Workers' Rights
Employment protections under Indian central law — minimum wages, working hours, provident fund, gratuity, maternity benefits, and protection from unfair dismissal.
Covered in this guide:
If you work in India, your minimum wage, hours, and pay protection sit under the four Labour Codes — enforceable from 21 November 2025 — Code on Wages 2019, Industrial Relations Code 2020, Social Security Code 2020, and OSH Code 2020. The Centre notified the Code on Wages (Central) Rules, 2026 on 8 May 2026. The old Acts (Minimum Wages 1948, Payment of Wages 1936, Industrial Disputes 1947, Factories 1948) have largely been repealed at the central level, with their substantive protections re-enacted in the Codes. State rules are mixed — several states have notified final rules, many are operating under draft rules, and the residual machinery of the old Acts still runs in parallel during transition. EPF gives you 12% + 12% retirement savings, gratuity kicks in at 5 years (now waived for fixed-term workers from day one under the SS Code), and the Maternity Benefit Act, 1961 guarantees 26 weeks of paid leave (re-enacted in SS Code ss. 62-68). Retrenchment in establishments of 300+ workers requires prior government approval under the IR Code — the threshold was raised from 100 in the old Industrial Disputes Act.
Key Laws
Code on Wages, 2019 (enforceable 21 Nov 2025; Central Rules 8 May 2026)
Act No. 29 of 2019
Universal minimum wage coverage; national floor wage; double-rate overtime; Section 45 ten-times-compensation Authority; Inspector-cum-Facilitator framework
Industrial Relations Code, 2020 (enforceable 21 Nov 2025)
Act No. 35 of 2020
Trade unions, strikes, retrenchment (300+ worker threshold for prior government approval), dispute resolution
Social Security Code, 2020 (enforceable 21 Nov 2025)
Act No. 36 of 2020
EPF, ESI, gratuity (day-one for fixed-term workers), maternity benefits, gig and platform worker recognition
Occupational Safety, Health and Working Conditions Code, 2020 (enforceable 21 Nov 2025)
Act No. 37 of 2020
9-hour daily / 48-hour weekly caps, 125-hour quarterly overtime cap, joint H&S committees in 20+ employee workplaces
POSH Act, 2013 (standalone — not subsumed by codes)
Act No. 14 of 2013
Sexual harassment at the workplace: Internal Committee, 90-day inquiry, SHe-Box portal
Minimum Wages
India does not have one minimum wage. It has hundreds. The Code on Wages, 2019 — enforceable from 21 November 2025 and supplemented by the Code on Wages (Central) Rules, 2026 on 8 May 2026 — requires...
Working Hours and Overtime
The headline numbers depend on where you work. Factory workers are capped at 9 hours a day, 48 hours a week under the OSH Code 2020 Chapter VII (enforceable 21 November 2025), with a quarterly...
Employees' Provident Fund (EPF)
The EPF is the closest thing organised-sector India has to a forced savings habit. Twelve percent of your basic salary leaves your payslip every month and lands in a retirement account you can see on...
Employee State Insurance (ESI)
ESI is the parallel system to EPF: where EPF stores your retirement money, ESI buys you healthcare and a wage replacement when you cannot work. It is one of India's oldest social insurance schemes,...
Gratuity
Gratuity is the lump-sum terminal benefit the law forces an employer to pay you for sticking around. The threshold is five years of continuous service. Cross it and the cheque is statutory — not a...
Maternity Benefits
India runs one of the most generous statutory maternity regimes in the world on paper — and one of the most under-enforced in practice. The Maternity Benefit Act, 1961 as rewritten by the 2017...
Protection from Unfair Dismissal
The Industrial Disputes Act 1947 (IDA) — and now the Industrial Relations Code 2020 (IR Code), enforceable 21 November 2025 — make a job in industrial India sticky. Unlike the at-will model of US...
Sexual Harassment at the Workplace (POSH)
India's workplace sexual harassment regime sits in one tightly drafted central statute — the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act, Act...
EPF Withdrawal via UPI (EPFO 3.0)
The EPFO 3.0 rollout, announced by Union Labour Minister Dr Mansukh Mandaviya on 19 May 2026, introduces UPI-based withdrawals from the Employees' Provident Fund. Members can now withdraw up to...
Legal Notice for Unpaid Salary (India Format)
When an Indian employer withholds wages, the formal first step is a legal notice — a written demand sent by registered post with acknowledgement (RPAD) citing the relevant statute. The notice creates...