Indian labour law is a complex framework of central and state statutes designed to protect employees while balancing employer interests. Understanding your rights is the first step to enforcing them.
Key Rights of Employees
- Minimum Wages: Every state fixes minimum wages for scheduled employments. Employers cannot pay below this.
- Working Hours: Maximum 9 hours per day and 48 hours per week; overtime at double rate.
- Paid Leave: Earned leave, casual leave, and sick leave as per the Shop and Establishment Act of the state.
- Gratuity: Payable after 5 years of continuous service under the Payment of Gratuity Act, 1972.
- Provident Fund: Mandatory for establishments with 20+ employees.
- Maternity Benefit: 26 weeks of paid maternity leave under the Maternity Benefit Act.
- Protection against wrongful termination: Notice period and severance as per contract and law.
Recourse for Workplace Disputes
Employees can approach the Labour Commissioner, file a complaint with the appropriate court, or seek remedies through industrial tribunals. For sexual harassment, the Internal Complaints Committee under the POSH Act is the first forum.
New Labour Codes
Four new labour codes (Code on Wages, Industrial Relations, Social Security, and Occupational Safety, Health and Working Conditions) have been passed and will reshape the landscape once fully notified by states.
Conclusion
Knowing your rights empowers you to act when they are violated. If you are facing workplace issues — unpaid wages, wrongful termination, or harassment — consult a labour law expert promptly. At Gorav Law Associates, we represent both employees and employers in labour disputes.