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Normative and Constitutional Challenges in Defining ‘Wages’ under the Code on Wages, 2019

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  • Economic and Political Weekly Vol.61; No.11 - 14 March 2026 pp. 29-32
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Summary: The normative ambiguities embedded in the definition of “wages” under the Code on Wages, 2019 are examined with particular reference to the first proviso to Section 2(y). While the definitional framework seeks uniformity across labour codes, it introduces a problematic classification that lacks a clear rational basis and may result in unequal access to statutory benefits among similarly placed employees. This classification raises concerns of constitutional equality under Article 14 and creates compliance uncertainties for employers by imposing additional regulatory burdens.
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The normative ambiguities embedded in the definition of “wages” under the Code on Wages, 2019 are examined with particular reference to the first proviso to Section 2(y). While the definitional framework seeks uniformity across labour codes, it introduces a problematic classification that lacks a clear rational basis and may result in unequal access to statutory benefits among similarly placed employees. This classification raises concerns of constitutional equality under Article 14 and creates compliance uncertainties for employers by imposing additional regulatory burdens.

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