What Labour Law Records Must a Small Business Maintain Under the New Labour Codes?

Maintaining labour law records for small businesses is an important part of complying with Indian employment laws. Attendance sheets, wage registers, appointment details and social security records help employers demonstrate that they are paying employees correctly and meeting their statutory obligations.

India’s four Labour Codes came into effect on 21 November 2025, consolidating provisions from 29 Central labour laws. Although the framework aims to simplify compliance, the records required still depend on the nature of the business, its workforce and the applicable rules.

Which Labour Laws Apply to Small Businesses?

The four Labour Codes govern different aspects of employment:

  • Code on Wages, 2019: Regulates minimum wages, timely wage payments, deductions and wage records.
  • Industrial Relations Code, 2020: Covers industrial relations, trade unions, standing orders and specified employment-related procedures.
  • Code on Social Security, 2020: Governs provident fund, employee state insurance, gratuity and other social security provisions.
  • Occupational Safety, Health and Working Conditions Code, 2020: Addresses workplace safety, working conditions, working hours, leave and related records.

Not every provision applies to every business. Coverage may depend on factors such as the establishment’s activity, employee strength and statutory thresholds.

Essential Labour Law Records for Small Businesses

1. Employee and Attendance Records

Maintain an up-to-date employee register containing relevant details such as names, job roles, joining dates and employment particulars. Attendance records or muster rolls should document working days and attendance.

Depending on the establishment and applicable rules, additional records may be required for working hours, weekly rest, overtime and leave.

2. Wage Registers and Salary Slips

Section 50 of the Code on Wages, 2019 requires covered employers to maintain prescribed records relating to persons employed, muster rolls, wages and other details. It also addresses workplace notices and wage slips.

A practical employee wage register should record:

  • Employee details and wage period
  • Wages payable and wages paid
  • Applicable allowances and overtime
  • Permitted deductions and net payment
  • Payment dates and supporting evidence

Employers should issue wage slips in the prescribed form and manner. Section 17 also provides rules concerning wage-payment timelines, including payment of wages following specified employment exits.

3. Social Security and Contribution Records

The Code on Social Security, 2020 consolidates provisions relating to social security benefits. Depending on coverage, employers may need to maintain records supporting provident fund and employee state insurance contributions, gratuity, maternity benefits and other applicable entitlements.

Keep relevant employee identifiers, contribution calculations, payment challans, returns and claim-related documents. Applicability depends on the particular scheme, establishment and statutory conditions.

4. Safety, Working Hours and Leave Records

Section 33 of the Occupational Safety, Health and Working Conditions Code, 2020 addresses the maintenance of registers, records and returns under the applicable framework.

Covered establishments may need records concerning working hours, overtime, leave, workplace conditions, accidents, health examinations and other safety matters. Requirements differ according to the type of establishment and applicable rules.

5. Industrial Relations and Employment Records

The Industrial Relations Code, 2020 governs matters such as industrial disputes, trade unions and standing orders. Depending on the establishment and applicable provisions, employers may need to retain employment terms, disciplinary records, notices, settlement documents and records relating to retrenchment or other employment actions.

Small businesses should not assume that every industrial-relations requirement applies to them automatically.

Labour Law Compliance Checklist

Record or documentMain purpose
Employee registerRecords employment details
Attendance or muster rollTracks attendance and working days
Wage register and wage slipsDemonstrates wage compliance
Overtime and leave recordsSupports calculation of applicable entitlements
PF and ESI records, where applicableDocuments contributions and coverage
Safety and accident records, where applicableDemonstrates workplace compliance
Notices, returns and employment documentsSupports statutory reporting and inspections

How Should a Small Business Organise Its Records?

Use this simple process:

Identify applicable laws and thresholds → Check Central and State rules → Maintain prescribed registers → Reconcile payroll and contributions → File applicable returns → Retain records for the required period.

Digital records and payroll software can reduce duplication, but electronic maintenance should comply with the prescribed format, accessibility and retention requirements.

What Happens If Records Are Not Maintained?

Failure to maintain required records, issue wage slips or submit applicable returns can lead to enforcement action and penalties under the relevant Labour Code and rules. The precise consequence depends on the contravention, the applicable provision and whether statutory opportunities to correct non-compliance are available.

Businesses should preserve accurate records and produce them when lawfully required by the competent authority. Where an error is identified, they should correct it promptly and document the correction.

Frequently Asked Questions

Must every small business maintain labour law registers?

No. Requirements depend on the business, workforce, applicable Code and relevant Central or State rules.

Can employee records be maintained digitally?

Digital records may be used where permitted, provided they meet applicable requirements for format, access, authenticity and retention.

Are wage slips compulsory?

Section 50 of the Code on Wages, 2019 addresses the issue of wage slips for covered employers, subject to the statutory provisions and applicable rules.

How long must labour records be retained?

There is no single retention period for every record. Check the relevant Code, rules, scheme requirements and applicable State provisions.

Do small businesses need PF and ESI records?

Only where the relevant social security law and scheme apply to the establishment and employees.

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