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Statutory Benefits in India: Overview, Examples, Costs, and More

21 March, 2025

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Statutory benefits in India

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The legally mandated perks play an important role in protecting the rights of the employees. They are useful in helping build trust, boost engagement, and ensure employee well-being in today's evolving corporate landscape. The Government of India understands its importance and hence has mandated various labour laws and regulations that protect the interest of employees and ensure a balanced work environment. One such crucial part of labour laws in India is statutory benefits. From Provident Fund (PF) and State Insurance (ESI) to Maternity and Gratuity perks, statutory employee benefits in India are designed to create a holistic workplace. But what exactly are these benefits?

 

And why are they a crucial aspect of a thriving workplace? Let’s dive into its depths and explore everything you need to know.

 

What are Statutory Benefits

Statutory benefits refer to the mandatory employee benefits under the labour laws in India that every employer must provide in compliance with the rules and regulations. These benefits ensure employee well-being, financial security, and overall workplace safety with a wide range of coverage aspects that include health, retirement, job security, and others.

 

These benefits serve two primary purposes:

  1. Protects Employees

    It provides financial assistance at times of unemployment, illness, disability, or retirement.

     

  2. Ensure Employer Compliance

    It requires employers to guarantee assistance to employees in times of need by keeping the organisations under the scrutiny of Indian labour laws and can lead to legal penalties in case of non-compliance.

 

Key Features of Statutory Benefits in India

Understanding the statutory benefits is important for their efficient implementation. Therefore, let’s explore its key features:

 

  • Employers must comply with these benefits under the Indian labour law.
  • Employers must provide coverage for employees’ basic needs, such as healthcare, retirement savings, etc.
  • With these benefits, employees feel secure and encouraged to work under such benefits.
  • Organisations that comply with these benefits are often able to create a positive and strong employer brand for themselves in the industry.

 

Difference Between Statutory and Non-Statutory Benefits

Employee benefits in India can be broadly categorised into statutory benefits, which are legally mandated, and non-statutory benefits, which are non-mandated and voluntary. Check out the table below to get a detailed comparison between statutory and non-statutory benefits:

 

Aspect

Statutory Benefits

Non-Statutory Benefits

Definition

It refers to legally mandated benefits that employers must comply with under Indian labour laws.

It refers to additional benefits that employers can offer voluntarily.

Requirements

This is mandatory and as per the government regulations. 

This is not mandatory and at the discretion of the employer.

Objectives

To ensure employee well-being and maintain minimum standards of living.

To enhance employee morale, productivity, and retention.

 

List of Statutory Employee Benefits in India

There is an array of employee benefits that are mandated under the Indian labour laws, and both employers and employees should be aware of them. Here is the list of statutory employee benefits in India:

 

Employees’ Provident Fund (EPF)

EPF is one of the most important employee benefits in India. As per the provisions, both employees and employers contribute a certain portion of their salaries as an investment in the employee EPF account with the purpose of providing retirement savings to the employees.

 

Important Aspects

  • Employees contribute 12% of their salary, which is matched by the employer
  • Mandatory for companies with more than 20 employees
  • Applicable for employees with a minimum salary of ₹5,000 per month
  • Can be withdrawn for emergencies, medical expenses, or retirement
  • Provide long-term financial assistance with tax-free savings
  • Regulated by the Employees’ Provident Fund & Miscellaneous Provisions Act, 1952

 

Employee State Insurance (ESI)

The next employee benefit in India is Employee State Insurance (ESI). As per the provisions, the employer must provide group health insurance to its employees that provides coverage to various medical expenses such as injury, illness, sickness, etc.

 

Important Aspects

  • Covers medical expenses for employees
  • Provides maternity benefits with paid leaves and medical expenses
  • Applicable for employees with a salary below or up to ₹21,000 per month
  • Regulated by the Employees’ State Insurance Act, 1948

 

Gratuity

Another employee benefit in India is the gratuity payment, which refers to a welfare payment made to employees as a gratitude towards their long-term service to the organisation.

 

Important Aspects

  • Paid after more than five years of continuous employment
  • Equivalent to 15 days of wages for every year of employment
  • Exempted from income tax of up to ₹20 lakhs
  • Regulated by the Payment of Gratuity Act, 1972

 

Maternity Benefits

This employee benefit is applicable for working women and provides paid leave before and after childbirth, along with various other benefits.

 

Important Aspects

  • 26 weeks of fully paid leave
  • Option to work from home if required
  • Ensure job protection post-maternity
  • Regulated by the Maternity Benefit Act 1961

 

Leave Benefits

This benefit entitles employees to be eligible for mandatory leave on national holidays as well as a few festive holidays. Leave benefits also include sick leaves, earned leaves, and casual leaves.

 

Wrapping Up

Statutory benefits in India are not just a legal obligation but a crucial safety net that ensures employee well-being, financial security, healthcare access, and overall workplace safety. Provisions such as provident funds, state insurance, gratuity payments, and maternity benefits, among others, are helpful in creating a healthy and positive work environment and thereby improving employees’ productivity in the workplace and leading to the growth of the organisation. Various organisations that comply with these benefits can easily foster trust, retain and engage top talents, and establish themselves as strong employer brands in the market.

 

Beyond such benefits, organisations can further strengthen their workforce by investing in comprehensive group health insurance from one of the most prominent insurance providers in India - Niva Bupa. Check out our well-curated health insurance that aligns with both labour laws and your employees.

 

Frequently Asked Questions

  1. What are the statutory benefits in India?

    Statutory benefits in India, such as Provident Fund (PF), Employees’ State Insurance (ESI), gratuity payments, maternity and other leave benefits, and the Minimum Wages Act, refer to legally mandatory employee benefits under Indian labour laws.

  2. What is the difference between statutory and non-statutory benefits?

    Statutory benefits refer to legally mandated benefits that every employer must comply with, whereas non-statutory benefits refer to additional voluntary benefits solely at the discretion of the employer.

  3. Is EPF deduction mandatory in India?

    Yes, EPF deductions are mandatory in India for all eligible employees and constitute one of the parts of statutory employee benefits.

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