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 Codesenforceable 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 The old Acts (Minimum Wages 1948, Payment of Wages 1936, Industrial Disputes 1947, Factories 1948) have largely been repealed at the central level, with their substantive protections re-enacted in the Codes.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...

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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...

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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...

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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,...

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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...

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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...

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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...

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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...

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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...

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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...

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