What is the minimum wage in India in 2026?
India has no single minimum wage, because the minimum rate under the Code on Wages, 2019 is the rate the appropriate Government has notified for the employee's skill category and geographical area. Section 5 provides: "No employer shall pay to any employee wages less than the minimum rate of wages notified by the appropriate Government." An employer with sites in three States is usually subject to three different sets of rates.
The Code contains no schedule of employments. Under the previous law the minimum wage applied only to a scheduled employment; under section 5 the rate is owed to "any employee", whatever the industry. Minimum wages under the new labour law apply whatever the number of employees.
Section 5 applies to any employee, whatever the salary. Section 2(k) defines an employee as a person employed on wages for skilled, semi-skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work, excluding only an apprentice engaged under the Apprentices Act, 1961 and members of the Armed Forces of the Union. A senior manager on a large salary is owed the notified minimum rate. In practice such a salary exceeds the notified rate, so the employer complies with section 5; section 5 still applies, and an employer's rate check covers every employee.
Section 69(2) of the Code deems anything done under the repealed Minimum Wages Act, 1948, "including any notification ... or any amount of wages provided in any provision of such enactments", to have been done under the Code, and keeps it in force so far as it is not contrary to the Code, until it is repealed or replaced. A rate in force before the Code continues on those terms, and the minimum wage in 2026 is the rate currently notified for the employee's category and area, which in many places is a rate continued in force under section 69(2). The Code has been in force since 21 November 2025 and the Wages (Central) Rules, 2026 since 8 May 2026, the dates set by the commencement instruments.
Whether section 5 applies to a person depends on the employee definition, which is wider than the worker definition. The Code on Wages, 2019 also prescribes the payment deadlines, deductions, records and bonus rules that apply in addition to section 5, and India's four Labour Codes commenced together on 21 November 2025.
Is there a national minimum wage, or a floor wage?
India has no national minimum wage, and a floor wage is a separate standard that is not directly payable to an employee. Section 9(1) provides that the Central Government shall fix a floor wage taking into account minimum living standards of a worker, in the prescribed manner, and its proviso allows different floor wages for different geographical areas. Under section 9(2), minimum rates fixed by an appropriate Government under section 6 "shall not be less than the floor wage", and where an appropriate Government has already fixed higher rates, it shall not reduce them.
Section 9(2) limits the minimum rate an appropriate Government may fix and imposes no obligation on an employer, and an employee has no claim to the floor wage as a sum of money.
The floor wage under the Code on Wages cannot override a State's rate, because it never applies to an employer directly. Once a floor wage is fixed, section 9(2) prohibits a State from fixing a lower rate at its next revision, and separately prohibits reducing a rate already fixed above it.
No floor wage has been fixed under section 9(1). The provision imposes a duty that is in force and has not been performed, not a power that has gone unused, and until the duty is discharged the floor wage does not limit what a State may fix. Section 9(3) permits the Central Government to obtain the advice of the Central Advisory Board constituted under section 42(1) and to consult State Governments before fixing the floor wage.
Minimum rate of wages | Floor wage | |
|---|---|---|
Who fixes it | The appropriate Government, section 6 | The Central Government, section 9(1) |
Who is bound | The employer, section 5 | The appropriate Government, section 9(2) |
Is it payable to an employee? | Yes, it is the least an employer may pay | No |
Does it vary by area? | Yes, by geographical area and skill | It may, under the proviso to section 9(1) |
Status | Notified rates apply, including saved ones | Not fixed |
What is a minimum rate made of, and what is VDA?
Section 7(1) allows a minimum rate to take any of three forms: a basic rate of wages plus an allowance adjusted at intervals to accord as nearly as practicable with the variation in the cost of living index, referred to in the Code as the cost of living allowance; a basic rate with or without that allowance plus the cash value of concessions on supplies of essential commodities at concession rates, where authorised; or an all-inclusive rate covering basic, the allowance and the cash value of concessions together.
In notifications and in payroll practice, the cost of living allowance in section 7(1)(a) is called the variable dearness allowance, "VDA"; the Code does not use the abbreviation. Where a rate is expressed as basic plus an allowance, the minimum an employer must meet is the sum of the two, and an employer comparing a salary against only the basic component is measuring against a number the notification never set.
Under section 7(2), the cost of living allowance and the cash value of the concessions are computed by an authority the appropriate Government appoints by notification, at the intervals and in accordance with the directions that Government specifies. The allowance changes at the intervals the appropriate Government directs, and a revision of the allowance changes the rate without any change to the basic figure.
A minimum wage can therefore change without any amendment to the Code or the Rules: an April 2026 minimum wage update, or any other cost-of-living revision, alters what an employer owes. The basic rate can remain unchanged for years while the allowance changes every six months.
Section 6(6) permits several rates to apply concurrently. An appropriate Government fixing rates shall primarily take into account the skill of workers required, in the categories of unskilled, semi-skilled, skilled and highly-skilled, or the geographical area, or both. It may also take into account arduousness of work, such as temperature or humidity normally difficult to bear, hazardous occupations or processes, or underground work, as prescribed. Section 6(7) requires the number of rates to be kept to a minimum as far as possible; that requirement is addressed to governments, and it is not a limit an employer can rely on.
How do you find the rate that applies to your employees?
All four facts are needed to identify the applicable rate:
- The appropriate Government for the establishment. Central-sphere rates and a State's rates are different instruments, and the sphere depends on the establishment, not on the employer's head office.
- The geographical area. Rates vary by area within a State, so the site's location determines the applicable rate, not the payroll's location.
- The skill category of the particular employee: unskilled, semi-skilled, skilled or highly-skilled.
- The wage unit the rate is expressed in. Section 6(4) allows a time-work rate to be fixed by the hour, by the day, or by the month, and a rate quoted in one unit has to be converted before it can be compared with a salary in another.
The minimum wage for a State, sector and skill, and minimum wages state-wise in 2026, are those stated in the applicable notification, not in a summary of it. The notification also states the normal working day and the wage period for which the rate is expressed; read both from it rather than assuming an eight-hour day and a monthly period.
Central-sphere minimum wage orders, including cost-of-living allowance revisions, are published by the Chief Labour Commissioner (Central); a State's own rates are published by that State's labour department. A rate must be verified against its notification, including its schedule, categories and effective date. Whether a State has notified its Code rules is a separate question from which wage rates apply.
Where employees are on piece work, section 6(2)(b) allows a minimum rate for piece work, and section 6(3) requires the appropriate Government also to fix a minimum rate on a time work basis for those employees. A piece-rate worker has a time-based minimum as well, and an employer paying piece rates has the piece rate and the time rate to satisfy.
Where an employee does two or more classes of work carrying different minimum rates, the employer pays not less than the minimum rate for each class, for the time occupied on it, so a single day can attract two rates, and a single averaged figure will not satisfy that rule. Where an employee whose rate is fixed by the day works less than the hours of a normal working day, they are entitled to wages for a full normal working day, unless the failure to work was caused by their own unwillingness rather than the employer's omission to provide work, or the case is one otherwise prescribed. The appropriate Government fixes what constitutes a normal working day, including intervals, and provides a paid day of rest in every period of seven days.
Section 5 also applies to contract labour, because the Code's definition of employer extends to a contractor, and the contractor owes its own employees the notified rate. A principal employer holds the record that it checked a contractor's rate and the arithmetic of that rate, because a vendor quoting a monthly figure may have used the wrong divisor.
Every employer must pay all amounts due under the Code, and where an employer fails, the company, firm, association or other person who is the proprietor of the establishment in which the employee is employed is responsible for that payment.
How do you check a payslip against the minimum rate?
Convert the notified rate into the unit the payslip uses. Rule 3(1) of the Wages (Central) Rules, 2026 provides that for the purposes of section 6(5) the minimum rate of wages shall be fixed on a day basis, on criteria the Central Government specifies separately by general or special order. Rule 3(2) prescribes the conversion:
Where the rate of wages for a day is fixed, such amount shall be divided by eight for fixing the rate of wages for an hour and multiplied by twenty six for fixing the rate of wages for a month
The Rules also prescribe that, in that division and multiplication, factors of one-half and more are rounded up to the next figure and factors of less than one-half are ignored. Under rule 3(3), where there is less than a six-day working week, the hourly rate so calculated is used to derive the minimum wage for the day.
A conversion that rule 3(2) does not prescribe can wrongly show a salary as compliant or as short. On an illustrative notified rate of ₹520 basic plus ₹30 cost-of-living allowance a day, ₹550 a day in total, an employee, Sunil Kamble, is paid an illustrative ₹14,200 a month; neither figure is a notified rate for any State.
Conversion used | Monthly minimum it produces | Sunil at ₹14,200 |
|---|---|---|
₹550 × 26, as rule 3(2) prescribes | ₹14,300 | Below the minimum by ₹100 |
₹550 × 30, a conversion the Rules do not prescribe | ₹16,500 | Below, against a monthly figure the Rules do not prescribe |
₹520 basic × 26, ignoring the allowance | ₹13,520 | Above, against a figure that is not the notified minimum |
Comparing the ₹14,200 salary against basic alone, ₹13,520, treats an underpayment as compliant. Using thirty overstates the shortfall: ₹2,300 instead of the ₹100 the Rules produce. Only the rule 3(2) conversion, ₹550 × 26, gives the figure that section 5 applies.
The proviso to rule 6(4) provides that on a six-day working week, where the notified minimum daily rate has been worked out by dividing the minimum monthly rate by twenty-six, or where the employee's actual daily rate has been worked out the same way and is not less than the notified daily minimum, no wages for the rest day are separately payable. Thirty is therefore the wrong divisor, because a thirty-day divisor would count wages for the rest day twice.
Where an employee works on a rest day and is given a substituted rest day, that proviso requires payment for the day worked at the overtime rate, which the Code sets at not less than twice the normal rate of wages. Other overtime must be assessed under the applicable working-hours and overtime requirements.
The figure compared against the minimum rate is the wages the employee is paid, and the definition of wages in section 2(y) determines what counts as wages, whatever the payslip's headings say. The 50% rule in that definition is a separate test that can apply to the same payslip.
What do you do when a rate changes, or you have underpaid?
Section 8(3) provides that after considering a committee's recommendation or the representations received, the appropriate Government notifies the fixed or revised rates, and unless the notification otherwise provides, it comes into force on the expiry of three months from the date of its issue. Payroll therefore usually has three months to implement a revision; the exception is a notification that provides otherwise, which is the first thing to check on any revision.
Section 8(1) provides two procedures, and under it the appropriate Government may appoint committees to hold enquiries and recommend; or it may publish its proposals by notification for the information of persons likely to be affected, specifying a date not less than two months from the notification on which the proposals will be considered. Where it publishes proposals, the proviso to section 8(3) requires it also to consult the Advisory Board constituted under section 42. A committee appointed to hold enquiries consists of employer representatives, an equal number of employee representatives, and independent persons not exceeding one-third of the total.
After a 2026 minimum wage notification, HR should update payroll in this order: read the notification, apply its effective date rather than the date it was seen, and re-run the comparison for every employee on the affected category before the next payroll closes.
Where an underpayment is found, the shortfall is arrears of wages. Pay the difference first. Record the period, the rate that should have applied, the rate that was paid, and the date of the correction.
The wrong divisor, or a comparison against basic alone, produces the same error for every employee on that structure, so re-run the check for every employee on the same rate, not only for the person who raised the underpayment.
Where an employee claims non-payment or short payment of wages, the burden of proving that the dues were paid lies on the employer under the Code, so the wage register and the notification the employer compared against are its defence. If an employer pays below the minimum wage, the shortfall becomes a claim for arrears to which that burden applies, and responsibility for payment remains with the same person: where an employee is employed through a contractor, the contractor is the employer who owes the rate, and separate provisions govern a principal employer's own responsibility.
How often do minimum wages change, and how do you keep up?
Minimum-rate reviews and cost-of-living allowance adjustments follow different schedules; employers must monitor both.
Section 8(4) requires the appropriate Government to review or revise minimum rates of wages "ordinarily at an interval not exceeding five years". It is review or revise, so a review that results in no change satisfies the section; five years is the maximum interval between reviews, not a promised interval for a new rate.
Under section 7(1)(a) the cost of living allowance is adjusted at such intervals as the appropriate Government directs, to reflect the cost of living index, and under section 7(2) an authority appointed by the appropriate Government computes it. In practice that allowance changes far more often than the basic rate, and it is the component that changes a monthly minimum without any announcement that the "minimum wage" has changed. An employer monitoring only for a new minimum wage notification will miss it.
Rates vary by area, so monitoring is done per location, not per company. State minimum wages and VDA change on different cycles, and whether a 2026 minimum wage table is still valid depends on whether the allowance has changed since the table was compiled.
What to watch | Where it comes from | How often |
|---|---|---|
A new or revised minimum rate for the area and categories | The appropriate Government's notification | Check on a fixed cadence; the statutory review interval is at most five years |
A cost-of-living allowance revision | The authority appointed under section 7(2) | On the cycle the appropriate Government directs, typically far more often |
A floor wage under section 9 | The Central Government | Not fixed. Watch, because it constrains what a State may fix next |
A change of sphere or a new site | The employer's own establishment records | On every new site, State or vendor |
Per location, keep three records: the current notification, the date it was read, and the conversion used to compare it with payroll. Do not rely on a portal summary, or on any figure without a notification number, an issuing department and an effective period; check such a figure against its notification. A reviewer can repeat the rate check from the three records. Under a standing review cycle, the rate check is repeated on a fixed date.
People engaged through an app rather than employed are not employees for the purposes of section 5; gig and platform workers are covered by a separate Code. A rate change also changes the amount used to compute provident fund and State insurance contributions.
Frequently asked questions
Do minimum wages apply to gig workers and platform workers?
Minimum wages under the Code on Wages do not apply to gig and platform workers. Section 5 requires an employer to pay an employee of an establishment at least the applicable minimum rate, and a gig or platform worker engaged outside a traditional employer-employee relationship does not meet that description. The Code on Social Security, 2020 instead provides their protection, through the gig and platform worker provisions and the aggregator contribution. A person who is in truth an employee is owed the minimum rate whatever label the contract uses.
Is the 50% basic pay rule the same as a minimum wage?
No. They are two separate tests, and both can apply to the same payslip. The 50% rule is contained in the definition of wages in section 2(y) and determines how much of an employee's pay counts as wages for statutory calculations. The minimum rate is set by sections 5 and 6 and determines the minimum amount payable for the work. Satisfying one test does not satisfy the other.
Are you responsible for the minimum wages of your contractor's workers?
The contractor is their employer: section 2(l)(iii) includes a contractor in the definition of employer, so it owes them the notified minimum rate. Under section 43, where the employer fails to pay, the company, firm or other proprietor of the establishment in which the worker is employed is responsible for that payment. Ask your vendor for the notification and the wage register it relies on.
Which State's rate applies to an employee who works from home in another State?
Rates are fixed by geographical area under section 6(6)(a), so start with the establishment the employee is attached to. Use the area in which that establishment is located, not the employee's home address. Where two areas could apply, record which one you chose and why before payroll runs.
Can free food or accommodation count towards the minimum wage?
Food or other essential commodities supplied at concession rates count towards the minimum wage only where the minimum rate includes the cash value of the concessions, as section 7(1)(b) permits where so authorised and section 7(1)(c) permits in an all-inclusive rate. Under section 7(2), an authority the appropriate Government appoints computes that cash value. Section 7 does not mention accommodation.
Section 18(2)(d) instead permits a deduction from wages for house-accommodation supplied by the employer. Section 22 permits that deduction only where the employee has accepted the accommodation as a term of employment or otherwise, only up to its value, and subject to such conditions as the appropriate Government may impose.
Separately, the Explanation to section 2(y) covers remuneration in kind given to an employee in lieu of the whole or part of the wages. It provides that "the value of such remuneration in kind which does not exceed fifteen per cent. of the total wages payable to him, shall be deemed to form part of the wages of such employee".