Labour Rights in India — Complete Worker's Guide
Your Core Labour Rights
Every worker in India — whether in a factory, office, shop, or as a contractual employee — has rights under various central labour laws. Here are the most important ones:
1. Minimum Wage
Under the Minimum Wages Act, 1948, every employer must pay at least the minimum wage as notified by the Central or State Government for your category of work.
- Minimum wages are fixed by skill category (unskilled, semi-skilled, skilled, highly skilled)
- Rates differ by state and industry
- Check your state's current minimum wage at labour.gov.in
If you are being paid less than minimum wage, you can file a complaint with the Labour Department.
2. Working Hours
Under the Factories Act and Shops and Establishments Act:
- Maximum 9 hours per day and 48 hours per week
- Overtime must be paid at twice the normal wage rate
- Mandatory rest interval of at least 30 minutes after 5 hours of work
- 1 day off for every 6 days worked
3. Provident Fund (PF)
Under the Employees' Provident Fund Act, 1952:
- Applicable to organizations with 20+ employees
- Employee contributes 12% of basic salary
- Employer also contributes 12%
- You can check your PF balance on the EPFO portal: epfindia.gov.in
If your employer deducts PF but doesn't deposit it — this is a criminal offense. Complain to EPFO.
4. Gratuity
Under the Payment of Gratuity Act, 1972:
- Applicable after 5 years of continuous service
- Formula: (Last drawn salary × 15 × Years of service) ÷ 26
- Maximum gratuity: ₹20 lakh (tax-free up to this limit)
- Must be paid within 30 days of leaving
5. Leave Entitlements
| Type of Leave | Entitlement |
|---|---|
| Earned/Privilege Leave | 1 day per 20 days worked (factories) |
| Sick Leave | Varies by state (typically 7–12 days) |
| Casual Leave | 8–12 days (varies by state/sector) |
| Maternity Leave | 26 weeks (first 2 children) |
| Paternity Leave | 15 days (central govt; private varies) |
6. Maternity Benefits
Under the Maternity Benefit Act, 1961 (amended 2017):
- 26 weeks paid maternity leave for first two children
- 12 weeks for third child onwards
- 8 weeks for adoption/commissioning mothers
- Applicable to organizations with 10+ employees
- Cannot be fired during maternity leave
7. Protection from Wrongful Termination
Under the Industrial Disputes Act, 1947:
- Companies with 100+ workers must get government permission before retrenchment
- Notice period must be served or notice pay given
- Retrenchment compensation: 15 days pay for every completed year of service
- You cannot be fired for union activity or raising a genuine grievance
8. Sexual Harassment at Workplace (POSH)
Under the Sexual Harassment of Women at Workplace Act, 2013:
- Every organization with 10+ employees must have an Internal Complaints Committee (ICC)
- Complaints must be resolved within 90 days
- If no ICC exists, complain to the Local Complaints Committee at the District level
How to File a Labour Complaint
Step 1: Try Internal Resolution
Raise the issue in writing with your HR department. Keep a copy.
Step 2: File with Labour Department
Visit your District Labour Office (every district has one). Complaints can also be filed online on your state's Labour Department portal.
Step 3: Labour Court
For disputes involving termination, wage recovery, or PF — approach the Labour Court in your district. You can represent yourself.
Step 4: Helplines
- Central Labour Helpline: 14567 (Mon–Fri)
- EPFO Helpline: 1800-118-005 (Toll Free)
- ESI Helpline: 1800-11-2526 (Toll Free)
Documents to Keep Safe
- Appointment letter / offer letter
- Salary slips (last 3 months minimum)
- PF account number and UAN
- Any written communication with employer
- ID proof provided to employer
Important: Know Your UAN
Your Universal Account Number (UAN) links all your PF accounts. Activate it at unifiedportal-mem.epfindia.gov.in. You can:
- Check PF balance
- Download PF passbook
- Transfer PF when changing jobs
- Withdraw PF online