There are many potential legal issues related to compliance, from employees’ fair treatment of labor to protecting the company from absurd wage or benefit demands by trade unions or combative employees. While a company wants to adhere to all laws, legal details may easily slip through the cracks if the necessary attention is not given to them.
A company’s non-compliance with these regulations can lead to serious legal issues, including fines, penalties, and imprisonment.
The complexity of doing business has increased tremendously as you need to sync the operational and legal aspects of your organization. Statutory Payroll compliance is one of the key aspects you need to consider when you have employees working within your organization.
Payroll distribution primarily refers to the method associated with processing employee salaries. However, payroll is not just about paying salaries to employees. The Government has established many acts that organizations must follow to stay compliant.
With the help of this brief guide, we’ll discover what these acts mean for Indian companies when processing payroll. Let’s have a look at it.
What is Statutory Payroll compliance?
The word statutory means “of or related to statutes”- rules and regulations. Compliance means adherence. Thus, Statutory Compliance means adhering to rules and regulations. Statutory payroll compliance refers to following (adhering to) payroll regulations. It is the legal framework that an organization must comply with when dealing with employees. There are different state and central labor laws. The HR of the company needs to be constantly updated with Labour Laws as their nature is ever-evolving and it affects the organization at multiple levels.
If you are finding it challenging to constantly stay updated with regard to new policies that the government updates, you can seek professional help from labor law consultants like Prompt Personnel.
The Growing Complexity of Payroll Compliance in India
As of 2025, business has become more complex, and hence, businesses must seamlessly align their legal and operational components. One of the most important factors that any business with employees needs to consider is statutory payroll compliance. Payroll requirements must be followed regardless of the industry, be it manufacturing, retail, IT, or any other.
Payroll distribution, broadly speaking, is the procedure used to manage employee compensation. However, payroll is more than just paying salaries. Businesses must follow several laws and regulations passed by the Indian government to continue to comply with labor laws.
Why do we need Statutory Payroll Compliance?
It is primarily to protect the rights of the employees and ensure they get their fair share to lead a content life. This compels organizations to adhere to policies such as minimum wage. It also assures employees protection from being overburdened with work in poor conditions
By complying with these laws the organization can avoid penalties, enjoy protection from unreasonable demands from trade unions, and in general mitigate risk. These laws set by the government help companies profit from a motivated workforce. It prompts the employees to put more focus and dedication to their tasks. Plus, with these benefits in place, it is easier to attract the best talent available in the job market.
Let’s have into these acts and learn about them in brief. Keep in mind that these acts can vary from state to state.
Advantages of Statutory Compliance for the organization:
- Avoiding penalties
- Protection from arbitrary demands from trade unions
- Protects the company from legal troubles
- Helps you increase awareness related to compliance
Employee Salaries and Benefits
Payment of Wages Act
This act ensures that companies pay wages on time. Keeping wages unpaid for more than a month carries penalties. As per the provisions of the Payment of Wages Act, 1936, wages need to be paid to employees before the expiry of the 7th day of the last day of the wage period, where the number of employees is less than 1000. In case the number of employees is less than 1000, wages must be paid before the expiry of the 10th day of the last day of the wage period. The preferred mode of salary under this act is cash, cheque, or directly depositing it in the bank.
Minimum Wage Act
It is a central legislation that fixes the minimum wage rate for employees. This will differ from state to state and sector to sector. Provincial governments also take part in drafting this act. There are a number of factors that affect the minimum wage of a state, such as the cost of living, the wage period (whether it’s hourly, weekly, or monthly), and the type of job. By doing so, employers ensure their employees are not exploited, that they are remunerated for their work and that they live lives of dignity.
Bonus Payment
Under this act, workers in factories and organizations with more than 20 employees are entitled to annual bonuses. It takes into account the salaries of employees and the profits of the organization when calculating the salary.
Maternity Benefits
Women who are pregnant are eligible for fully paid leave from work under the Maternity Benefits program. Employers with more than 10 employees are subject to it. In order to qualify, female employees must have worked for the establishment for at least 80 days in the past year. Based on her average daily wage on the days she is absent, calculations are made. This is applicable to women working in factories, plantations, mines, government establishments, and any other establishment that follows the rules of the central government.
Labour Laws for Social Security and Industrial Relations
Employee State Insurance Act (ESI): This act helps employees when they face unexpected challenges. These can include medical emergencies or disability situations related to the workplace. ESI is mandatory for companies that have more than 10 employees working in a non-seasonal factory. The ESI Scheme is a self-funding program. Employer and employee contributions are primarily used to support the ESI funds, which are provided monthly at a fixed percentage of salaries received. State governments are also responsible for 1/8th of the cost of medical benefits, as stated in the FAQs. But it is only applicable to those who are earning less than or up to Rs. 21,000 per month. Each contribution cycle is of 6 months, with the employer paying 3.25% and the employee contributing 0.75%. Once the employee crosses Rs. 21,000, they are no longer applicable for ESI.
Employees Provident Fund (PF)
This is the most significant contribution to social welfare for an employee. Both the employer and the employee contribute 12% of their basic pay and DA to the employee’s retirement fund. An employee’s contribution towards their PF is eligible for tax exemption. It is mandatory for companies with more than 20 employees to comply with PF. Non-compliance with PF can result in heavy fines and, in worst-case scenarios, imprisonment.
Labour Welfare Fund Act
This act enhances the conditions of laborers in certain industries. Improving workers’ working conditions, providing social security, and improving their living standards, aim to increase their quality of life. This varies from state to state. It’s the state labor welfare board that will decide on the amount and frequency of the contribution. There are 16 Indian states where this is applicable and 21 states where it’s not. Make sure you find out whether this is applicable in your state.
Gratuity
The combination of the gratuity and provident fund creates an attractive package for the employees’ safety and welfare. As statutory compensation, gratuities are among the most important regulations for a company. It is given by the employer to an employee who has completed a minimum of 5 years in their organization.
Tax Liabilities
Tax Deduction at Source (TDS) is undoubtedly one of the most crucial parameters to adhere to. It’s suited for various streams of income, including salaries, interest, and commission. The taxation depends on the individual earnings of the company. TDS for the employee is only calculated when the individual earns more than 2.5 lakhs annually.
Statutory compliance can make or break a company’s reputation. There are tons of rules and regulations involved, and these have to be adhered to perfectly, every time. It would be a wise decision for a company to spend enough resources that can help them maintain a spotless compliance record. In order to manage the demanding regulatory environment, you can get in touch with Labour Law consulting firms that will protect you against non-compliant issues.
The Role of HR in Ensuring Statutory Compliance
Human Resource (HR) professionals need to be kept abreast of changing labor laws to stay compliant since changes affect organizations at various levels. Being up to date on any amendments to minimum wages, ESI contributions, or tax slabs is important for you.
Consulting expert advice from labor law consultants such as Prompt Personnel can assist you in being compliant conveniently if you’re unable to keep up with the government’s constant policy updates.
The Role of Labour Law Consultants in Payroll Compliance
In India, laws and regulations are constantly changing, and it can be quite challenging to manage statutory payroll compliance. Legal compliance in all ways is made possible by having experienced labor law experts such as Prompt Personnel, all without disrupting business operations.
- 100% compliance with the law without disrupting business operations.
- Proper payroll processing in accordance with statutory
- To make your business aware, give frequent reminders about labor law.
- Reducing risks and avoiding
Conclusion
In India, rules and laws keep changing, and it can be quite challenging to manage statutory payroll compliance. Spending money on payroll compliance today will spare your business legal issues and financial losses in the future.
Need expert advice? Call Prompt Personnel today for professional labor law consulting services!