1. Treating ₹15,000 as a PF cut-off
The wage ceiling of ₹15,000 decides how much PF is contributed, not who is covered. An employee whose basic and dearness allowance exceed ₹15,000 at joining, and who has never been a PF member or has withdrawn the balance in full, is an excluded employee and can stay out with a Form 11 declaration. Everyone else must be enrolled, and once a member, always a member: a raise above the ceiling does not end coverage, it only lets you restrict the contribution to ₹15,000 of wages.
What it costs: both shares of the contribution for every month missed, recovered from the employer, with interest at 12% a year and damages of up to 25% a year depending on the delay. The employee’s share is rarely recoverable from the employee after the fact.
The fix: collect Form 11 at joining, check the UAN on the portal, and let the payroll system decide coverage from the record rather than from a salary threshold.
2. Ignoring ESI when gross is within ₹21,000
ESI applies to establishments with ten or more employees (twenty in some states for shops) in areas where the scheme is implemented, and it covers every employee whose monthly gross is ₹21,000 or less (₹25,000 for a person with a disability). The employee pays 0.75% and the employer 3.25%. Coverage continues to the end of the contribution period even after a raise takes the person above the ceiling.
What it costs: both shares for every month missed with 12% interest and damages, and, more seriously, the employer becomes liable for the medical and cash benefits ESIC would have paid an uncovered employee after an accident or illness. A single hospitalisation exceeds years of contributions.
The fix: check every employee’s gross against the ceiling in the ESI calculator at joining and at every revision, register the establishment as soon as headcount crosses the threshold, and let the payroll run apply the contribution-period rule.
3. Missing the 15th for PF and ESI, and the 7th for TDS
PF contributions with the ECR and ESI contributions are due by the 15th of the following month. TDS deducted from salaries is due by the 7th of the following month, and by 30 April for March. Small businesses miss these not from ignorance but from cash flow: the challan waits for a receivable.
What it costs: PF late payment attracts interest at 12% a year plus damages that rise with the delay, up to 25% a year. ESI late payment carries 12% simple interest a year and damages. TDS deducted but not deposited attracts interest at 1.5% a month from the date of deduction, and a late Form 24Q costs ₹200 a day under section 234E.
The fix: put the dates from the compliance calendar in the finance diary, generate the challans from the payroll run on the day salaries are paid, and treat statutory payments as part of payroll cost, not as a separate bill.
4. Professional tax in the wrong state, or not at all
Professional tax follows the place of work, not the registered office. A Rajasthan company with a branch in Bengaluru owes Karnataka professional tax of ₹200 a month for every employee there earning above ₹25,000, and must hold a Karnataka registration. Delhi, Haryana, Uttar Pradesh and Rajasthan levy none, which leads companies headquartered there to assume nobody pays.
What it costs: the tax for the whole period of non-registration, interest and a penalty under the state Act, plus the cost of a late registration. Deducting the wrong state’s slab from an employee is a separate problem, because the shortfall comes from the employer.
The fix: map each employee to the state of the branch they work in, register in every state that levies the tax, and apply the state slabs rather than a single deduction line.
5. No salary structure, or the wrong one
Paying a lump sum with no breakup, or setting basic at 20% of CTC to keep PF low, both fail. The Supreme Court held in 2019 that allowances paid universally to all employees form part of basic wages for PF, and the Labour Codes define wages so that at least half of total remuneration counts. A basic that is too high is the opposite error: it raises PF and gratuity cost for no benefit where the company contributes on full basic.
What it costs: PF arrears on the allowances that should have been treated as wages, with interest and damages; and, on exit, gratuity disputes when the employee argues that the allowances were wages.
The fix: a written structure per grade with basic at 40% to 50% of CTC, HRA at 40% or 50% of basic, and the remainder as a special allowance. Check a sample with the CTC calculator, and version every revision with an effective date.
6. Deducting TDS only in March
Section 192 requires the employer to estimate the employee’s tax for the year and deduct it in equal monthly instalments. Many small businesses deduct nothing until the accountant computes the year in March and then take the whole amount from one salary.
What it costs: the employee gets a March payslip that is a fraction of the usual, and the employer is exposed to interest at 1% a month on tax that should have been deducted earlier. Under the new regime most employees earning up to ₹12.75 lakh have no tax at all, which makes the monthly computation easy rather than optional.
The fix: collect investment declarations on Form 12BB in April, compute the annual tax in the payroll system, deduct one-twelfth each month, and verify proofs by January so the last quarter carries only a small adjustment.
7. Paying overtime at single rate
The Factories Act requires overtime beyond nine hours a day or 48 hours a week to be paid at twice the ordinary rate of wages, and state Shops and Establishments Acts and the Labour Codes require the same double rate. Paying at the ordinary rate, or folding overtime into a fixed allowance, is a shortfall on every hour worked.
What it costs: arrears at the double rate for the period the inspector or the employee can evidence, and a complaint that turns into a general inspection of registers. Overtime is the most common cause of labour-office complaints from shop-floor workers.
The fix: capture overtime from the rostered shift in the attendance system, approve it weekly, and pay it in the same month at the rate set in the policy.
8. Full and final settlement whenever it gets done
The Code on Wages requires wages due to an employee who resigns or is removed to be paid within two working days. Gratuity is payable within 30 days of becoming due, with interest after that. Leave encashment, the last month’s salary, reimbursements and any bonus due are all part of the settlement. In practice many companies take 45 to 60 days.
What it costs: interest on gratuity paid late, a labour complaint the employer cannot win, and the far more common cost of a leaver who tells everyone else how the settlement went. Leavers who are owed money also do not return laptops.
The fix: run the settlement as an off-cycle payroll in the last week of notice, with a checklist of dues and recoveries, and pay it with the last salary.
9. No payslips and no registers
Employers must issue a wage slip to every employee and maintain a muster roll, a wage register and registers of overtime, fines and deductions under the Code on Wages and the state Shops and Establishments Act. Small businesses that pay by bank transfer often issue nothing, and reconstruct registers only when an inspector asks.
What it costs: a penalty under the applicable Act, and an inspection that starts with a missing register and ends with PF, ESI and overtime. Employees without payslips also cannot get a home loan or a visa, and they blame the employer.
The fix: publish payslips from the payroll run every month, and keep the registers as a report from the same data rather than as documents maintained separately.
10. Attendance and payroll in separate files
When the muster is one spreadsheet and the salary sheet is another, someone types loss-of-pay days, late marks and overtime from one into the other. The two disagree every month, the disagreement is settled by whoever argues best, and the correction is an arrear next month.
What it costs: overpayments that are never recovered, underpayments that become disputes, overtime lost between the files, and a day or two of the owner’s time every month. Nothing here draws a statutory penalty, which is why it goes unfixed.
The fix: one system where the muster is judged against the shift, locked, and read by payroll without re-keying. That is the whole argument for an HRMS in a small business.
The ten mistakes in one table
| Mistake | What it costs | Fix |
|---|---|---|
| Excluding people from PF above ₹15,000 | Both shares as arrears, 12% interest, damages up to 25% a year | Form 11 at joining; coverage decided by the record |
| Ignoring ESI within ₹21,000 gross | Both shares, 12% interest, damages; liability for medical costs | Check gross against the ceiling at every revision |
| Late PF, ESI and TDS payment | PF and ESI interest and damages; TDS interest 1.5% a month; ₹200 a day late fee on 24Q | Challans from the run; dates in the finance diary |
| Wrong professional tax state | Back tax, interest, penalty, late registration | Map employees to the branch state; register everywhere |
| No salary structure | PF arrears on allowances; gratuity disputes | Basic at 40% to 50% of CTC, versioned per grade |
| TDS only in March | Interest at 1% a month; a March payslip shock | Declarations in April; one-twelfth each month |
| Overtime at single rate | Arrears at double rate; labour complaints | Capture from the roster; pay in the same month |
| Late full and final settlement | Interest on gratuity; complaints; unrecovered assets | Off-cycle F&F in the last week of notice |
| No payslips or registers | Penalty; an inspection that widens | Payslips and registers from the run |
| Attendance and payroll in separate files | Overpayments, disputes, lost overtime, the owner’s time | One muster feeding payroll |
Kuzhu runs PF, ESI, professional tax and TDS inside the payroll run, on the muster the system already holds, with payslips and registers from the same numbers.
HRMS for small businessesQuestions people ask
Is PF mandatory for a company with fewer than 20 employees?
Not unless the company registers voluntarily. The Employees’ Provident Funds Act applies to establishments with 20 or more employees, and once covered, an establishment stays covered even if headcount later falls. Many small companies register voluntarily because employees ask for it and because clients require it for staff deployed on contracts.
Can an employee earning more than ₹15,000 opt out of PF?
Only if they were never a PF member, or withdrew their balance fully after leaving a previous employer, and their basic plus dearness allowance is above ₹15,000 at joining. They declare this on Form 11. An employee with an existing UAN and balance cannot opt out, whatever they earn; the employer may restrict the contribution to ₹15,000 of wages.
What is the penalty for late PF payment?
Interest at 12% a year on the amount due under section 7Q, and damages under section 14B that rise with the delay: 5% a year for up to two months, 10% for two to four, 15% for four to six, and 25% for more than six months. Both are recovered from the employer, not the employee.
How much is professional tax and who pays it?
It is a state tax on salaried employees, deducted by the employer and deposited with the state. Most states cap it at ₹2,500 a year, typically ₹200 a month for salaries above a threshold, with Maharashtra collecting ₹300 in February. Delhi, Haryana, Uttar Pradesh, Rajasthan and several others do not levy it at all.
Within how many days should full and final settlement be paid?
The Code on Wages requires wages due on resignation or removal to be paid within two working days. Gratuity must be paid within 30 days of becoming due, with interest thereafter. Company policies that promise 30 to 45 days are common, but they do not override the statute; the settlement should be run with the last salary.