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Automotive & Auto Ancillary

City Snap

EPF, ESIC, and the New Wage Code Impact

The implementation of the Code on Wages, 2019 (CoW) and the Code on Social Security, 2020 (CoSS) is poised to fundamentally restructure payroll costs and compliance in the Automotive and Auto Ancillary sectors, particularly affecting their high reliance on allowances and contract labour.

The Single Biggest Impact: The New Definition of 'Wages'

The Code on Wages, 2019 introduces a uniform, expanded definition of 'Wages' that directly increases the base for calculating statutory contributions like EPF and ESIC.

The 50% Rule for Statutory Benefits

The New Wage Code mandates that Basic Pay + DA + Retaining Allowance must form at least 50% of total remuneration, and any excess allowances will automatically be reclassified as “Wages.” For automakers and ancillary units—who traditionally used low basic pay and high allowances to minimize PF and Gratuity outflows—this is a major shift. The new rule makes such structures non-compliant, requiring companies to redesign their salary frameworks to maintain the mandatory 50% wage ratio. This change significantly increases statutory liabilities and demands a complete overhaul of compensation policies across the automotive sector.

Increased EPF and ESIC Liability

Raising the “Wages” component to the mandatory 50% of CTC significantly increases the contribution base for both EPF and ESIC. Even with the ₹15,000 PF wage ceiling, monthly EPF/EPS contributions rise—and for employees without the ceiling (or under voluntary higher PF), the increase is substantial. Similarly, ESIC contributions escalate for all employees earning below the ₹21,000 eligibility limit, as their revised “Wages” now form a larger share of their pay. Together, these changes create a higher recurring statutory cost for employers, directly impacting payroll budgets and cost planning.

Impact on Gratuity

With the New Wage Code raising the “Wages” base to at least 50% of CTC, gratuity payouts will rise sharply because gratuity is calculated on the last drawn wages. This directly increases the lump-sum liability for every long-serving employee. Additionally, the new law grants Fixed-Term Employees (FTEs) full gratuity eligibility after just one year of continuous service—down from the earlier five-year requirement. Since the automotive and ancillary industries rely heavily on FTEs to manage production cycles, this creates a substantial new financial obligation and long-term provisioning requirement for employers.

Expanded Coverage and Compliance Under the New Codes

The Code on Social Security, 2020 broadens the scope of coverage, especially for the high-turnover contract workforce common in manufacturing.

Pan-India ESIC Applicability

Under the New Labour Codes, ESIC coverage becomes uniform across India, eliminating the older concept of “notified areas.” This means any establishment that meets the employee threshold is mandatorily covered, regardless of location. For units involving hazardous processes—such as painting, welding, or chemical handling in the auto and ancillary sector—ESIC applies even with fewer than 10 employees. This expands ESIC liability across all facilities and requires immediate compliance readiness for previously exempt locations.

Contract Labour Liability Reinforcement

The New Labour Codes strengthen Principal Employer accountability, making auto manufacturers ultimately responsible for ensuring that contractor-deployed workers receive all statutory benefits—EPF, ESIC, minimum wages, and even gratuity. This means that any failure by the contractor becomes a direct liability for the auto company. To avoid penalties and backdated demands, manufacturers must adopt strict digital oversight, embed stronger liability clauses in contractor agreements, and verify—on a monthly basis—that contractors have correctly remitted EPF and ESIC for every worker on-site. This marks a significant compliance escalation for the auto and ancillary sector.

Actionable Compliance Requirements

1

Salary Structure

Many auto and ancillary companies still structure salaries with Basic Pay below 50% of CTC, which is no longer compliant under the New Wage Code. The law mandates that Basic Pay + DA must be at least 50% of total remuneration, forcing an immediate payroll restructuring. Failure to comply exposes employers to retrospective PF and Gratuity liabilities, triggering significant financial risk across the entire workforce.

2

EPF/ESIC Base

Under the New Wage Code, EPF and ESIC contributions can no longer be calculated on artificially low Basic Pay. Contributions must now be based on the deemed “Wages”, which must equal 50% of CTC. This shift directly increases the statutory cost for employers, raising both EPF and ESIC liabilities across all eligible employees.

3

Fixed-Term Staff

The New Wage Code grants full gratuity eligibility to Fixed-Term Employees (FTEs) after just one year of continuous service, ending the earlier five-year requirement. This removes the cost advantage companies once relied on when using FTEs to bypass long-term benefits. As a result, the overall cost of hiring fixed-term staff increases significantly, giving them near-parity with permanent employees and requiring companies to reassess their workforce planning and budgeting.

4

ESIC Coverage

ESIC coverage is no longer restricted to select “notified areas.” Under the New Labour Codes, ESIC applies across all locations nationwide as soon as the employee threshold is met. This dramatically expands the compliance scope, requiring companies to incorporate ESIC obligations into every operational site, including previously exempt or remote facilities.