ESI Applicablility As per new wage code

This query is : Resolved

Vaib (Querist)
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10 April 2026 Dear Sirs
As per new wage code introduced in November 2025, the defination of wages has been changed as Basic+DA only.
As per this can you please help the ESI applicability?
should we deduct ESI whose Gross salary Rs 42,000 then Basic Salary is Rs 21,000(50% of Gross).
So its make applicability of ESI on this? and we have to deduct ESI on Rs 21,000/- or not?
Please clarify.

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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10 April 2026 ESI applicability will be based on “wages” definition under the new wage code, where wages should be at least 50% of total remuneration.
As per the Code on Social Security, 2020, ESI applicability will be determined based on the revised definition of wages, wherein wages (basic + DA + retaining allowance) must constitute at least 50% of total remuneration. Any excess exclusions beyond 50% are added back, thereby increasing the wage base and potentially expanding ESI coverage.

You can restructure salary, but you can’t escape social security anymore.

• New wage code enforces minimum 50% wages rule
• Artificial salary structuring gets neutralized
• ESI base increases → more employees covered
• Applicability still depends on ₹21,000 threshold, but calculation changes

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