Salary held back for months, a full and final settlement that never comes, a sudden "you need not come from tomorrow", a resignation forced at a meeting, gratuity refused after years of service: employment disputes are among the most common legal problems for working people in Delhi. Since 21 November 2025, the four Labour Codes have replaced 29 older labour laws, changing the deadlines for paying wages, the definition of wages, the route to labour tribunals and the rules on retrenchment. This guide explains who is protected, the payment deadlines, how to claim unpaid wages and gratuity, when a termination is illegal and what remedies follow, the separate position of managers and senior staff, Delhi's 2026 changes to shops and establishments law, and what the courts have decided recently. Share your situation in the form and an enrolment-checked advocate can call you, at no charge to you.
Under the Code on Wages, 2019, in force since 21 November 2025, monthly wages must be paid by the seventh day of the following month, and all dues must be paid within two working days of removal, dismissal, retrenchment or resignation. Unpaid wages can be claimed before the authority under the Code within three years, and the employer can be ordered to pay compensation on top. Gratuity is payable after five years of continuous service (one year for fixed-term employees) at 15 days\' wages per year, under the Code on Social Security. A worker who is dismissed, discharged or retrenched can raise an individual industrial dispute: after applying for conciliation, the worker may approach the Industrial Tribunal directly once 45 days pass, and the dispute must be raised within two years. Retrenchment needs notice and compensation; illegal termination can lead to reinstatement or compensation. Managers and senior staff outside the "worker" definition rely mainly on their contract and civil courts. Start with a written demand and a legal notice, and keep every document.
For decades, an employee in Delhi with a salary or termination problem had to navigate a patchwork of laws: the Payment of Wages Act, the Minimum Wages Act, the Industrial Disputes Act, the Payment of Gratuity Act, the Delhi Shops and Establishments Act and many more. That changed on 21 November 2025, when four consolidated Labour Codes took effect across India, folding 29 older central statutes into the Wage Code (2019), the IR Code (2020), the Social Security Code (2020) and the OSH Code (2020). The Centre issued its rules under all four Codes on 8 May 2026; Delhi and other states have been working on their own.
The Codes keep many familiar protections but change important details: a single definition of wages, tighter deadlines for paying dues on exit, gratuity for fixed-term employees after one year, a reskilling fund payment on retrenchment, and a faster route to tribunals for individual disputes. Parts of the Codes are being rolled out in stages, and disputes arising from facts before 21 November 2025 can still fall under the earlier statutes. Knowing which law applies to your dates is the first step.
| Code | Replaces (among others) | Key for employees |
|---|---|---|
| Code on Wages, 2019 | Payment of Wages Act, Minimum Wages Act, Payment of Bonus Act, Equal Remuneration Act | Definition of wages, minimum wages, timely payment, deductions, bonus, claims |
| Industrial Relations Code, 2020 | Industrial Disputes Act, Trade Unions Act, Industrial Employment (Standing Orders) Act | Termination, retrenchment, closure, standing orders, disputes and tribunals |
| Code on Social Security, 2020 | EPF Act, ESI Act, Payment of Gratuity Act, Maternity Benefit Act and others | PF, ESI, gratuity, maternity benefit, gig and platform worker schemes |
| OSH Code, 2020 | Factories Act, Contract Labour Act and others | Working hours, overtime, appointment letters, safety, contract labour |
Coverage differs across the Codes, and this matters a great deal for remedies.
Designation alone does not decide whether someone is a "worker". Courts look at the nature of the main duties: a "manager" who mostly does clerical or technical work, with no power to hire, fire or sanction, may still be a worker. This question often decides whether a terminated employee can go to the Industrial Tribunal or must sue in a civil court.
Service disputes of Union government staff go to the Central Administrative Tribunal; Delhi Government employees to the tribunal or courts provided for them; and public sector employees may have writ remedies in the Delhi High Court. This guide focuses on private employment.
Section 17 of the Code on Wages fixes deadlines:
| Wage period | Deadline |
|---|---|
| Daily | At the end of the shift |
| Weekly | On the last working day of the week, before the weekly holiday |
| Fortnightly | Before the end of the second day after the fortnight |
| Monthly | Before the expiry of the seventh day of the following month |
| On removal, dismissal, retrenchment or resignation | Within two working days |
The two-working-day rule for exit dues is a significant change. Many employers in Delhi were used to settling "full and final" dues 45 or 60 days after an employee left. Under the Code, wages payable on exit must be paid within two working days, though other dues governed by separate provisions, such as gratuity, have their own timelines.
The Code adopts a single definition of wages for all purposes, covering basic pay, dearness allowance and retaining allowance, and excluding certain items such as bonus, house rent allowance, conveyance, overtime and the employer's PF contribution. If excluded items exceed 50 per cent of total remuneration, the excess is added back to wages. This affects the calculation of gratuity, PF and other benefits, and employees whose salary was heavily loaded into allowances may see higher benefits.
Only deductions authorised by the Code can be made, such as taxes, PF and ESI contributions, recovery of advances and loans, fines imposed in accordance with the Code, and deductions for absence. Total deductions in a wage period generally cannot exceed 50 per cent of wages. Arbitrary deductions for "losses", "notice shortfall" beyond the contract, or "damages" without due process can be challenged.
The Delhi Government notifies minimum wages for unskilled, semi-skilled, skilled and graduate or higher categories, revising the variable dearness allowance twice a year. The Code also provides for a national floor wage. Paying less than the notified minimum is unlawful even if the employee agreed to it. Check the current rates on the Delhi Labour Department's website.
Under the Codes, overtime is payable at twice the ordinary rate of wages, with the worker's consent. Delhi's 2026 amendment to its Shops and Establishments Act also changed working hours and overtime limits for shops and commercial establishments, explained below.
Write to HR and the management by email, listing the months unpaid, the amounts, and the dues on exit. Ask for payment by a specific date. Keep the reply, or the silence, as evidence.
A legal notice from an advocate, citing the Code on Wages deadlines and the consequences of non-payment, often produces payment or a settlement offer. Mara Vakil's paid legal notice service can draft one.
Section 45 of the Code on Wages provides for claims arising from non-payment, short payment, delayed payment or unlawful deductions to be heard by an authority appointed by the appropriate government, usually an officer of the labour department. The claim must generally be filed within three years from the date on which it arises. The authority can direct payment of the amount due and also award compensation, which can be up to ten times the amount in appropriate cases. Claims can be filed by the employee, a trade union, or an inspector-cum-facilitator on the employee's behalf.
Under the Code on Social Security, which absorbed the Payment of Gratuity Act, an employee who has rendered continuous service of at least five years is entitled to gratuity on superannuation, retirement, resignation, death or disablement, or termination. The five-year condition does not apply on death or disablement. Fixed-term staff become eligible after a single year, with gratuity in proportion to their service. Gratuity is calculated at 15 days' wages for every completed year of service (or part exceeding six months), based on last drawn wages, up to the statutory ceiling, which has been Rs 20 lakh. Because the wage definition now limits allowances to 50 per cent, gratuity calculated on "wages" may be higher than before for many employees.
Gratuity is payable within the time the law prescribes after it becomes due, failing which interest is payable. Disputes go to the controlling authority under the Code. Gratuity can be forfeited only in limited cases, such as termination for misconduct causing financial loss, or for riotous or violent conduct or offences involving moral turpitude, to the extent and in the manner the law allows.
Employers covered by EPF must deduct and deposit contributions. Employees can check deposits through the EPFO portal using their UAN. Where the employer deducted but did not deposit, complain to the EPFO; non-deposit of deducted contributions can also attract criminal liability. On leaving, PF can be transferred to the new employer or withdrawn as permitted.
Leave encashment and notice pay depend on the contract, standing orders, and law. Statutory bonus under the Code on Wages applies to employees within the prescribed wage ceiling in covered establishments. Bonuses, incentives, retention payments and stock options beyond the statute depend on the terms of employment and are enforced as contractual claims.
Employers sometimes withhold relieving or experience letters to pressure employees. There is no general statute requiring an experience letter, but withholding documents to force an employee to give up dues may be challenged, and courts have taken a dim view of coercive tactics. A legal notice often resolves this.
The answer depends on who you are and how you were terminated.
Managers and senior staff are governed mainly by their employment contract. Termination in breach of the contract's notice clause entitles them to damages, usually the salary for the notice period and contractual benefits. Courts generally do not order reinstatement of private employees in contract cases, because a contract of personal service is not specifically enforced, except in narrow situations.
Employees are often asked to "resign" in a meeting to avoid a termination letter. A resignation obtained by coercion or threat can be challenged as in substance a termination. Do not sign under pressure; ask for time and the request in writing, and record what happened in an email soon after.
Under the Industrial Relations Code, a dispute connected with the discharge, dismissal, retrenchment or termination of an individual worker is an industrial dispute even if no union or group of workers takes it up, continuing the position under the old section 2A of the Industrial Disputes Act.
The appropriate government, and therefore the conciliation machinery and tribunal, depends on where the establishment and the worker are located and the nature of the employer. In Rajeshwar Dayal Aggarwal v. Enicar Machine (India) (11 May 2026), the Delhi High Court upheld a finding that the Delhi Government lacked jurisdiction to refer a dispute of a worker employed at a Faridabad unit merely because the company's registered office was in Delhi. Workers in NCR should check this carefully before filing.
Courts have increasingly awarded lump-sum compensation instead of reinstatement, especially where much time has passed or the relationship has broken down. In Sauraj Singh v. Indian Airlines (8 May 2026), the Delhi High Court found that 1998 retrenchments breached the retrenchment provisions and enhanced compensation, graded by length of service, instead of ordering reinstatement. Back wages are not automatic; the worker's employment in the meantime and the circumstances matter.
Delhi's labour courts and industrial tribunals have sat in the Dwarka court complex since 2017, along with central government industrial tribunals. With the Labour Codes, tribunals under the Industrial Relations Code take over the work, and transition arrangements apply to pending cases. Check with the Delhi Labour Department or an advocate where your case should be filed.
Employees outside the "worker" definition have fewer statutory routes, but strong contractual ones.
Contractual claims of significant value are filed in Delhi's civil courts; those over Rs 2 crore are filed directly in the Delhi High Court. Commercial courts do not ordinarily deal with employment contracts.
The Delhi Shops and Establishments Act of 1954 governs a large share of the city's commercial workplaces, from showrooms and offices to eateries and hotels. In 2026, Delhi amended it significantly. The Delhi Shops and Establishments (Amendment) Act, 2026 was passed by the Legislative Assembly on 9 January 2026, received Presidential assent on 23 February 2026 and was notified on 11 March 2026. As reported, the main changes are:
| Subject | Change |
|---|---|
| Applicability | Now applies to establishments employing twenty or more employees |
| Daily hours | Up to ten hours including the lunch interval |
| Weekly hours | Up to 60 hours, from 54 |
| Continuous work | Up to six hours without a break, from five |
| Spread-over | A uniform maximum of twelve hours |
| Overtime cap | 144 hours per quarter, instead of 150 hours a year |
| Women at night | Permitted with written consent and safeguards, including CCTV, security, safe transport, at least two women on shift and POSH compliance |
The Act has also historically required notice or wages in lieu before dispensing with the services of employees with a minimum period of service, except for misconduct, and provided a route to the prescribed authority against wrongful termination. Employees of establishments still covered should check how these provisions apply after the amendment and alongside the Labour Codes.
The Delhi Labour Department operates through district labour offices, with labour officers, conciliation officers and inspectors-cum-facilitators. Complaints can be made in person or through its online systems. For establishments under central jurisdiction, such as banks, airlines, railways and certain central public sector undertakings, the central labour machinery under the Chief Labour Commissioner applies.
These are composite illustrations, not real cases.
A quality inspector with four years' service in a factory in Okhla is told to stop coming, with three months' salary unpaid. He is a worker under the Industrial Relations Code. His advocate sends a legal notice demanding wages and retrenchment compensation, then files a wage claim before the authority under the Code on Wages and an application for conciliation challenging the termination. After 45 days without settlement, the advocate approaches the Industrial Tribunal directly. The employer settles by paying wages, notice pay, retrenchment compensation and an agreed amount instead of reinstatement.
A delivery manager working from a Delhi office of an IT company is terminated with only 15 days' notice although his contract requires 60 days. He supervises a team and earns well above the threshold, so he is not a worker. His claim for 45 days' salary in lieu of notice, unpaid variable pay promised by email and leave encashment is pursued through a legal notice and then a civil suit; his salary for the last month, unpaid beyond the deadline, is also claimed under the Code on Wages.
A shop assistant paid below the notified minimum wage for two years quits and claims the difference. The authority under the Code on Wages orders payment of the shortfall and compensation. She also checks that her PF was deposited through the EPFO portal.
An accountant resigns after six years; the employer refuses gratuity, saying she left without serving full notice. Gratuity cannot be withheld on that ground. She applies to the controlling authority and receives gratuity with interest for the delay.
Labour and employment cases reward an advocate who knows both the new Codes and the transition rules, and who regularly appears before the labour authorities, industrial tribunals and the Delhi High Court. Look for someone who:
Put a short note about your job and the dispute in the form above, and verified Delhi labour advocates can phone you. There is no charge for this; legal fees are a matter between you and the lawyer. Mara Vakil's paid legal notice and legal notice reply services are often the first step. You can also browse labour lawyers in Delhi, read about labour law practice, or see how to choose an advocate.
These simplified examples show how common dues are worked out. Actual figures depend on your wage components, contract and the law in force on the relevant dates.
Formula: last drawn monthly wages × 15 ÷ 26 × completed years of service (a part year of more than six months counts as a full year). For an employee with last drawn wages of Rs 40,000 a month and 7 years 8 months of service: 40,000 × 15 ÷ 26 × 8 = about Rs 1,84,615. If the employee's basic pay was low and allowances high, the 50 per cent rule may raise the "wages" figure used here.
Fifteen days' average pay for every completed year of continuous service. For a worker with average monthly pay of Rs 25,000 and 4 years' service: 25,000 × 15 ÷ 30 × 4 = Rs 50,000, plus one month's notice pay if notice was not given, plus the employer's separate contribution of 15 days' wages to the Worker Re-skilling Fund.
If a manager earning Rs 1,20,000 a month with a 60-day notice clause is terminated with 15 days' notice, the shortfall of 45 days is worth roughly Rs 1,80,000, plus contractual benefits for that period.
For three months' unpaid salary of Rs 30,000 each, the principal claim is Rs 90,000. The authority under the Code on Wages may add compensation for the delay, and interest may also be claimed in civil proceedings.
| Problem | Legal position and what to do |
|---|---|
| Salary cut without consent | A unilateral reduction in agreed pay is a breach of contract and, if it takes wages below what is due, an unlawful deduction. Object in writing and claim the difference. |
| Salary delayed every month | Repeated delay violates the payment deadlines; complaints to the labour authority and claims for compensation are possible. |
| Company shut down without paying | Claim wages, notice and closure compensation where applicable; if the company is insolvent, file claims in the insolvency process. |
| Startup layoffs | Workers are entitled to retrenchment safeguards; non-workers to contractual notice and severance terms. Check whether the employer followed notice and compensation rules. |
| Termination during probation | Probationers can usually be discharged under the terms of appointment, but not for victimisation, and dues must still be paid. |
| Termination by email or WhatsApp | The mode does not make it valid or invalid by itself; what matters is notice, reasons where required, and compliance with law and contract. |
| "Abandonment of service" alleged | Employers sometimes claim an employee abandoned work; keep proof of your attempts to report, emails asking for duties, and medical records if absent due to illness. |
| Training bond or recovery of training costs | Reasonable bonds requiring repayment of actual training costs may be enforced; penalties far exceeding real costs are often struck down. |
| Original certificates retained by employer | Employers have no right to keep employees' original educational certificates to prevent them leaving; demand return and, if refused, take legal action. |
| Paid in cash with no salary slips | Employment can be proved through attendance, messages, co-workers, ID cards, and bank deposits; minimum wage and timely payment rules still apply. |
| Notice period buyout refused | Depends on the contract; an employer cannot hold you indefinitely, and disputes over notice recovery should be resolved by negotiation or claim. |
| Full and final settlement delayed for months | Wages on exit are due within two working days under the Code on Wages; other dues such as gratuity have their own timelines. |
Many Delhi workers, such as security guards, housekeeping staff, drivers and data entry operators, are employed through contractors or manpower agencies and placed at a principal employer's premises, including government offices and hospitals. If the contractor fails to pay wages, the law makes the principal employer responsible for ensuring payment, and the principal employer can recover the amount from the contractor. Contract workers should keep their ID cards, attendance records and any documents showing where they worked. Complaints can be made to the labour department against both the contractor and the principal employer. Under the OSH Code, contract labour rules apply to establishments engaging fifty or more contract workers, and contract labour in core activities is restricted with exceptions.
| Issue | Before 21 November 2025 | Under the Labour Codes |
|---|---|---|
| Payment of wages on exit | Within two working days of removal or dismissal under the Payment of Wages Act; resignation not expressly covered | Within two working days of removal, dismissal, retrenchment or resignation |
| Coverage of wage protection | Payment of Wages Act limited by a wage ceiling | All employees, no ceiling |
| Definition of wages | Varied across laws | Uniform, with the 50 per cent allowances rule |
| Gratuity for fixed-term staff | Five years' service required | Proportionate after one year |
| Standing orders threshold | 100 workers in many cases | 300 workers |
| Permission for retrenchment | 100 or more workers | 300 or more workers |
| Reskilling contribution | None | 15 days' wages per retrenched worker |
| Individual disputes | Section 2A; direct access to labour court after 45 days of conciliation application | Similar route to Industrial Tribunal after 45 days; two-year limit |
| Labour courts | Labour courts and industrial tribunals | Industrial Tribunals under the IR Code |
Forward important emails to your personal account before you lose access to the office system, but do not take confidential company data beyond what you need to prove your own claim; misuse of confidential information can create problems.
Keep the tone factual. If there is no response, an advocate's legal notice is the next step.
| Claim | Usual time limit |
|---|---|
| Wage claim under the Code on Wages | Three years from when the claim arises |
| Raising an industrial dispute on termination | Two years under the IR Code |
| Approaching the Industrial Tribunal directly | After 45 days from the conciliation application |
| Civil suit for contractual dues | Generally three years under the Limitation Act |
| Cheque bounce complaint | Demand notice within 30 days of dishonour; complaint within one month after the 15-day notice period |
| Gratuity application | Within the period prescribed, with delay condonable for sufficient cause |
Most employment disputes end in a settlement, often at the conciliation stage or after a legal notice. Employers usually ask the employee to sign a release giving up all claims. Read it carefully.
Delivery riders, cab drivers on apps and other platform workers are a large part of Delhi's workforce. They are usually engaged as independent partners rather than employees, which limits claims under wage and industrial relations law. The Code on Social Security recognises gig and platform workers and provides for welfare schemes funded partly by aggregators' contributions, along with registration. Disputes about payouts, deactivation and incentives are mostly governed by the platform's terms, with possible remedies in consumer or civil forums depending on facts. Where a "partner" is in reality controlled like an employee, courts may look at the substance of the relationship. Gig workers injured in road accidents can also claim under motor accident law; see our MACT guide.
Salary disputes are mainly civil and labour matters, and police generally do not register FIRs simply because salary is unpaid. Criminal remedies may arise where an employer deducted PF or other amounts and did not deposit them, issued salary cheques that bounced, forged documents, threatened or assaulted an employee, or cheated job seekers by taking money for jobs that did not exist. In those cases, see our guide on getting an FIR registered in Delhi.
Employers in Delhi, especially small and medium businesses, can avoid most of these disputes with a few practices:
Mara Vakil's legal notice reply service can help an employer respond to an employee's notice, and advocates on the platform advise businesses on compliance.
Before the seventh day of the following month under section 17 of the Code on Wages.
Wages due on exit must be paid within two working days, whether you resigned or were removed.
Yes, since 21 November 2025, with central rules notified on 8 May 2026.
29 central laws including the Payment of Wages Act, Minimum Wages Act, Industrial Disputes Act and Payment of Gratuity Act.
Yes. Timely payment and minimum wage rules apply to all employees.
Employees doing manual, skilled, technical, operational or clerical work, excluding managers and supervisors earning above Rs 18,000 a month.
No. Courts look at the main nature of your duties.
Write to the employer, send a legal notice, then file a claim before the authority under the Code on Wages.
Generally three years from when the claim arises.
Yes. The authority can award compensation in addition to the amount due.
Only authorised deductions are allowed, generally capped at 50 per cent of wages.
Basic pay, DA and retaining allowance, with excluded allowances added back if they exceed 50 per cent of remuneration.
Yes. It can increase the wage base for gratuity and other benefits.
No. Minimum wages cannot be waived.
On the Delhi Labour Department website; rates are revised twice a year.
Twice the ordinary rate of wages, with consent, under the Codes.
After five years of continuous service, or proportionately after one year for fixed-term employees.
15 days' wages for each completed year of service, based on last drawn wages, up to the ceiling.
It has been Rs 20 lakh.
No, not on that ground alone; forfeiture is allowed only in limited misconduct cases.
To the controlling authority under the Code on Social Security.
Complain to the EPFO; non-deposit can attract penalties and criminal liability.
Through the EPFO portal using your UAN.
Termination for reasons other than misconduct, superannuation, non-renewal of a fixed term or ill-health.
Give one month's notice or wages, pay retrenchment compensation of 15 days' pay per year, and notify the government.
A fund to which employers contribute 15 days' last drawn wages for each retrenched worker, within 45 days under the rules.
Yes. Industrial establishments with 300 or more workers need prior government permission for lay-off, retrenchment and closure.
The rule that the last person employed in a category is ordinarily retrenched first.
For misconduct, a fair enquiry is required. The Supreme Court stressed this in Jai Prakash Saini (2026).
Rules on conditions of service and misconduct, required for establishments with 300 or more workers.
Yes. A resignation obtained by coercion can be treated as a termination.
Do not sign under pressure; ask for time and written reasons.
No. Dismissal during maternity leave or due to pregnancy is prohibited.
Victimisation for a sexual harassment complaint is unlawful.
A dispute about a single worker's discharge, dismissal, retrenchment or termination, which can be raised without a union.
Apply to the conciliation officer; if unresolved after 45 days, approach the Industrial Tribunal directly.
Disputes must be raised within two years under the Code.
Yes, with or without back wages, or compensation instead.
No. They depend on circumstances, including employment elsewhere in the meantime.
The appropriate government depends on where the establishment and worker are; a Delhi registered office alone may not be enough.
That Delhi lacked jurisdiction for a worker employed in Faridabad merely because the company's office was in Delhi.
It found illegal retrenchment and enhanced compensation instead of reinstatement.
Delhi's labour courts and industrial tribunals have sat at the Dwarka court complex since 2017.
Generally no, if outside the worker definition; contractual remedies apply.
Notice pay and contractual benefits as damages, through notice and civil suit.
Rarely; courts usually award damages, not reinstatement, for personal service contracts.
A non-compete that bites after employment ends is ordinarily void under section 27 of the Contract Act.
Yes, reasonable confidentiality and trade secret obligations can continue after you leave.
There is no general statutory right, but coercive withholding can be challenged.
Send a statutory demand notice and, if unpaid, file a section 138 NI Act complaint.
Contractual bonuses can be claimed in civil court or as part of dues.
Employees can file claims in the insolvency process and may be operational creditors.
Usually a civil wrong, but non-deposit of deducted PF or cheating can be criminal.
Applicability to 20 or more employees, 10-hour days, 60-hour weeks, 12-hour spread-over, new overtime cap and women's night shift rules.
On 11 March 2026.
Yes, with written consent and safeguards like CCTV, transport, security and at least two women on shift.
After the 2026 amendment, it applies to establishments with twenty or more employees.
They bring gig and platform workers into social security schemes, but these workers are not treated as employees for every purpose.
Yes, broadly on par with permanent staff, including proportionate gratuity.
The OSH Code requires appointment letters for workers in covered establishments.
Yes, at the district labour office or through its online systems.
The central labour machinery under the Chief Labour Commissioner.
Often yes, if all dues are covered in writing; take advice before signing a release.
Offer and appointment letters, salary slips, bank statements, emails, attendance and termination papers.
Transition rules may apply the old laws to earlier events; take advice on the applicable law.
Yes, unions and inspectors-cum-facilitators can file claims on behalf of employees.
An officer under the Codes who inspects and also advises employers and workers on compliance.
Not necessarily, but a lawyer helps with complex claims, terminations and tribunal cases.
Nothing. Platform charges apply only to papers it drafts for you.
No. An independent advocate you choose does; the platform only makes the introduction.
Yes, through its paid legal notice service.
Respond carefully; Mara Vakil offers a paid legal notice reply service.
Last drawn monthly wages × 15 ÷ 26 × completed years; Rs 40,000 for 8 years gives about Rs 1.85 lakh.
More than six months in the last year counts as a full year.
Fifteen days' average pay per completed year of continuous service.
Not unilaterally; it is a breach of contract and may be an unlawful deduction.
Claim wages and closure compensation; if insolvent, file in the insolvency process.
Usually under the appointment terms, but not for victimisation, and dues must be paid.
The mode alone does not decide validity; notice and legal requirements matter.
Keep proof of your attempts to report and reasons for absence; abandonment must be shown, not assumed.
Reasonable recovery of actual training costs may be; excessive penalties are often unenforceable.
No. Employers cannot retain original certificates to stop you leaving.
Yes. Employment can be proved through attendance, messages, co-workers and other evidence.
It depends on the contract and negotiation with the employer.
Eligible women get paid maternity leave under the Code on Social Security.
No. Dismissal on account of pregnancy or during maternity leave is prohibited.
Employers with ten or more employees must constitute an Internal Committee.
Yes. The Code on Wages prohibits gender discrimination in wages for similar work.
The principal employer must ensure payment and can recover from the contractor.
Yes, alongside the contractor, before the labour department.
Yes, as per the notified category for their work.
Yes, against the contractor and, for payment, the principal employer.
The establishment where contract workers are deployed, which has certain liabilities for their wages and welfare.
Under the OSH Code, they apply to establishments engaging fifty or more contract workers.
Interest may be claimed in civil proceedings, and the wage authority can award compensation.
It depends on its nature and the contract; the Code's definition and the 50 per cent rule may be relevant.
Generally the company is liable; personal liability arises only in specific situations recognised by law.
The old Payment of Wages Act did not expressly cover resignation; the Code on Wages now does.
Yes, under the Payment of Wages Act; the Code on Wages has no ceiling.
Industrial Tribunals take over their work, with transition arrangements for pending cases.
Keep evidence of your own claim, but avoid taking confidential company data you do not need.
Your details, the dues month by month, the legal deadlines, a payment date and a request for relieving letters.
Generally three years under the Limitation Act.
Within 30 days of receiving the dishonour information.
Unpaid work arrangements without agreement may be challenged; claim wages for work done.
Short payment is a wage claim; record each month's shortfall.
It may be effective, but record it in writing immediately and seek written reasons.
Adjustments must follow the contract and law; arbitrary deductions can be challenged.
Leave encashment depends on law, standing orders and the contract.
It can recover its property lawfully, but cannot withhold wages beyond the legal deadline as leverage.
It may claim notice pay as per the contract, but cannot hold your wages hostage beyond lawful adjustments.
Depends on the arrangement; genuine employment attracts wage laws, while training stipends depend on terms.
Apprentices are governed by the Apprentices Act and stipend rules rather than ordinary wage rules.
Yes, through civil remedies and, where applicable, minimum wage notifications; specific schemes may also help.
Complaints can be made to appropriate bodies, but POSH Internal or Local Committees are the statutory route.
Yes. The Codes and the Delhi Shops Act apply to IT and other commercial establishments as applicable.
Possible where termination is illegal, but tribunals often award compensation instead.
Only after checking that all dues are covered and paid; take advice on the terms.
No. Statutory gratuity cannot be reduced below the legal entitlement by agreement.
Yes. Settlements in conciliation can be recorded, giving them statutory force.
Usually engaged as partners, not employees, though the substance of control can matter.
The Code on Social Security provides for welfare schemes and registration for gig and platform workers.
Generally no, unless there are crimes like PF non-deposit, cheating, forgery or threats.
Yes. Taking money for non-existent jobs can be cheating and should be reported to the police.
You can refuse clauses that record misconduct you deny.
Enforce the settlement; keep a copy and proof of the agreed amount.
Tax treatment depends on the nature of each payment; check with a tax adviser.
Only on grounds like fraud, coercion or mistake; settlements are otherwise binding.
Indian labour law applies to work performed here; contractual and jurisdiction clauses also matter.
Many do, to comply with the uniform wage definition and the 50 per cent allowances rule.
Establishments with twenty or more workers must set one up under the rules.
With a factual reply, ideally through an advocate; Mara Vakil offers a paid reply service.
After the 2026 amendment, it applies to establishments with twenty or more employees; others follow the Codes.
No. Payment deadlines are statutory regardless of the employer's finances.
Yes. Salary for days actually worked during notice is wages and must be paid.
It is a contractual claim; demand it in writing and pursue legal remedies if refused.
Only if the contract provides for it, and only reasonable recovery.
This page gives general information based on the sources listed, as checked on 18 October 2026. Labour Code rules and transition provisions are still being implemented; confirm the current position with an advocate before acting. Mara Vakil is a technology platform, not a law firm, and does not give legal advice. Read our disclaimer.
Join Mara Vakil and receive client requests from Delhi. Free, enrolment-checked profile. Client requests in your practice area, no commission on your fees, a free case diary and your court group. Apply in about 10 minutes.