Losing a job without warning, waiting months for salary or a final settlement, a provident fund that was never deposited, or harassment by a senior: problems at work hit income and dignity at the same time. India's labour law changed in November 2025, when four new labour codes replaced 29 older laws. This guide explains, in plain words, what you are owed, how termination and gratuity work now, how to complain about harassment, and where to take a dispute. When you are ready, describe your matter in the form and an enrolled advocate who handles employment cases can call you. It is free for clients.
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Work disputes are personal in a way few legal problems are. Losing a job suddenly, being forced to resign, waiting months for a final settlement, finding that provident fund was never deposited, or facing harassment from a manager affects a family's income and a person's sense of dignity at the same time. On the other side, an employer who has to let people go, investigate misconduct or respond to a labour inspector needs to get the process right, because mistakes are expensive.
A labour and employment lawyer is an advocate who works in this area, on behalf of employees, workers, trade unions or employers. The work ranges from a firm legal notice that gets a full and final settlement paid, to years-long litigation over reinstatement in an industrial tribunal or a writ petition in the High Court.
Challenging illegal termination, forced resignation and retrenchment without compensation, or advising employers on lawful separation.
Recovering unpaid salary, overtime, bonus, leave encashment, gratuity and full and final settlements.
Complaints where contributions were deducted but not deposited, withdrawal and transfer problems, and ESI benefits.
Sexual harassment complaints before Internal or Local Committees, appeals, and defending people wrongly accused.
Offer letters, non-compete and confidentiality terms, training bonds, notice periods and HR policies under the new codes.
Conciliation, industrial tribunals, government employees' cases before administrative tribunals, and writ petitions.
| Situation | Do this first | Avoid this |
|---|---|---|
| Terminated without notice or reason | Ask for the termination in writing, keep your appointment letter and last payslips, and note the date | Signing a resignation or "full and final" receipt you do not agree with |
| Pressured to resign | Do not resign on the spot; ask for the request in writing and take advice | Sending a resignation email in anger, which can be treated as voluntary |
| Salary not paid for months | Write to HR and management with the months and amounts due, and keep proof | Waiting so long that the claim becomes stale |
| Full and final settlement delayed | Write citing the two-working-day rule and ask for a dated statement of dues | Accepting a partial amount marked as "full and final" without objection |
| PF deducted but not deposited | Check your passbook on the EPFO portal and download it | Assuming the employer will deposit later |
| Sexual harassment | Write down dates, words and witnesses; keep messages; complain to the Internal Committee within three months | Deleting chats or waiting until the time limit passes |
| Injured at work | Get medical treatment and records, report the accident in writing, and claim through ESI or the employer | Accepting a cash settlement without knowing your rights |
| Employer threatens action over notice period or a bond | Read the exact clause and take advice before paying anything | Assuming every penalty clause is enforceable |
Employment law in India treats people differently depending on the kind of work and the employer. Getting this right first saves a great deal of time.
| You are | Main protection | Where disputes go |
|---|---|---|
| A "worker" under the Industrial Relations Code: doing manual, clerical, technical or operational work, or a supervisor below the wage limit | Industrial Relations Code, Code on Wages, Social Security Code | Conciliation, then the Industrial Tribunal |
| A manager, administrator or supervisor earning above the limit (₹18,000 a month for supervisors under the Code) | Your employment contract, the Code on Wages for payment of wages, gratuity and social security rules | Civil court for damages, labour authority for wage claims |
| A fixed-term employee | Same hours, wages and benefits as permanent staff doing similar work; gratuity after one year | As for workers |
| A contract worker supplied by a contractor | OSH Code rules on contract labour; the principal employer is responsible for wages if the contractor fails | Labour authorities and tribunal |
| A gig or platform worker | Social security schemes under the Social Security Code; registration on eShram | Scheme authorities; contract claims |
| A government or public sector employee | Service rules, Article 311 of the Constitution for civil servants | Central or State Administrative Tribunal, then the High Court |
| A domestic worker | State laws and welfare schemes in some states; social security schemes | Labour department, police for abuse |
State shops and establishments laws continue to govern matters such as working days, holidays and registration for shops and offices, alongside the codes. An advocate can tell you quickly which law applies to your workplace.
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On 21 November 2025, the central government brought the four labour codes into force, replacing 29 laws such as the Industrial Disputes Act, the Payment of Wages Act, the Minimum Wages Act, the Payment of Gratuity Act and the Maternity Benefit Act. The central rules under all four codes were notified on 8 May 2026, and states have been notifying their own rules. Some older schemes, such as provident fund administration through the EPFO, continue while the transition is completed.
| Code | What it covers | Changes most people notice |
|---|---|---|
| Code on Wages, 2019 | Minimum wages, payment of wages, bonus, equal remuneration | One definition of wages; minimum wages for all employees; strict payment deadlines |
| Industrial Relations Code, 2020 | Trade unions, standing orders, strikes, lay-off, retrenchment, closure, disputes | Fixed-term employment; higher threshold for permission to retrench; reskilling fund; grievance committees |
| Code on Social Security, 2020 | Provident fund, ESI, gratuity, maternity benefit, employee compensation, gig and platform workers | Gratuity after one year for fixed-term staff; frameworks for gig workers |
| Occupational Safety, Health and Working Conditions Code, 2020 | Working hours, leave, safety, contract labour, migrant workers, women at night | Appointment letters for all; women may work night shifts with consent and safety measures |
Labour is a subject on which both the centre and the states make law, so the exact rules depend on whether the central or a state government is the "appropriate government" for your establishment. Minimum wage rates, working hour details, registration procedures and many forms come from state rules, which states have been notifying at different speeds. Where a state has not yet notified a rule, check with an advocate or the labour department which provision applies on the date of your dispute. Matters that arose before 21 November 2025 may still be governed by the old laws.
The Code on Wages applies to all employees, not just low-paid workers, for minimum wages and timely payment.
| Rule | What it means |
|---|---|
| Monthly wages | Must be paid by the seventh day of the following month, unless a shorter period applies |
| On leaving | When an employee is removed, dismissed, retrenched or resigns, wages due must be paid within two working days |
| Minimum wages | Set by the central or state government for each type of work and area, and cannot be below the national floor wage |
| Definition of wages | Basic pay, dearness allowance and retaining allowance; if excluded allowances exceed half of total pay, the excess is counted as wages, which affects gratuity and other benefits |
| Deductions | Only authorised deductions, such as tax, provident fund, recovery of advances and fines under the rules, within an overall limit |
| Overtime | Work beyond normal hours is paid at twice the ordinary rate of wages |
| Bonus | Employees within the notified wage ceiling who have worked at least thirty days in the year get a bonus of at least 8.33 percent of wages, up to 20 percent |
| Equal pay | No discrimination on the ground of gender, including transgender persons, in wages or recruitment for the same or similar work |
If wages are not paid or are paid short, an employee can file a claim before the authority appointed under the Code on Wages, generally within three years. The authority can order payment along with compensation. A legal notice citing these provisions often resolves the matter first.
Indian law does not allow an employer to end employment in any way it likes, but the protection depends on who you are.
For senior employees, the employment contract governs. If an employer terminates without the notice the contract requires, the usual remedy is damages, typically salary for the notice period and dues, through a civil suit or negotiation, rather than reinstatement. Where termination is stigmatic, discriminatory or in breach of a statute, more may be possible. Government employees are protected by service rules and, for civil servants, by Article 311, which requires an inquiry before dismissal.
An employee who resigns must give the notice the contract requires, or pay in lieu if the contract allows. An employer cannot force someone to keep working indefinitely, but it can recover notice pay as agreed. A resignation obtained by pressure or threat can be challenged as involuntary, but evidence matters: emails, messages and witnesses showing the pressure.
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Under the Social Security Code, gratuity is payable on leaving after at least five years of continuous service, or one year for fixed-term employees, and on death or disablement without the minimum period. The amount is fifteen days' wages for each completed year of service, calculated on last drawn wages, subject to the ceiling notified by the government.
| Example | Calculation |
|---|---|
| Last drawn wages ₹39,000 a month, 7 years of service | ₹39,000 × 15 ÷ 26 × 7 = ₹1,57,500 |
| Fixed-term employee, wages ₹26,000, 2 years | ₹26,000 × 15 ÷ 26 × 2 = ₹30,000 |
Service of more than six months in the final year usually counts as a full year. Gratuity must be paid within thirty days of becoming payable, with interest for delay. If an employer refuses, apply to the controlling authority under the Code.
A full and final settlement typically includes unpaid salary, leave encashment as per policy or law, bonus, gratuity if eligible, reimbursements, and notice pay if applicable, minus lawful recoveries. Ask for a written statement of the calculation. Do not sign a receipt saying you have no further claims if you disagree; write "received under protest" or decline to sign, and take advice.
No law expressly requires an experience letter, but withholding a relieving letter or original documents to pressure an employee is unfair, and keeping someone's original certificates can lead to legal action. A notice from an advocate usually resolves this.
If the company goes into insolvency, employees and workers can file claims for unpaid salary as operational creditors before the resolution professional. Workers' dues have priority in liquidation over many other debts. File claims promptly when the public announcement is made.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, known as the POSH Act, applies to every workplace, including offices, factories, hospitals, schools, homes where domestic workers are employed, and places visited during work. It protects women employees, interns, trainees, consultants and visitors.
| Step | What the law says |
|---|---|
| Who handles complaints | An Internal Committee in workplaces with ten or more employees; a Local Committee set up by the district officer for smaller workplaces and domestic workers, or where the complaint is against the employer |
| Time limit | Complaint in writing within three months of the incident, or of the last incident in a series; the committee can extend this by three months for sufficient reason |
| Conciliation | Possible only if the woman asks for it, and never with a monetary settlement |
| Inquiry | Completed within 90 days, with a report within 10 days after that; the employer acts on it within 60 days |
| Interim relief | Transfer of either person, leave, or restraining the respondent from reporting on the complainant's work |
| Appeal | Within 90 days of the recommendations, to the appellate authority under the service rules or as notified |
| Confidentiality | Identities and proceedings must not be disclosed |
The Supreme Court has repeatedly directed employers to constitute committees properly and has held that a committee without the required external member or composition can vitiate proceedings. Sexual harassment may also be a criminal offence under the Bharatiya Nyaya Sanhita, and a police complaint can be made alongside, or instead of, the internal complaint. Online harassment by colleagues counts too.
People accused of harassment also have rights: to know the allegations, to reply, to cross-examine through the committee and to appeal. An advocate can help either side through a process that is often emotionally difficult.
If a woman is terminated after announcing a pregnancy or while on maternity leave, she can complain to the authority under the Social Security Code and challenge the termination. Keep the dates and correspondence.
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Many workers in India are employed through contractors rather than directly. The OSH Code requires contractors above the threshold to hold licences, and makes the principal employer responsible for ensuring that contract workers are paid. If a contractor fails to pay, the principal employer must pay and can recover the amount from the contractor.
Where contract labour is used for core, perennial work in a way that is really a disguise for direct employment, workers have sought, and sometimes obtained, recognition as employees of the principal employer. These cases depend heavily on facts such as who controls the work, who pays, and the nature of the job.
Inter-state migrant workers have rights under the OSH Code, including the same wages as local workers for the same work, a journey allowance, and the portability of welfare benefits through their registration. The code also provides for a helpline and a database of migrant workers.
| Topic | General position under the OSH Code and rules |
|---|---|
| Working hours | A normal working day of up to eight hours and a working week of up to forty-eight hours, with spread-over and rest intervals as prescribed |
| Overtime | Paid at twice the ordinary rate, within limits and with consent where the rules require |
| Weekly rest | At least one day of rest in a week |
| Annual leave | Paid annual leave after the qualifying days of work, with the right to carry forward and encash as prescribed |
| Appointment letter | Every employee must be given a written appointment letter |
| Health check-up | Annual free health check-ups for employees of specified ages in specified establishments |
| Safety | Employers must keep the workplace safe, provide protective equipment, and report accidents and dangerous occurrences |
If a worker is injured or dies in an accident arising out of and in the course of employment, compensation is payable under the Social Security Code, or through ESI benefits where the worker is insured. Report the accident in writing, keep medical records, and do not accept a private settlement without understanding the statutory amount.
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The Industrial Relations Code sets out a ladder for resolving disputes, from inside the workplace to the Industrial Tribunal. For wage claims, the Code on Wages has its own route before the claims authority.
Managers and other employees outside the "worker" definition usually go straight from the notice stage to a civil suit for damages or a wage claim. Government employees go to the administrative tribunal. An advocate can advise which forum fits, because choosing wrongly can cost months.
| Clause | Generally enforceable? |
|---|---|
| Confidentiality of business information | Yes, during and after employment |
| Non-compete during employment | Yes, an employer can restrict working for a competitor while you are employed |
| Non-compete after leaving | Generally no; Section 27 of the Indian Contract Act voids restraints of trade, and courts have consistently refused to stop former employees from working |
| Non-solicitation of clients and staff | Often enforced if reasonable, especially where it protects confidential information |
| Training bond or service bond | Recovery of actual, reasonable training costs is often upheld; large fixed penalties unrelated to real loss are usually reduced to reasonable compensation under Section 74 |
| Notice period and pay in lieu | Yes, as agreed; the employer can recover notice pay if you leave without serving notice and the contract provides for it |
| Withholding salary or documents as security | No; wages earned must be paid, and original certificates belong to the employee |
Before signing, read the offer letter for the notice period, bond terms and any restriction after leaving. When leaving, ask for the notice period to be waived or bought out in writing, and get the relieving letter before your last day if possible.
Employers face both new obligations and real penalties under the codes, though many offences can now be compounded and first-time inspections often focus on compliance rather than prosecution.
Our corporate lawyer guide covers wider business compliance, including data protection for employee records.
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Employees of the central and state governments, and many public bodies, are governed by service rules rather than the labour codes for most purposes. Their disputes about appointment, seniority, promotion, transfer, pay fixation, disciplinary action and pension are usually heard by the Central Administrative Tribunal or a State Administrative Tribunal where one exists, with a further challenge in the High Court.
Employees of public sector undertakings and statutory bodies may be "state" under Article 12, which allows writ petitions against arbitrary action. Our civil lawyer guide explains writ petitions more generally.
When a company lays off many people at once, or shuts down, employees often receive a short email and an offer of a fixed payout. Before accepting, check what the law requires.
| Question | Why it matters |
|---|---|
| Are you a "worker" under the Industrial Relations Code? | Workers are entitled to notice, retrenchment compensation and the reskilling fund contribution |
| Does the establishment employ 300 or more workers in a factory, mine or plantation? | If so, government permission is required, and retrenchment without it is illegal |
| Is the payout at least the statutory amount plus earned dues? | Earned salary, leave encashment and gratuity are separate from any severance |
| Is the company in insolvency? | Claims must be filed with the resolution professional or liquidator by the deadline in the public announcement |
| Is a release or waiver being demanded? | Read it carefully; signing may waive claims beyond the payout |
Collective action through a trade union, or a group of employees with a common advocate, often gets better terms than individual negotiation, and shares the cost.
When an employer accuses an employee of misconduct, such as theft, absence, insubordination or fraud, the law expects a fair process before serious punishment. The steps below come from standing orders, service rules and decades of court decisions on natural justice.
| Stage | What should happen | What the employee should do |
|---|---|---|
| Show cause notice or charge sheet | Specific allegations with dates and details, and time to reply | Reply in writing, point by point; ask for documents relied on |
| Suspension pending inquiry | Allowed in serious cases, usually with a subsistence allowance as the rules provide | Note the date; keep records of payments |
| Inquiry officer | An impartial person appointed to hold the inquiry | Object in writing if the officer is biased or a witness |
| Hearing | Evidence led, witnesses examined, the employee allowed to cross-examine and give their own evidence | Attend, take a co-worker as defence representative if permitted, ask questions |
| Inquiry report | Findings based on evidence, shared with the employee before punishment in many cases | Reply to the findings in writing |
| Punishment | Proportionate to the misconduct, considering past record | Note appeal rights under the standing orders or rules |
Industrial tribunals and courts set aside punishment where the inquiry was a formality, the employee was not allowed to defend themselves, or the punishment was shockingly disproportionate. For workers, the tribunal can examine whether the findings are supported by evidence and can reduce the punishment. Employers should take these steps seriously; employees should engage with the process rather than ignore it, because silence is often treated as an admission.
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Several laws protect specific groups against discrimination in employment, alongside the Constitution's guarantees, which bind government employers directly.
| Law | Protection |
|---|---|
| Rights of Persons with Disabilities Act, 2016 | Government establishments must not discriminate on the ground of disability, must provide reasonable accommodation, and cannot dispense with or reduce in rank an employee who acquires a disability during service; private employers must have an equal opportunity policy |
| HIV and AIDS (Prevention and Control) Act, 2017 | Prohibits denial or termination of employment, or unfair treatment, on the ground of HIV status, and protects confidentiality of status |
| Transgender Persons (Protection of Rights) Act, 2019 | Prohibits discrimination against transgender persons in recruitment, promotion and other employment matters |
| Code on Wages, 2019 | Prohibits gender discrimination in wages and recruitment for the same or similar work |
| Maternity benefit provisions | Protect against dismissal during maternity leave |
Evidence of discrimination is often indirect: comments, timing, how others were treated. Keep a dated record of what was said and done, and consider complaints to the grievance officer or commission set up under the relevant law, besides legal action.
The Industrial Relations Code governs trade unions and industrial action.
Collective disputes, such as wage revision or changes in service conditions, go through notice of change, conciliation, settlement or arbitration and, if needed, the Industrial Tribunal. A settlement signed in conciliation binds all workers in the establishment.
Employers collect a great deal of personal information: identity documents, addresses, bank details, health information, and increasingly data from laptops, email and monitoring software. The Digital Personal Data Protection Act, 2023, and the rules notified in November 2025, apply to this data as their obligations come into force.
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Employees in technology companies and startups often assume labour laws do not apply to them. Many do. The Code on Wages applies to all employees for payment of wages and timelines. Gratuity, provident fund, maternity benefit and POSH apply regardless of industry. Software engineers doing technical work below the supervisory wage limit, and many above it whose work is not managerial, may fall within the "worker" definition, though courts look at the actual nature of duties rather than the job title.
Common issues include offers withdrawn after joining dates, stock options lost on exit, sudden layoffs with short notice, and work-from-home arrangements changed without consultation. For ESOPs, the plan document decides what happens to vested and unvested options when you leave, so read it before resigning. For offer withdrawals, the offer letter and any expenses incurred in reliance on it, such as leaving a previous job, can support a claim for damages.
Working a second job while employed, often called moonlighting, became a widely discussed issue in the technology sector. The position depends largely on the employment contract and company policy.
If you plan outside work, read your contract and ask for written permission where required. If you are accused of moonlighting, respond to the charges in writing and insist on a fair inquiry.
When a worker is injured, or dies, because of an accident arising out of and in the course of employment, the employer must pay compensation under the Social Security Code's employee compensation provisions, unless the worker is covered by ESI, in which case ESI benefits apply instead.
A family that has lost a worker should ask for the accident report, post-mortem report and employment records, and should not sign any receipt of full settlement before understanding the statutory amount.
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Apprentices engaged under the Apprentices Act, 1961 are trainees, not workers, and are entitled to a stipend at not less than the prescribed rate, safe working conditions and a certificate on completion. Employers are not obliged to employ them afterwards unless the contract says so. Management trainees and probationers, by contrast, are usually employees, and the labour codes apply to them. Interns in offices are often unpaid or paid a stipend under an internship letter; the POSH Act protects women interns, and an internship that is really a job in disguise may attract wage claims.
Domestic workers, cooks, drivers and caregivers working in homes have historically had little protection under central labour laws. Several states include them in minimum wage notifications or welfare boards, and they can register on eShram for social security schemes. The POSH Act covers domestic workers, whose complaints go to the Local Committee. Employers of domestic workers should agree wages, hours, leave and notice in writing, and pay on time. Abuse, confinement or trafficking of domestic workers are crimes, and should be reported to the police and the labour department.
Private sector employees covered by the EPFO accumulate provident fund and, through part of the employer's contribution, a pension under the Employees' Pension Scheme, payable from age 58 after the qualifying service. Retirement age in the private sector is set by the employer's policy or standing orders. Gratuity is payable on retirement after five years of service.
Voluntary retirement schemes are offers by the employer, and their terms depend on the scheme document. Read whether accepting it waives other claims. For government employees, pension rules, commutation and family pension follow the applicable service and pension rules, and delays after retirement can be challenged through representations and the administrative tribunal, usually with interest.
Every case turns on its own facts. A verified advocate can tell you what applies to yours.
Most exit disputes can be avoided with a little care in the last few weeks of employment.
Leave entitlements come from several sources. The OSH Code provides for paid annual leave after a qualifying period of work, with the right to carry forward and encash leave within limits. State shops and establishments laws set weekly offs, national and festival holidays, and casual and sick leave for shops and offices, and they differ from state to state. Most states require the three national holidays, Republic Day, Independence Day and Gandhi Jayanti, to be given as paid holidays, with additional festival holidays as notified. Company policy can give more than the law, but not less. If you are asked to work on a holiday, the applicable law or policy usually provides for extra pay or a substitute holiday.
These are composites of common matters, not real cases. Results depend on documents, the forum and the facts.
A sales executive in Jaipur resigns after salary stops for three months. Two months after his last day, the final settlement still has not come. His advocate sends a notice citing the two-working-day rule in the Code on Wages, the unpaid months and his leave encashment under the policy. When the company offers half, he files a claim before the authority under the Code on Wages. The company pays the full amount at the first hearing to avoid compensation being added.
A technician in a Gurugram factory, earning below the supervisor wage limit, is called in and told to sign a resignation letter. He refuses and asks for the reason in writing. Two days later he receives a termination letter alleging poor performance, with no charge sheet or inquiry. His advocate raises an individual dispute with the conciliation officer. When conciliation fails, the Industrial Tribunal finds the termination illegal for lack of any inquiry and orders reinstatement with part back wages; the parties later settle on a lump sum.
A group of security guards employed through a contractor find their EPFO passbooks empty. They file grievances on the EPFO portal with their payslips. The EPFO assesses the dues against the contractor, and when the contractor fails to pay, recovery proceedings begin. The principal employer, a residential society, is also asked to ensure the contributions are made.
An analyst at a Bengaluru company keeps screenshots of messages from her manager over several months and files a written complaint with the Internal Committee within three months of the last message. The committee transfers the manager's reporting line as interim relief, completes the inquiry, and recommends action. She is also told she can file a police complaint if she wishes.
A software trainee leaves after eight months of a two-year service bond. The employer demands ₹2 lakh. Her advocate replies that the bond can at most support recovery of reasonable training costs actually incurred, which the company cannot show amounted to anything close. The matter settles for a small sum covering a certification course paid for by the employer.
Workers at a garment unit near Tiruppur are told the unit will close in a week, with an offer of one month's wages each. Their union's advocate checks the headcount and finds the establishment employs over 300 workers, so prior government permission for closure was needed and had not been sought. The union raises a dispute, and the closure is put on hold pending conciliation. The final settlement includes retrenchment compensation for each completed year, the reskilling fund contribution, gratuity for those eligible and earned leave encashment.
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Filing claims before the labour authorities and the EPFO grievance system costs little or nothing, and many workers handle the first steps themselves or through their union. Advocates set their own fees, often a fixed fee for a legal notice and a stage-wise fee for tribunal or court proceedings. Fees vary with the city, the forum and the complexity, and group claims by several employees can share the cost. An advocate cannot, under Bar Council rules, charge a percentage of the amount you win.
Workers who cannot afford an advocate should know that industrial workmen are specifically named among those entitled to free legal services under the Legal Services Authorities Act, 1987, along with women, Scheduled Caste and Scheduled Tribe members and people under the state income limit. The District Legal Services Authority at your district court can assign a panel advocate. Our eligibility tool gives a quick answer, and the fees guide explains how advocates usually charge.
Bar Council rules prevent advocates from advertising, so lists of "top labour lawyers" are not official. Look for someone whose practice matches your side and your forum.
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Workers are entitled to notice and retrenchment compensation, and every employee must receive earned wages and dues within two working days of leaving.
Fixed-term employees qualify after one year, and gratuity is payable on death or disablement regardless of the period.
Post-employment non-competes are generally void in India, though confidentiality obligations continue.
Original documents belong to the employee. A bond claim must be pursued lawfully, not by holding documents.
Complaints to the Internal Committee must be made within three months, extendable by three months for good reason.
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The Code on Wages, the Industrial Relations Code, the Code on Social Security and the Occupational Safety, Health and Working Conditions Code. They came into force on 21 November 2025, replacing 29 older laws, and the central rules were notified on 8 May 2026.
Under the Code on Wages, wages due must be paid within two working days of resignation, removal, dismissal or retrenchment.
Employees who complete five years of continuous service, fixed-term employees after one year, and the family of an employee who dies or the employee who is disabled, regardless of the period.
Fifteen days' wages for each completed year of service: last drawn monthly wages multiplied by 15, divided by 26, multiplied by the years of service, subject to the notified ceiling.
Workers with a year's service are entitled to a month's notice or pay in lieu and retrenchment compensation. Other employees are entitled to the notice in their contract. Dismissal for misconduct needs a fair inquiry. Earned wages must be paid in any case.
If you are a worker under the Industrial Relations Code, raise a dispute with the conciliation officer and then the Industrial Tribunal, which can order reinstatement or compensation. Managers usually claim damages for the notice period and dues through a notice and civil suit.
Write to the employer, send a legal notice, and file a claim before the authority under the Code on Wages, generally within three years. If the company is in insolvency, file your claim with the resolution professional.
Check your EPFO passbook, then file a grievance on the EPFO portal with your payslips. Non-deposit of deducted contributions is a serious default by the employer.
Generally no. Section 27 of the Indian Contract Act makes post-employment restraints on working void, though confidentiality and reasonable non-solicitation clauses can be enforced.
Courts usually allow recovery only of reasonable, actual training costs, not large fixed penalties. Take advice before paying, and do not let the employer hold your documents.
Submit a written complaint to the Internal Committee within three months, or to the Local Committee if your workplace has fewer than ten employees or the complaint is against the employer. A police complaint is also possible.
26 weeks of paid leave for the first two children and 12 weeks from the third child, for eligible women. An employer cannot dismiss a woman during maternity leave.
Yes. Under the OSH Code, women can work at night in all establishments with their consent, subject to the safety, transport and other conditions set by the government.
Employment for a fixed period under a written contract. Fixed-term employees get the same hours, wages and benefits as permanent staff doing similar work, and gratuity after one year.
Overtime is paid at twice the ordinary rate of wages for work beyond normal hours, within the limits set by the rules.
There is no express law requiring an experience letter, but withholding documents to pressure an employee is unfair, and original certificates must be returned. A legal notice usually resolves it.
The Social Security Code covers gig and platform workers for social security schemes, partly funded by aggregators, and unorganised workers can register on eShram. Detailed benefits are being notified.
Usually before the Central Administrative Tribunal or a State Administrative Tribunal, with a further challenge in the High Court.
Dismissal for misconduct should follow a fair process: a charge sheet, an opportunity to reply, an inquiry where the employee can defend themselves, and a proportionate punishment. Tribunals and courts set aside dismissals made without it.
Yes, but workers in any industrial establishment must give notice within sixty days before the strike and cannot strike within fourteen days of the notice, or while conciliation or tribunal proceedings are pending.
It depends on your contract and company policy. Many contracts require full-time exclusive service or permission for outside work. Working for a competitor or misusing confidential information is treated most seriously.
The employer must pay compensation calculated on the worker's monthly wages and age, subject to a minimum amount, or ESI dependants' benefit applies if the worker was insured. The family should not sign a full settlement before understanding the statutory amount.
State laws and company policy usually provide extra pay or a substitute holiday when you work on a paid holiday. Most states require Republic Day, Independence Day and Gandhi Jayanti to be paid holidays.
No. Posting your employment matter and getting a call from an enrolled advocate is free. Any fee is agreed directly with the advocate. Mara Vakil is a technology platform, not a law firm.
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Provident fund, ESI and gig workers
Provident fund
Establishments with twenty or more employees are covered by the provident fund scheme administered by the EPFO, with the employer and the employee each contributing a share of wages, commonly twelve percent. Your contributions and interest appear in your EPFO passbook, which you can check online with your UAN.
ESI
Employees earning up to the wage ceiling, currently ₹21,000 a month, in covered establishments are insured under the Employees' State Insurance scheme, which provides medical care, sickness benefit, maternity benefit, disablement benefit and dependants' benefit after a death from employment injury. Under the new code, coverage is voluntary for establishments with fewer than ten employees, and compulsory for hazardous work regardless of size.
Gig, platform and unorganised workers
The Social Security Code recognises gig and platform workers for the first time and provides for schemes funded partly by aggregators. Detailed benefits are being notified. Unorganised workers can register on the eShram portal to receive a universal account number linked to welfare schemes. Delivery partners, drivers and others in platform work should register, as schemes are linked to it.