Compliance

Who pays the Tamil Nadu Labour Welfare Fund?

₹20 from each worker, ₹40 from the employer and ₹20 from the State, once a year. Who counts as an employee, who files it, and where contract crews fit.

A broken orange clay savings pot on a concrete floor, spilling a heap of ten-rupee coins.

All three: each worker pays ₹20 a year, the employer ₹40 for that worker, and the State Government ₹20, under the Tamil Nadu Labour Welfare Fund Act 1972 at the rates the Labour Welfare Board publishes. It covers factories, plantations, motor transport undertakings, and shops and commercial establishments of five or more. The Act defines the employer as whoever controls the establishment, which matters for a contract crew.

How much, and from whom

₹80 a year for each eligible worker, split three ways. Section 15(1) of the Act, as substituted by the Tamil Nadu Labour Welfare Fund (Amendment) Act 2021, sets ceilings and leaves the actual amounts to be prescribed: an employee contributes "a sum not exceeding fifty rupees", the employer up to one hundred rupees for each employee, and the Government up to fifty.

ContributorRate per employee per yearCeiling under s.15(1) as amended in 2021
Employee₹20₹50
Employer₹40₹100
State Government₹20₹50

The rates in the table are the ones the Tamil Nadu Labour Welfare Board publishes as the current contribution [VERIFY: number and date of the Government Order fixing the ₹20 / ₹40 / ₹20 rates]. Section 15(2) lets the employer recover the employee's share by deduction from wages, and Tamil Nadu's draft wage slip under the Code on Wages rules carries a separate deduction line for the Labour Welfare Fund. The contribution is annual; the deduction is commonly made from December's wages and remitted by 31 January [VERIFY: the rule and date under the Tamil Nadu Labour Welfare Fund Rules 1973].

Who counts as an employee

Almost everyone on the floor who has worked thirty days in the past year. Section 2(b) defines an employee as any person employed "for hire or reward" to do skilled, unskilled, manual, supervisory, clerical or technical work in an establishment for thirty days during the preceding twelve months. It leaves out anyone employed mainly in a managerial capacity, a supervisor drawing more than ₹15,000 a month (the limit since the 2018 amendment), and apprentices and part-time employees.

The establishments covered are listed in section 2(d) and summarised by the Board: all factories, plantations and motor transport undertakings, and shops, commercial and catering establishments employing five or more. The factory limb still refers to the Factories Act 1948, which the OSH Code 2020 repealed from 21 November 2025; how that reference now reads is a point for counsel [VERIFY: whether the State has amended the definition].

The contractor or the site

The Act's definition points at the site. Section 2(c) says the employer is "a person who has the ultimate control over the affairs of the establishment", or the manager to whom those affairs are entrusted, and nothing in the definition of employee turns on who pays the worker. A contract worker who has put in thirty days in the establishment is, on the Act's own words, an employee of that establishment for this purpose, with the site as the employer liable for the contribution [VERIFY: Board practice on whether contractors register and remit separately for their crews].

Where a contractor also registers and remits, the risk is that the crew is paid for twice, or by neither party on the assumption the other did. Who remits for the contract crew on a given engagement is for the contract to settle and for counsel to confirm against the Act. What a site cannot do is assume the crew is outside the count because it is on someone else's payroll.

Where unpaid wages end up

In the Fund, after three years. Section 2(i) defines an "unpaid accumulation" as any payment other than gratuity due to an employee but not paid within three years of falling due, and section 3(1) requires all unpaid accumulations to be paid to the Board. Under section 13, paying an accumulation to the Board discharges the employer to that extent, and the Board must display a notice on the establishment's notice board and publish one in the Gazette inviting claims.

For a contract workforce with real churn this is not academic. A worker who leaves without collecting a final settlement, or whose leave encashment is never paid, leaves an amount that after three years belongs with the Board rather than sitting in the contractor's or the site's books. Any sum payable to the Board is recoverable as an arrear of land revenue (s.28).

₹80a year per eligible worker: ₹20 employee, ₹40 employer, ₹20 State (Labour Welfare Board rates)
30 daysin the preceding twelve months to count as an employee (s.2(b))
₹15,000a month: the wage above which supervisors are excluded (s.2(b), as amended in 2018)
3 yearsafter which unpaid dues become unpaid accumulations payable to the Board (s.2(i), s.3)

In money the contribution is small. A site with 120 eligible workers, direct and contract, owes ₹4,800 a year as employer and deducts ₹2,400 from the workers, against the State's ₹2,400. The exposure is not the amount but the record: failing to produce registers or documents to an Inspector, or to comply with the Board's directions, is an offence carrying up to three months' imprisonment or a fine of up to ₹500, and six months or ₹1,000 for a repeat (ss.29 and 34).

What a site should check

  • Registration on the Board's portal. The Board takes establishment registration and contributions online through its LWMIS portal.
  • One count, agreed with the contractor. Every worker with thirty days in the year, direct and contract, less the exclusions, with a written decision on who remits for the contract crew.
  • The wage-slip line. The employee's ₹20 should appear once, as a Labour Welfare Fund deduction, and not be repeated by both payrolls.
  • Old unpaid dues. Final settlements and other payments still owed after three years belong with the Board, with a record of what was paid over.

How Velura Services helps

Velura deducts the worker's share, pays the employer's share and files the Tamil Nadu Labour Welfare Fund return for every eligible worker in our crews. The contribution appears on wage slips and in our monthly report, so you can confirm it was paid.

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Sources

Frequently asked questions

How much is the Tamil Nadu Labour Welfare Fund contribution?

₹20 a year from each employee, ₹40 from the employer for that employee, and ₹20 from the State Government, according to the rates published by the Tamil Nadu Labour Welfare Board. Section 15(1) of the Labour Welfare Fund Act 1972, as amended in 2021, allows up to ₹50, ₹100 and ₹50 respectively, with the actual amounts prescribed by the Government.

Who has to pay the Labour Welfare Fund in Tamil Nadu?

Establishments covered by the Act: factories, plantations, motor transport undertakings, and shops, commercial and catering establishments with five or more employees. It is paid for every employee who has worked thirty days in the preceding twelve months, excluding managers, supervisors earning over ₹15,000 a month, apprentices and part-time workers. The employer may deduct the employee's share from wages.

Do contract workers count for the Labour Welfare Fund?

On the Act's wording, yes. An employee is any person employed for hire or reward in the establishment for thirty days, whoever pays them, and the employer is the person with ultimate control of the establishment. Whether the contractor or the site remits for a contract crew should be settled in the contract and confirmed with counsel, so that it is paid once, not twice or not at all.

What happens to wages a worker never collected?

Under the Tamil Nadu Labour Welfare Fund Act, any payment other than gratuity that remains unpaid three years after it fell due is an unpaid accumulation and must be paid to the Labour Welfare Board. Paying it over discharges the employer to that extent, and the Board publishes a notice inviting the worker or their heirs to claim it.