New Labour Codes 2025: Fixed-Term Employees Now Get Gratuity After Just 1 Year

India’s revolutionary New Labour Codes 2025, effective from November 21, 2025, have transformed workplace benefits for millions. The most significant change allows fixed-term employees to claim gratuity after just one year of continuous service instead of the traditional five years—a game-changing reform that strengthens financial security for contract workers while permanent employees continue under the existing five-year rule.

New Labour Rules 2025: Complete Breakdown

Who Benefits Most: Fixed-Term vs Permanent Employees

Fixed-Term Employees: The Big Winners

Fixed-term contracts have predetermined end dates, typically tied to projects or time-bound assignments. Under the new codes, these workers become eligible for gratuity after completing just one year of continuous service (minimum 240 days).

Key Benefits:

• Pro-rated gratuity based on actual contract duration
• Equal treatment with permanent staff during employment
• Mandatory appointment letters ensuring transparency
• Same wages and statutory benefits as permanent employees

This change addresses a major inequity where project-based workers missed out on financial benefits despite contributing significantly to organizations.

Permanent Employees: Status Quo Maintained

Labour law experts clarify that the one-year rule does not apply to permanent employees. Rohit Jain, Managing Partner at Singhania & Co, stated: “Reports that every employee will now get gratuity after one year are incorrect. It is still five years for permanent employees. Only fixed-term employees benefit from the new one-year rule.”

How Gratuity is Calculated Under New Rules

The standard formula remains:

Gratuity = Last drawn salary × 15/26 × Years of service

• 15 = 15 days of wages (statutory minimum)
• 26 = Average working days per month
• Service rounded to nearest full year (6+ months = full year)

Critical Change: 50% Wage Rule

Companies must now ensure that “wages” constitute at least 50% of total CTC. Previously, many organizations structured salaries with Basic + DA at just 30-40% of CTC, with remaining amounts paid as allowances (HRA, special allowance, etc.).

If allowances exceed 50% of CTC, the excess must be reclassified as “wages” for gratuity, PF, and other statutory calculations—preventing salary structure manipulation.

Example:

• Employee CTC: ₹10 lakh/year
• Old structure: Basic ₹3 lakh (30%) + Allowances ₹7 lakh
• New requirement: Wages must be minimum ₹5 lakh (50%)
• Impact: Higher gratuity payout due to increased calculation base

Four Labour Codes Replacing 29 Legacy Laws

Additional Major Reforms in Labour Codes 2025

Social Security Expansion:

• Gig and platform workers officially recognized
• Aggregators contribute 1-2% of annual turnover to Social Security Fund
• ESIC healthcare coverage expanded to 740 districts
• Mandatory appointment letters for all employees

Workplace Safety & Equality:

• Free annual health check-ups for workers above 40
• Women permitted in night shifts with safety measures
• Equal pay for equal work legally mandated
• Gender discrimination prohibited across sectors

Employer Flexibility:

• Companies with up to 300 workers can hire/retrench without government approval (up from 100)
• Reduced compliance burden through digital systems
• Single registration portal for all labour laws

Financial Impact on Companies

According to Debjani Aich, Partner at CMS INDUSLAW, companies can expect 25-50% increase in gratuity liabilities. The pro-rata gratuity obligation for fixed-term workers creates additional payout requirements, though financial burden remains lower than hiring full-time employees.

Employers must:

• Restructure salary components to meet 50% wage threshold
• Update actuarial valuations under Ind AS 19/AS 15
• Recognize increased liabilities as past service cost in P&L
• Revise HR policies and employment contracts for compliance

For more employment law updates, visit our Labour Law Section and explore Employee Benefits Guide. Stay informed with official notifications at Ministry of Labour & Employment.

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