07/30/2026

Redefining The Employment Contracts With Inbuilt Cost Escalation

Redefining The Employment Contracts With Inbuilt Cost Escalation
As India's four Labour Codes reshape wages, benefits and flexible hiring, Archana Balasubramanian explains what every employer must do now - and why waiting is not an option and compliance reckoning facing every Indian employer.

How will the wage definition under the Labour Codes alter fixed vs variable pay design?

AB The Labour Codes introduce, for the first time, a uniform statutory definition of “wages” that applies across multiple central labour enactments, replacing the disparate definitions previously found in numerous statutes such as the Payment of Wages Act, 1936, the Minimum Wages Act, 1948 and the Payment of Bonus Act, 1965.

The core definition of “wages” is identical in all four Codes. Taking the Code on Wages (section 2(y)) as the base, “wages” are defined to mean all remuneration (whether by way of salaries, allowances or otherwise) expressed in monetary terms which are payable to a person in respect of his employment or of work done in such employment, and specifically include:

  • basic pay;
  • dearness allowance; and
  • retaining allowance, if any.

Certain items are expressly excluded from wages, such as statutory bonus, value of house accommodation, employer’s...

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Archana Balasubramanian

is a Partner at Agama Law Associates with over 18 years of experience advising Indian and international clients on capital markets, M&A, private equity, venture capital, and corporate matters. She also specialises in employment and labour law, advising on employment structuring, agreements, regulatory compliance (including POSH and Standing Orders), employee disputes, terminations, and workplace governance, and regularly conducts compliance workshops for management and HR teams.

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Archana Balasubramanian

is a Partner at Agama Law Associates with over 18 years of experience advising Indian and international clients on capital markets, M&A, private equity, venture capital, and corporate matters. She also specialises in employment and labour law, advising on employment structuring, agreements, regulatory compliance (including POSH and Standing Orders), employee disputes, terminations, and workplace governance, and regularly conducts compliance workshops for management and HR teams.

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