Payroll Compliance

Running payroll in India is more than paying salaries, it means deducting and depositing PF, ESI, TDS, and professional tax correctly, filing the returns on time, and meeting the new Labour Codes. Mistakes attract interest, penalties, and notices. Samkhya manages your end-to-end payroll, from salary processing to every statutory filing.

Payroll Compliance: A Detailed Guide

Payroll compliance is the set of legal obligations that go with paying employees in India, covering the correct deduction, deposit, and reporting of several statutory amounts. The main heads are the Employees’ Provident Fund (PF), Employees’ State Insurance (ESI), TDS on salary under Section 192 of the Income Tax Act, Professional Tax (PT), and the Labour Welfare Fund (LWF), alongside bonus and gratuity. Each has its own rate, threshold, and due date, PF and ESI are deposited by the 15th of the following month, and salary TDS by the 7th. From 21 November 2025, the four Labour Codes came into force, consolidating 29 laws and, under the Code on Wages, requiring basic pay to be at least 50% of CTC, which changes how PF and gratuity are calculated. The Income Tax Act, 2025, in force from 1 April 2026, has also renumbered and renamed several payroll provisions.

Why Payroll Compliance Matters

Getting payroll right brings real benefits:

  • Avoids Penalties: It avoids the interest and damages on late PF, ESI, and TDS.
  • Keeps Employees Right: It ensures correct deductions and avoids year-end surprises.
  • Meets Deadlines: It keeps every monthly and quarterly filing on time.
  • Reduces Risk: It protects directors from prosecution for default.
  • Builds Trust: Accurate, timely pay and slips build employee trust.
  • Frees Time: Outsourcing payroll frees the team to focus on the business.

The Statutory Deductions

Payroll involves several statutory heads:

  • Provident Fund: Employer and employee each pay 12% of basic and DA.
  • ESI: Employer pays 3.25% and the employee 0.75% of gross wages.
  • TDS on Salary: Deducted monthly on estimated annual income under Section 192.
  • Professional Tax: A state-level tax deducted monthly, where applicable.
  • Labour Welfare Fund: A small state-level contribution, periodically.
  • Gratuity and Bonus: Payable under the respective laws to eligible employees.

The Payroll Filings

Payroll carries regular filings:

  • PF and ESI: Monthly challans and returns, deposited by the 15th.
  • TDS Deposit: Salary TDS deposited by the 7th of the following month.
  • Form 24Q: The quarterly TDS return on salaries.
  • Form 16: The annual TDS certificate to employees, now in a revised format.
  • Professional Tax: Monthly or periodic returns, as the state requires.
  • ECR: The monthly Electronic Challan-cum-Return for PF.

Who Must Comply

Payroll compliance applies to:

  • Companies with 20 or more employees, for PF.
  • Establishments with 10 or more employees, for ESI in notified areas.
  • Every employer deducting TDS on salaries.
  • Employers in states that levy professional tax and LWF.
  • Any business paying salaries, for the applicable heads.

How Payroll Runs

Payroll runs on a monthly cycle. Each month, gross salary is computed, the statutory deductions, PF, ESI, TDS, and professional tax, are calculated on the correct base, and net pay is released with a payslip. The employer then deposits PF and ESI by the 15th and salary TDS by the 7th of the following month, through the EPFO, ESIC, and income-tax portals, and files the periodic returns, the ECR for PF, the ESI return, and Form 24Q for TDS each quarter, with Form 16 issued to employees annually. Records of wages, deductions, and registers must be kept, and under the OSH Code many of these registers are now digital. Getting the wage definition right under the Code on Wages is central, as it drives the PF and gratuity figures.

Documents and Inputs

For Setup:

  • The company’s PAN and TAN, and its PF and ESI registration.
  • The professional-tax registration where applicable.

For Each Cycle:

  • The employee details and salary structures, and attendance and leave data.
  • The investment declarations for TDS, and the bank details for salary payment.

The Payroll Process

The monthly payroll process runs as follows:

  1. Set the salary structure and onboard each employee.
  2. Compute gross pay and the statutory deductions each month.
  3. Release net pay with a payslip.
  4. Deposit TDS by the 7th and PF and ESI by the 15th.
  5. File the ECR, ESI return, and quarterly Form 24Q.
  6. Issue Form 16 to employees annually.
  7. Maintain the wage and statutory registers.

Outsource Payroll to Samkhya

Outsourcing payroll to Samkhya Corporate Services is simple. Just follow these easy steps:

  • Tell us about your team: Share your headcount and salary structures.
  • We set up payroll: We configure the deductions and registrations.
  • Fill the form: Complete our online form and provide your details.

From there, our team runs the monthly cycle and all the filings.

The New Labour Codes and Tax Act

Recent reforms reshape payroll:

  • Four Labour Codes: In force from 21 November 2025, consolidating 29 laws.
  • 50% Basic Rule: Basic pay must be at least 50% of CTC under the Code on Wages.
  • Higher PF and Gratuity: The new wage base raises PF and gratuity figures.
  • Two-Day Settlement: Full and final settlement is due within two working days.
  • Digital Registers: The OSH Code requires digital wage and attendance registers.
  • Income Tax Act 2025: From 1 April 2026, salary TDS and Form 16 follow the new Act.

Rates, Due Dates, and Penalties

The key numbers are steady: PF is 12% each from employer and employee on basic and DA; ESI is 3.25% from the employer and 0.75% from the employee on gross wages up to the Rs. 21,000 threshold; and salary TDS is deducted monthly under Section 192 (renumbered Section 392 under the Income Tax Act, 2025 from April 2026). PF and ESI are deposited by the 15th of the following month and TDS by the 7th, with Form 24Q each quarter and Form 16, now in its revised form, issued by 15 June. Delays are expensive: PF attracts interest and damages, ESI carries interest, and late TDS draws interest and a fee, with the Labour Codes raising penalties significantly for non-compliance. Keeping the deposits and returns on schedule is therefore essential.

Statutory Payroll Heads

Head Rate / Basis Due
Provident Fund 12% employer + 12% employee. 15th monthly.
ESI 3.25% + 0.75% of gross. 15th monthly.
TDS on Salary Slab, on estimated income. 7th monthly.
Form 24Q Quarterly TDS return. Each quarter.
Professional Tax State-specific. As notified.

Frequently Asked Questions

What is payroll compliance?

It is the set of obligations that go with paying employees, deducting and depositing PF, ESI, TDS, and professional tax correctly, filing the returns, and meeting the Labour Codes.

What are the main payroll deductions?

The main heads are the Provident Fund, ESI, TDS on salary, professional tax, and the Labour Welfare Fund, with bonus and gratuity payable to eligible employees.

When are PF, ESI, and TDS deposited?

PF and ESI are deposited by the 15th of the following month, and salary TDS by the 7th, with Form 24Q filed each quarter.

What changed under the Labour Codes?

From 21 November 2025, the four Labour Codes require basic pay to be at least 50% of CTC, which raises the base for PF and gratuity, among other changes.

What is Form 16?

Form 16 is the annual TDS certificate an employer issues to each employee, now in a revised format under the Income Tax Act, 2025.

What is the penalty for late deposits?

Late PF and ESI attract interest and damages, and late TDS draws interest and a fee, with the Labour Codes increasing penalties for non-compliance.