Labour Codes 2025 – Compliance & Risk-Mitigation Checklist | <a href="https://amlegals.com/digital-personal-data-protection-rules-2025/">AMLEGALS</a>

Labour Codes 2025 – Compliance & Risk-Mitigation Checklist

Effective from:

Prepared by: – Labour & Employment Advisory on Compliance

This checklist is designed for employers across sectors (MSMEs, large enterprises, gig platforms, manufacturing, IT/ITES, logistics, retail) to align with the Four Labour Codes through a clear Obligation → Control → Evidence framework.

I. Code on Wages, 2019

Uniform wage definition, floor wages, equal pay, timely payment

1. Uniform Wage Structure

Obligation: Adopt the statutory wage definition (Basic + Dearness Allowance + Retaining Allowance ≥ 50% of total remuneration).

Controls:

  • Redesign CTC structures and revise salary templates in line with the new wage definition.
  • Update payroll software configurations for inclusions and exclusions as per the Code.
  • Standardise calculations for overtime, bonus, and all wage-linked benefits.

Evidence:

  • Revised CTC letters and employment contracts.
  • Payroll configuration logs and change records.
  • Updated HR manuals and wage policy documents.

2. Floor Wage Compliance

Obligation: Ensure wages do not fall below the notified national floor wage and applicable state minimum wages.

Controls:

  • Maintain a state-wise wage matrix with floor wage and minimum wage benchmarks.
  • Configure payroll with automated red-flag triggers for any wage below the statutory threshold.

Evidence:

  • Wage registers and individual pay slips.
  • Internal payroll audit reports and exception logs.

3. Equal Remuneration

Obligation: Prohibit gender-based discrimination in wages and employment conditions and ensure equal pay for equal work.

Controls:

  • Adopt gender-neutral role classifications and job descriptions.
  • Conduct periodic pay-gap and role-comparator audits.

Evidence:

  • Audit reports on pay parity and remedial actions.
  • Role-mapping and comparator matrices.

4. Timely Wage Payment

Obligation: Adhere to statutory timelines for wage, overtime, and separation payments.

Controls:

  • Automate disbursement schedules through HRMS and banking integrations.
  • Define internal cut-off dates for approvals and payroll inputs.

Evidence:

  • Bank transfer proofs and payment advice records.
  • Payroll run logs and payment reconciliation statements.

II. Code on Social Security, 2020

EPF, ESI, gratuity, gig worker coverage, unorganised worker registry

5. Universal Social-Security Onboarding

Obligation: Provide social security coverage (such as EPF, ESI and other schemes) to eligible employees, contract labour, gig and platform workers, including Aadhaar-linked identity and accounts.

Controls:

  • Create or map a Universal Worker ID for all categories of workers.
  • Integrate HRMS with ESIC/EPF portals for automated enrolment and monthly contributions.
  • Implement contractor onboarding protocols requiring proof of social-security registration.

Evidence:

  • ESIC and EPF challans and contribution statements.
  • Contractor declarations and compliance certificates.
  • Worker-wise enrolment and contribution registers.

6. Gratuity for Fixed-Term Employees

Obligation: Extend gratuity eligibility to fixed-term employees who have completed one year of service as per the Code.

Controls:

  • Track tenure and contract type in HRMS for all fixed-term employees.
  • Configure auto-trigger for gratuity computation upon completion of one year.

Evidence:

  • Tenure and contract-type reports.
  • Gratuity computation sheets and payment proofs.

7. Gig and Platform Worker Coverage

Obligation: Contribute to notified welfare and social security schemes for gig and platform workers.

Controls:

  • Develop a classification matrix for gig, platform, employee and hybrid roles.
  • Implement API-based contribution calculators linked to transaction volumes or earnings.

Evidence:

  • Records of contributions to welfare funds.
  • Scheme enrolment lists and confirmations.

8. Contract Labour and Unorganised Worker Registration

Obligation: Issue appointment letters and maintain accurate records for contract and unorganised workers, as per the Code and allied rules.

Controls:

  • Use standardised contractor agreements mandating issuance of appointment letters and statutory benefits.
  • Maintain daily muster rolls with geo-tagged or digital attendance where feasible.

Evidence:

  • Digital copies of appointment letters and engagement contracts.
  • Muster rolls and attendance registers.

III. Occupational Safety, Health and Working Conditions (OSHWC) Code, 2020

Working hours, workplace safety, health checks, migrant workers

9. Working Hours and Overtime

Obligation: Comply with prescribed working hours (generally 8 hours per day and 48 hours per week) and treat overtime with consent at twice the ordinary rate of wages.

Controls:

  • Implement time-tracking systems and geo-location attendance where relevant.
  • Set up a digital overtime request and approval workflow with clear thresholds.

Evidence:

  • Attendance and time-sheet logs.
  • Overtime approval records and payment registers.

10. Annual Health Check-Ups

Obligation: Provide free annual health examinations to workers as required under the OSHWC framework.

Controls:

  • Enter into arrangements with empanelled healthcare providers.
  • Publish and monitor annual health check-up schedules.

Evidence:

  • Certificates and reports from health check-ups.
  • Invoices and documentation from health service providers.

11. Workplace Safety and Hazard Control

Obligation: Ensure compliance with safety, health, and working condition standards for all establishments, particularly for hazardous processes.

Controls:

  • Prepare site-specific safety plans and emergency response procedures.
  • Conduct regular safety drills and toolbox talks.
  • Maintain records of provision and usage of personal protective equipment (PPE).

Evidence:

  • Safety audit and inspection reports.
  • PPE issue registers and stock records.
  • Incident and near-miss logs.

12. Migrant Worker Registry

Obligation: Maintain records and provide protections to inter-state migrant workers as specified under the Code.

Controls:

  • Capture state of origin and migration status during onboarding.
  • Ensure portability of benefits and proper accommodation where applicable.

Evidence:

  • Migrant worker registry and onboarding forms.
  • Benefit and accommodation records.

IV. Industrial Relations Code, 2020

Dispute resolution, unions, standing orders, retrenchment

13. Standing Orders (for Applicable Establishments)

Obligation: Establishments meeting the prescribed threshold must draft, submit, and obtain certification of standing orders.

Controls:

  • Map roles, categories, shifts, and disciplinary procedures into a structured standing order document.
  • Ensure harmonisation between standing orders, HR policies, and employment contracts.

Evidence:

  • Certified copy of standing orders.
  • Proof of display and communication to workers.

14. Retrenchment and Lay-Off Permissions

Obligation: Follow statutory procedures for notice, compensation, and government permissions where mandated.

Controls:

  • Adopt a retrenchment and lay-off checklist and internal legal review protocol.
  • Implement a standard compensation calculator aligned with statutory norms.

Evidence:

  • Copies of notices, permissions, and communications with authorities.
  • Severance and compensation calculation sheets and payment records.

15. Dispute Resolution Mechanism

Obligation: Constitute works committees or grievance redressal committees and adopt mechanisms for early dispute resolution.

Controls:

  • Set up a digital grievance portal with defined triage and resolution timelines.
  • Appoint committee members and define their roles, powers, and procedures.

Evidence:

  • Minutes of committee meetings and decisions.
  • Grievance logs showing closure and remedies.

16. Union Relations and Collective Bargaining

Obligation: Recognise negotiating unions or councils and engage in collective bargaining as provided under the Code.

Controls:

  • Maintain a map of recognised unions and their authorised representatives.
  • Establish consultation protocols for major workplace changes.

Evidence:

  • Records of meetings, negotiations, and collective agreements.
  • Correspondence with recognised unions or worker bodies.

V. Cross-Cutting Risk Controls

17. Policy Framework Upgrade

  • Update HR Manual and Employee Handbook.
  • Adopt a Working Hours and Overtime Policy aligned with the Codes.
  • Formalise Safety and Health Policy and OSH governance structure.
  • Revise Gratuity, Benefits, and Leave Policies.
  • Implement Contractor and Vendor Management SOP.
  • Adopt a Gig-Worker Engagement Policy where relevant.
  • Document a Dispute Resolution and Grievance Redressal SOP.

18. Digital Compliance Infrastructure

  • Deploy a single-window HRMS integrating attendance, payroll, and compliance.
  • Implement digital attendance with time and, where appropriate, location stamps.
  • Maintain statutory registers and returns in digital, audit-ready formats.
  • Integrate ESIC and EPF systems for seamless monthly filings.

19. Contractor and Vendor Oversight

  • Define pre-qualification checks and documentation requirements for contractors.
  • Obtain monthly compliance certificates and verify contribution proofs.
  • Conduct periodic audits of wage payments to contract labour.

20. Board-Level Labour-Compliance Dashboard

  • Track workforce mix (employee, contract, gig, platform) and coverage ratios.
  • Monitor social-security enrolment and contribution compliance.
  • Surface safety incidents, near-misses, and remediation status.
  • Review overtime usage, attrition, and dispute trends.

VI. Enterprise-Level Risk Mitigation Matrix

Area Risk Control Evidence
Wages Misclassification of wage components; non-payment or underpayment. Wage-matrix in payroll; automated checks and approvals. Payslips, wage registers, payroll audit reports.
Social Security Missing or delayed contributions; incomplete coverage. Automated monthly debit and reconciliation; universal worker onboarding. ESIC/EPF challans, contribution statements, exception logs.
Safety and OSH Accidents, occupational illness, regulatory non-compliance. Safety audits, drills, PPE programme, incident reporting system. Audit reports, incident logs, PPE registers.
Gig and Platform Workers Misclassification and non-compliance with welfare schemes. Role classification matrix; scheme-mapped contribution engine. Welfare fund contributions, enrolment records.
Industrial Relations Strikes, disruptions, or prolonged disputes. Proactive engagement with unions; grievance redressal mechanisms. Minutes of meetings, grievance logs, settlement agreements.
Retrenchment and Lay-Off Procedural lapses, challenges before authorities, reputational damage. Standard operating procedure, legal review, and approvals. Notices, permissions, compensation sheets, payment records.

VII. Implementation Roadmap (30–60–90 Days)

First 30 Days

  • Redesign wage and CTC structures in line with the Code on Wages.
  • Commence universal social-security onboarding for all eligible workers.
  • Regularise contractor documentation and appointment letters.
  • Conduct a baseline safety and OSH audit across sites.

Within 60 Days

  • Rewrite and approve all core labour and employment policies.
  • Automate payroll, attendance, and statutory compliance workflows.
  • Launch annual health check-up programmes.

Within 90 Days

  • Deploy a board-level labour compliance dashboard.
  • Complete a workforce classification audit (employee, contract, gig, platform).
  • Implement or update standing orders for eligible establishments.
  • Consolidate a central evidence repository for inspections and audits.

VIII. AMLEGALS – Advisory on Compliance Framework

  • Labour Codes Transition Audit and compliance gap-mapping.
  • Evidence-based compliance framework for wages, social security, OSH, and industrial relations.
  • Gig and platform worker classification and compliance evaluation.
  • Workforce classification opinion and documentation (employee vs contract vs gig).
  • Policy and contract redrafting suite aligned to the Labour Codes.
  • Industrial relations and dispute-prevention strategy for 2025 and beyond.
  • Design of HRMS and payroll compliance architecture with statutory registers.
  • Retrenchment, lay-off, and reorganisation protocols for legally defensible transitions.

IX. Key Risks and Forward-Looking Watchpoints

  • Updates to national floor wage and state-specific minimum wages and their impact on cost structures.
  • Operationalisation of gig and platform worker welfare schemes and enforcement intensity.
  • Regulatory focus on hazardous industries and high-risk processes under OSH.
  • Scrutiny of retrenchment, fixed-term employment, and contract labour arrangements.
  • Industrial relations friction where restructuring and cost-optimisation are planned.
  • Readiness of digital evidence (registers, logs, dashboards) for inspections and audits.

Organisations that treat this transition as an opportunity to formalise, digitise, and evidence their labour practices will significantly reduce legal, operational, and reputational risk under the new regime.

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