment policy must therefore state this entitlement explicitly, and your contracts should spell out how pro-rata gratuity accrues because the liability builds from day one of the contract.
5. Appointment Letter and Employment Contract Template
Issuing a formal appointment letter is now mandatory across all sectors. In addition, the content requirement has grown: letters must now specify the wage-structure breakdown, fixed-term gratuity entitlement, revised leave and carry-forward rules, and the 8-hour/overtime terms.
In other words, your template itself needs a rewrite rather than a refresh, and many employers are already issuing fresh letters or addenda to existing staff. A generated, code-compliant template saves hours here; for example, you can build one with the HR Letter Document Builder.
6. PF, ESI and Social Security Policy
Provident Fund and ESI contributions now follow the revised wage base, so your social-security policy should reflect that contributions are calculated on the 50% wage definition. Additionally, the Social Security Code extends coverage toward gig, platform, contract, and unorganised workers, and moves registration toward Aadhaar-based digital enrolment. Update your policy accordingly to reference the correct contribution base and the digital-registration process.
7. Women at Work, Night Shift and Safety Policy
Women may now work night shifts in any sector with their consent, provided the prescribed safety and transport safeguards are in place. Similarly, the codes emphasise annual health check-ups for employees above a specified age. You should therefore rewrite your workplace-safety and equal-opportunity policies to permit consented night work with the required safeguards, and to document the health-check obligation.
8. POSH and Grievance Redressal Policy
The codes also strengthen grievance machinery, since they expand committees with mandatory women representation. As a result, review your POSH and grievance-redressal policy to align committee composition and process with the new requirements, while keeping existing POSH-Act obligations intact. Above all, don’t assume the old committee structure still passes.
Old Rule vs New Rule: A Quick Reference
| Policy Area | Old Position | Under the Labour Codes |
|---|---|---|
| Salary structure | Basic often 30–40% of CTC | Basic + DA ≥ 50% of total remuneration |
| Daily working hours | Up to 9 hours | Capped at 8 hours |
| Overtime pay | Varied by sector | 2x ordinary wages, all sectors |
| Annual leave eligibility | 240 working days | ~180 working days |
| Gratuity (fixed-term) | 5 years continuous service | Pro-rata, eligible from 1 year |
| Appointment letter | Not always mandatory | Mandatory in all sectors, expanded content |
| Women night shifts | Restricted | Permitted with consent + safeguards |
Your Pre-Deadline Policy Rewrite Checklist
Work through these in order, and you’ll close the most common compliance gaps:
- First, audit every policy document against the four codes and flag outdated clauses.
- Next, rewrite the compensation policy to embed the 50% wage rule and correct component classification.
- Then update working-hours, overtime, and leave policies to the 8-hour day, 2x overtime, and revised leave eligibility.
- Also revise the gratuity policy to include pro-rata fixed-term entitlement.
- Rebuild the appointment-letter template and issue fresh letters or addenda to existing employees.
- Meanwhile, correct the PF/ESI and social-security policy to the new wage base and digital registration.
- Refresh safety, night-shift, POSH, and grievance policies for consent, health checks, and committee composition.
- Finally, communicate every change to employees in writing especially where take-home pay shifts.
Conclusion
Ultimately, rewriting your HR policies — not just fixing payroll — is the real test of labour-code compliance, and it’s what protects you in an audit or dispute.
The HR Policy Builder generates custom, location-specific, code-compliant policies covering compensation, working hours, leave, gratuity, and appointment letters — so you take the guesswork out of documentation that now carries real compliance risk.
Frequently Asked Questions
Compensation, working hours/overtime, leave, gratuity, appointment letters, PF/ESI, and night-shift, POSH, and grievance policies.
Law from 21 November 2025, with rules notified through 2026.
No, the written policies get audited, so they must be rewritten too.
Basic + DA must be ≥50% of total remuneration; excess allowances count as wages.
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