Key Takeaway
Indian employers must comply with 6 core statutory obligations: EPF, ESIC, Professional Tax (PT), Labour Welfare Fund (LWF), Gratuity, and minimum wage regulations. Non-compliance penalties range from ₹10,000 to ₹5 lakh per violation, with repeat offenders facing imprisonment. This guide provides a complete 2026 compliance checklist with contribution rates, due dates, applicability thresholds, and state-wise variations.
Statutory compliance in India refers to the legal framework of labour laws, tax regulations, and social security obligations that every employer must follow. With 44 central labour laws now consolidated into 4 labour codes, the compliance landscape is evolving rapidly.
Failure to comply carries serious consequences: financial penalties, criminal prosecution, debarment from government contracts, and reputational damage. According to government data, over 60% of labour law violations in India relate to non-payment or late payment of PF and ESIC contributions.
Whether you manage 10 employees or 10,000, this checklist covers every statutory obligation with actionable deadlines and contribution rates for 2026.
| # | Compliance Area | Applicability | Employer Share | Employee Share | Due Date |
|---|---|---|---|---|---|
| 1 | EPF (Provident Fund) | 20+ employees | 12% of basic + DA (3.67% EPF + 8.33% EPS) | 12% of basic + DA | 15th of following month |
| 2 | ESIC (Employee State Insurance) | 10+ employees (wages ≤ ₹21,000/month) | 3.25% of gross wages | 0.75% of gross wages | 15th of following month |
| 3 | Professional Tax (PT) | State-specific (all salaried employees) | Varies by state | Up to ₹2,500/year | Monthly / Half-yearly (state-specific) |
| 4 | Labour Welfare Fund (LWF) | State-specific | ₹12-₹60 per employee (varies) | ₹2-₹25 per employee (varies) | Half-yearly (Jun 30, Dec 31) |
| 5 | Gratuity | 10+ employees | 4.81% of basic (funded) | Nil | On separation (after 5 years) |
| 6 | Minimum Wages | All employers | As per central/state notification | N/A | Reviewed every 5 years |
The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 mandates provident fund coverage for establishments with 20 or more employees. Under this framework, both the employer and employee contribute 12% of the employee’s basic salary plus dearness allowance.
| Component | Employer % | Employee % | Purpose |
|---|---|---|---|
| EPF (Provident Fund) | 3.67% | 12% | Retirement savings |
| EPS (Pension Scheme) | 8.33% | Nil | Monthly pension after 58 |
| EDLI (Insurance) | 0.50% | Nil | Life insurance coverage |
| Admin charges | 0.50% | Nil | EPFO administrative costs |
| Total | 13% | 12% |
The Employees’ State Insurance Act, 1948 provides health insurance and social security benefits. It applies to establishments with 10 or more employees where any worker’s monthly wage does not exceed ₹21,000 (₹25,000 for persons with disability).
Professional Tax (PT) is a state-level tax levied on salaried employees and professionals. Each state has different rates, slabs, and filing requirements. The maximum PT allowed under the Indian Constitution is ₹2,500 per year.
| State | Monthly Salary Threshold | Max PT/Month | Filing Frequency |
|---|---|---|---|
| Maharashtra | ₹7,500+ | ₹200 (₹300 in Feb) | Monthly |
| Karnataka | ₹15,000+ | ₹200 | Monthly |
| Tamil Nadu | ₹21,000+ | ₹208 | Half-yearly |
| Telangana | ₹15,000+ | ₹200 | Monthly |
| West Bengal | ₹10,000+ | ₹150 | Monthly |
| Gujarat | ₹12,000+ | ₹200 | Monthly |
| Andhra Pradesh | ₹15,000+ | ₹200 | Monthly |
| Madhya Pradesh | ₹18,750+ | ₹208 | Monthly |
Note: States like Delhi, Haryana, Uttar Pradesh, and Rajasthan do not currently levy professional tax. Always verify the latest state-specific rates as they are subject to periodic revision.
The Labour Welfare Fund (LWF) is a state-administered fund for worker welfare programmes including housing, education, and healthcare. Not all states have LWF provisions, and contribution amounts vary significantly.
| State | Employer Contribution | Employee Contribution | Due Date |
|---|---|---|---|
| Maharashtra | ₹18 per employee | ₹6 per employee | Jan 15 / Jul 15 |
| Karnataka | ₹40 per employee | ₹20 per employee | Jan 15 / Jul 15 |
| Tamil Nadu | ₹20 per employee | ₹10 per employee | Jan 15 / Jul 15 |
| Gujarat | ₹12 per employee | ₹6 per employee | Jan 15 / Jul 15 |
| Madhya Pradesh | ₹60 per employee | ₹25 per employee | Jan 15 / Jul 15 |
| Telangana | ₹25 per employee | ₹10 per employee | Jan 15 / Jul 15 |
| West Bengal | ₹15 per employee | ₹3 per employee | Jul 15 / Jan 15 |
Labour law violations in India carry both financial penalties and criminal liability. Below is a penalty summary to help employers understand the stakes of non-compliance.
| Violation | First Offence Penalty | Repeat Offence Penalty |
|---|---|---|
| Late PF payment | 12% interest p.a. + damages (5%-100%) | Up to 1 year imprisonment + ₹5 lakh fine |
| Non-registration under ESIC | ₹50,000 fine | Up to 2 years imprisonment |
| Non-payment of minimum wages | ₹50,000 fine | Up to 3 months imprisonment + ₹1 lakh fine |
| Gratuity non-payment | ₹10,000 fine or 6 months imprisonment | Up to 2 years imprisonment |
| Professional tax default | 1.25% interest per month on outstanding | Penalty up to 50% of tax due |
| LWF non-contribution | ₹5,000-₹15,000 fine | Up to 1 year imprisonment |
India’s parliament has consolidated 44 existing labour laws into 4 new labour codes that are expected to reshape employer obligations when notified:
1. Code on Wages, 2019
Establishes a universal minimum wage floor, standardizes wage definitions, and ensures equal remuneration for equal work. Employers must ensure that no employee receives less than the floor wage set by the central government.
2. Industrial Relations Code, 2020
Introduces fixed-term employment as a formal category, modifies standing order requirements for establishments with 300+ workers, and revises strike and lockout provisions. Fixed-term employees receive the same benefits as permanent employees.
3. Code on Social Security, 2020
Extends PF, ESIC, and gratuity coverage to gig workers and platform workers. Creates a social security fund for unorganized sector workers. This broadens the employer compliance net significantly.
4. Occupational Safety, Health and Working Conditions Code, 2020
Consolidates 13 occupational safety laws into one framework. Mandates annual health checkups for workers above 40 years, caps working hours at 8 hours per day, and introduces provisions for women to work in night shifts with adequate safety measures.
| Date | Compliance Activity | Applicable Law |
|---|---|---|
| 7th of month | TDS deposit for previous month | Income Tax Act |
| 10th of month | Professional Tax payment (most states) | State PT Act |
| 15th of month | EPF contribution + ECR filing | EPF Act, 1952 |
| 15th of month | ESIC contribution payment | ESI Act, 1948 |
| 21st of month | ESIC challan filing | ESI Act, 1948 |
| January 15 / July 15 | LWF contribution (half-yearly) | State LWF Act |
| November 11 / May 11 | ESIC half-yearly return | ESI Act, 1948 |
| April 30 | EPF annual return (Form 3A/6A) | EPF Act, 1952 |
Managing statutory compliance across multiple states and employee categories is complex. Here is why many Indian employers choose to outsource compliance management:
IT and Technology Companies
IT companies often employ a mix of permanent, contract, and gig workers. Key compliance challenges include ensuring PF applicability for high-salary employees (wage ceiling debates), managing ESIC for support staff, and handling professional tax in states where IT parks have special provisions.
Manufacturing and Industrial Units
Factories face additional obligations under the Factories Act, including working hour restrictions, overtime calculations, and occupational health requirements. Contract staffing through compliant providers helps manufacturing firms maintain compliance for their temporary workforce.
Startups and SMEs
Startups often overlook compliance obligations until they cross the 10-employee (ESIC) or 20-employee (EPF) threshold. Early compliance setup prevents backdated liabilities that can amount to lakhs in penalties and interest.
Last Updated: March 2026
Every Indian employer with 10 or more employees must comply with EPF (if 20+ employees), ESIC (if any employee earns ≤ ₹21,000/month), Professional Tax (state-specific), Labour Welfare Fund (state-specific), Gratuity (if 10+ employees), and minimum wage regulations. Additional obligations include TDS, shop and establishment registration, and the Apprenticeship Act compliance for companies with 30+ employees.
Failure to register under EPF attracts retrospective contributions from the date of applicability plus 12% annual interest and damages of 5% to 100% of arrears. For ESIC, non-registration carries a fine of ₹50,000 for the first offence and up to 2 years of imprisonment for subsequent violations.
The 4 new labour codes consolidate 44 existing labour laws and introduce several changes: universal floor wage across India, mandatory social security for gig workers, fixed-term employment with equal benefits, simplified registration through a single licence, and revised working hour provisions. Employers should prepare for these changes by auditing their current compliance frameworks.
Not always. While EPF is mandatory for establishments with 20+ employees, companies can voluntarily register for PF with fewer employees. Moreover, once registered, de-registration is extremely difficult. Also, if a company has ever crossed the 20-employee threshold, PF obligations continue even if headcount drops below 20.
No. Professional tax is levied only by states that have enacted PT legislation. States like Delhi, Haryana, Uttar Pradesh, and Rajasthan currently do not levy professional tax. States like Maharashtra, Karnataka, Tamil Nadu, Telangana, Gujarat, West Bengal, Andhra Pradesh, and Madhya Pradesh actively enforce PT with varying rates and slabs.
Need help managing statutory compliance across multiple states? Contact TMS for a free compliance audit — we handle EPF, ESIC, PT, LWF, and all regulatory filings for 1,000+ companies across India.
About the Author
Abhijit Divekar is the Managing Partner of Team Management Services (TMS), with 19+ years of experience in HR outsourcing, contract staffing, and statutory compliance across India. He has helped 450+ companies build compliant, scalable workforces.
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