A Comprehensive Guide to Payroll Compliance in India

Payroll is a term that is associated with several types of operations. It means paying your employees, calculating taxes, choosing a payroll schedule, and keeping a record of employee earnings.

There are specific regulations governed by federal and state law. It covers everything from income tax to treating employees fairly and compensating them well for their overtime. That’s where compliance comes in. 

Compliance in payroll is one of the many challenges the HR and payroll department faces. It may not be a company’s intent to break these laws, but without the necessary protection, it can easily slip through the cracks. According to statistics 39% of companies process payroll manually, and only 17% of companies are in favor of utilizing an outsourced payroll solution.

However, solutions like HR software that already comes with compliant modules can help you deal with it. 

While an effective payroll software system can help to boost employee morale and enhance your company’s reputation, mistakes in compliance can result in punitive penalties. And no business would want to be exposed to such financial and goodwill risks. Now let’s understand payroll and compliance.

What Is Payroll Compliance?

It’s important to understand the meaning of the words payroll and compliance before delving into the concept of payroll compliance. ‘Payroll’ means salaries provided to the employees by the organizations after calculating the working hours and other relevant aspects. ‘Compliance’ means adherence. Every company is subjected to payroll compliance requirements as laid out by federal and state laws. 

Payroll compliance is compliance with the rules and regulations concerning employee salary and other monetary benefits. Failing to comply with these laws will invite legal actions, penalties, etc. In addition, the company’s reputation will be adversely impacted. There are certain aspects that you need to consider every time you run a payroll — be it monthly, quarterly, or annually. 

To ensure effective compliance, the organization must stay updated with the amendments in the laws, and experienced personnel must be hired to make it flawless. It is a continuous part of the employee’s life cycle — from the day they get hired to their last day of work. In short, payroll compliance is the legal framework that a company should adhere to in dealing with its employees.

Is Payroll Compliance Required?

In this ever-changing landscape, the complexity of doing business is only increasing. It has become more challenging to adhere to all the rules and regulations while also coordinating with the operational aspects of the business. 

Many organizations, in fact, hire statutory compliance experts to help them stay up-to-date with continuously changing laws. They have a deeper understanding of how these statutory laws work and help you avoid hefty penalties and fines. 

Companies that provide services on statutory compliance management streamline your company’s process — from the daily operations to the filing of reports when prescribed. 

One interesting fact is that statutory compliance for any company — be it a private limited company, LLP, or partnership firm — remains the same. Every organization that hires employees must comply with the laws.

Why Is Payroll Compliance Important?

Payroll compliance is a must for all businesses. It ensures that all employees are treated and compensated fairly by management. Plus, the compensation is to be fairly calculated and distributed among employees, and much more. Managers who deal with payroll should be well-versed and proficient in dealing with the laws and regulations.

Payroll compliance is mandatory; failing to do so, an organization faces grave consequences like legal cases, workforce dissatisfaction, fines, and penalties. There are too many laws that are to be complied with. As a result, the organization or HR personnel must be well-versed and updated with the prevailing laws and the amendments brought in those laws.

In addition, effective payroll compliance will enhance employees’ trust in the organization as they will receive their compensation accurately and in a timely manner. It also enables the organization to precisely calculate the payroll and make necessary deductions stated in the rules and regulations. This will assist them in maintaining financial accuracy.

Effective payroll compliance by the organization will increase its credibility and assist in elevating its reputation in the eyes of the law. Apart from that, payroll compliance will assist companies in getting a hold of fraudulent activities concerning payroll management.

Hence, Payroll compliance is of utmost importance for organizations to maintain the smooth functioning of the business, keep the workforce satisfied, and effectively abide by the laws imposed by the government.

There are many advantages for both employers and employees to comply with regulations. Let’s have a look at the benefits of payroll compliance for organizations as well as employees.

Benefits of Payroll Compliance for Organizations

1. Protects from unreasonable trade union demands

Trade unions are voluntary organizations that represent workers’ interests at work. Different laws in different countries regulate them. For instance, Britain has a Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). 

The union’s primary purpose is to regulate employee relations with an employer through collective bargaining and consultation. Both employees and employers have duties to perform. For example, employers must accept employees’ membership or non-membership of a trade union. And, they can’t make unreasonable demands on staff working hours. 

Similarly, employees need to ensure they don’t engage in unlawful picketing and only act in good faith if making any company disclosure. 

But sometimes, employees start to demand unreasonable wage hikes or other benefits. In such cases, payroll compliance can protect organizations from such situations and have a strong case against trade unions.

2. Protects from paying penalties or fines

Payroll compliance helps organizations to accurately and timely pay their employees. 

There are many cases where employees are underpaid or companies fail to compensate them for overtime. In such cases, company owners are penalized with stiff fines if an employee files a lawsuit. And when the circumstances are severe, employers also suffer imprisonment. 

Not just fine, but it can also have a substantial adverse impact on brand reputation. No talents would like to come to work for such a company, and soon, it will start losing its market share value. 

Though not every company makes mistakes deliberately, it is easy to fall prey to. 

Benefits of Payroll Compliance for Employees

1. Ensures that employees are paid fairly

Laws like the Minimum Wages Act of 1948 govern the wage rate in India. Such laws fix a certain minimum wage rate, which is determined by both the Central Government and the Provincial governments. The amount depends on the cost of living in the region. 

The minimum wage rate is established for each occupation, sector, and region. It can be fixed by hours, months, days, or any other wage period. 

Such compliance ensures that no employees are underpaid for the work they perform. If the companies break laws, they can immediately take the matter to the grievance cells.

2. Ensures that employees are not overexploited

Labor laws state the maximum number of working hours an employee can work in a day or the whole week combined. Many companies have employees working for long hours or in inhuman conditions. 

Such laws prevent employees from getting exploited in the name of work and regulate fairness. Payroll compliance keeps companies in check, which otherwise would cause harm to the company — in terms of reputation and fines. Hence fair labor standards determined by law are to be maintained.

3. Ensures that employees are treated fairly

You should know that treating employees fairly is not just another moral responsibility. 

Treating employees fairly in the workplace ensures maximum company growth. Besides, when an employee is mistreated, it results in decreased employee productivity. It impacts your employee turnover rate as well. 

Depending on the severity of the unfair treatment, an employee may also file a lawsuit against your company.

Best Practices for Payroll Compliance

As we are all aware, payroll compliance is a lengthy and dreadful task, as there are ample of laws to comply with. Moreover, the rules and regulations keep updating every year, so the organization must stay updated to ensure effective compliance. For compliance purposes, organizations must keep track of employees’ worktime, salary calculations, tax filings, etc. For a clear understanding, let’s look at some of the few best practices following which organizations can ensure compliance with payroll.

• Utilizing payroll software

Currently, payroll software is a must as it is tough to manually comply with all the payroll regulations and laws that apply to payroll processing. If the employee size is large, it’s impossible to manage payroll taxes and compliance without payroll software, as it is configured and includes all the laws to comply with. This streamlines the process and enhances accuracy, and most important of all, adherence to laws is done effectively.

This is another best practice that every organization must follow. As tax filing and deductions are important aspects, if not done correctly and in a timely manner, companies will come under the radar of income tax authorities, and their legal issues will increase.

• Effective time and attendance recording system

This is one of the problematic areas for an organization. The main issue arises if the employees are not paid appropriately or in a timely manner. It mainly occurs because organizations make mistakes in calculating the working hours effectively. If the payroll is not done accurately, the whole calculation must be done again, and the employees must be paid again. As a result, there is a waste of time, resources, and money.

Every business must file certain taxes and forms before a deadline, and companies often forget them. Due to this, they have to pay fines and penalties to the authorities. There are not just filing deadlines. There are payroll deadlines, too, as employees’ tax deductions are also to be made. Hence, organizations must practice to avoid this.

Organizations must have clear classifications of employees who work full-time, part-time, trainees, and freelancers. On this basis, their payroll is decided, and deductions from their salaries are to be decided. It is an important factor to consider during payroll compliance.

Hence, there are the best practices that a company must follow to reduce the irregularities with regard to payroll and streamline the process.

What are the Common Payroll Compliance Mistakes?

As there are too many laws, the companies have to comply with. As a result, they are bound to make mistakes during payroll processing and management. Here are some of the common mistakes that companies make during payroll compliance.

If the employee size is large, there is no way the payroll calculations can be done flawlessly as there are too many aspects, like HRA, DA, PF, Gratuity, PT, TDS, etc., that are to be considered while calculating salary. So if calculations are done manually, there is a high scope of errors. This is the most common mistake.

• Errors in tracking working hours

This is another petty mistake that organizations make. Errors in tracking working hours may seem small, but the organization will face many issues if the employees are more. Here overtime pay is also to be calculated by counting the extra working hours of the employees. 

• Violating tax filing deadlines

Not filing the required taxes and forms in a timely manner is another mistake that companies frequently make. Mainly it is seen with large enterprises as they have to comply with many taxation laws that concern the business and the employees. As a result, the tax filing needs to be done in a timely manner to avoid penalties and legal issues.

• Haphazard maintenance of records

If the payroll processing is managed manually, it is necessary to maintain the record accurately. Otherwise, it will cause many issues like underpayment, overpayment, confusion related to tax filing, etc. Hence, organizations cannot afford this mistake as it will be indulged in many monetary and legal issues.

Hence, these are some common mistakes a company makes during payroll compliance.

How to Avoid Payroll Compliance Mistakes?

To avoid payroll compliance mistakes and make the process more streamlined and efficient, you can start using the right resources and tools to automate payroll operations and assist you in effectively complying with the relevant laws. Following are the steps that an organization must follow in order to avoid mistakes and enhance efficiency.

An overview of several payroll policies must be described, which have to be followed religiously by the payroll department. This step will reduce the errors considerably and increase the accuracy of the payroll process.

• Analyze the payroll processes followed

The payroll processes must be reviewed, and the pain points must be identified to make necessary changes and make the process more efficient. New ideas and approaches must be adopted to make management more swift and effective. Organizations can opt for a payroll provider to streamline the process and get ahold of irregularities.

• Enhance automation and integration

Automating and integrating the payroll process will make the processes more efficient as it will reduce the labor-intensive or manual tasks that are the main reasons behind causing errors. In addition, all the payroll-related operations can be aligned, desired results can be achieved, and errors can be avoided.

• Design payroll compliance checklist and calendar

This is highly recommended to decrease the occurrence of mistakes to a great extent, as preparing and calendar will keep the organization or concerned department aware of the deadlines for filing taxes and forms. In addition, the payroll compliance checklist will enable the organization to improve its precision level. As a result, the scope of mistakes will be reduced considerably.

• Stay updated with the latest laws

Payroll compliance is all about adherence to the laws prevailing for payroll. So the concerned department or personnel must stay updated with the laws and amendments brought in the regulations. This aspect is highly important to accurately process the payroll and avoid legal issues.

So, following these steps will enable organizations to avoid errors and make payroll compliance and management more efficient.

Payroll Compliance Laws & Regulations Guide

The payroll compliance process attracts several laws and regulations that are to be followed mandatorily for payroll tax compliance and processing in India. They are as follows:

1. Payment of Wages Act, 1936.
2. Payment of Gratuity Act, 1972.
3. Minimum Wages Act, 1948.
4. Payment of Bonus Act, 1965.
5. Maternity Benefits Act, 1961.
6. Employee State Insurance Act, 1948.
7. Employee Provident Fund Act, 1952.
8. Labour Welfare Act.
9. Tax Deducted at Source (TDS).

Every country has its payroll compliance laws which are to be compulsorily followed by the organizations. Below are some of the important payroll and compliance laws prevailing in the United States.

1. Fair Labor Standards Act
2. Equal Pay Act
3. Federal Insurance Contributions Act
4. Federal Unemployment Tax Act

All the tax-related rules and regulations are governed by Internal Revenue Service (IRS). which is a statutory body.

The above-mentioned are the Indian payroll laws that are to be complied with when processing payroll as a result. If there is any mishap in adherence with the provisions of the laws and regulations of the acts, the organization will have to face a lot of trouble.

Bottom Line

At first, payroll compliance may seem overwhelming, surrounded by many laws and regulations. However, once you start to get the hang of it with time and practice, running your business will seem like a cakewalk. Also, opting for payroll software is another viable option to manage the process in a streamlined manner and ensure compliance.

Frequently Asked Questions

Himanshu Singh is a Marketing Specialist at SoftwareSuggest, He is well versed in software platforms like eCommerce, project management, document management. He is also interested in domains like Machine Learning and Semiconductors. In his spare time, he enjoys Guitar, Badminton, and Photography.