Labour Rights India 2026
Every Worker's Legal Entitlements

Minimum Wage in India — You Cannot Be Paid Less Than This

The Minimum Wages Act 1948 mandates that no employer can pay a worker below the notified minimum wage for their category and state. Paying below minimum wage is a criminal offence. Wages are set separately for each state and industry category.

Central Government Floor Wage 2026

Select State Minimum Wages (Monthly — Unskilled, 2026)

Employee Provident Fund — Your Retirement Savings Are Protected

Under the Employees' Provident Fund Act 1952, EPF is mandatory for all employees earning up to ₹15,000/month basic salary in establishments with 20+ employees. Both employer and employee contribute 12% of basic salary each month.

Your EPF Rights

• UAN must be activated — your employer must provide your Universal Account Number (UAN). Demand it if not given.
• Monthly slip mandatory — employer must give you a monthly EPF contribution slip or you can check at passbook.epfindia.gov.in
• Transfer on job change — EPF must be transferred to new employer's PF trust using UAN, not withdrawn
• Employer cannot delay contribution — contribution must be deposited by the 15th of every month
• Employer share mandatory — employer cannot deduct their share from your salary

Gratuity — Formula, Eligibility and Maximum Amount

Under the Payment of Gratuity Act 1972, every employee who completes 5 years of continuous service is entitled to gratuity on retirement, resignation, or death/disability. Applies to establishments with 10+ employees.

Gratuity Calculation Formula

Gratuity Calculation Example

Key Gratuity Rules

• Must be paid within 30 days of leaving service — delay attracts interest at prescribed rate
• Service of 6+ months in the final year counts as a full year
• Gratuity cannot be forfeited except in cases of termination for violent behaviour or deliberate damage to property
• If employer refuses, file with Controlling Authority (Labour Commissioner) within 30 days

Leave Entitlements — How Many Days You Are Legally Owed

Maternity Leave Rights (Maternity Benefit Act 1961, amended 2017)

• 26 weeks paid maternity leave for first two children (12 weeks prior to delivery + 14 weeks after)
• 12 weeks paid for third child or more
• 12 weeks paid for adoptive mothers (child below 3 months)
• 6 weeks paid for commissioning mothers (surrogacy)
• Applies to establishments with 10 or more employees
• Employer cannot dismiss or deny promotion due to maternity leave
• Work from home option available after maternity leave if work nature permits
• Crèche facility mandatory in establishments with 50+ employees

Overtime Pay and Workplace Safety Rights

Overtime Pay

• Working hours limit: 9 hours per day, 48 hours per week under Factories Act
• Any work beyond these limits is overtime — must be paid at double the ordinary rate
• Overtime cannot exceed 50 hours per quarter without government permission
• Overtime records must be maintained by employer and can be inspected

Workplace Safety Rights

• Safe working environment is a legal right — employer must maintain safe machinery, adequate ventilation, proper lighting
• Personal protective equipment (PPE) — gloves, helmets, safety shoes — must be provided FREE by employer for hazardous work
• Right to refuse unsafe work — workers can refuse clearly dangerous tasks without penalty
• Accident compensation: Employees' Compensation Act mandates lump sum compensation for work injuries, disablement, and death
• ESIC (Employee State Insurance): medical coverage for employees earning up to ₹21,000/month in ESIC-covered establishments

Where to File Labour Complaints — Free, No Lawyer Needed

How Labour Rights Protected One Worker — A Real Example

Vijay worked as a security guard for a private firm in Bengaluru for 7 years at a salary of ₹14,000/month. When the firm lost the contract and shut down, they told Vijay he was not eligible for gratuity because he was a "contract" employee. He had no written employment contract.

A legal aid volunteer explained that the Payment of Gratuity Act does not distinguish between permanent and contract employees — only continuous service of 5+ years matters. Vijay filed a complaint with the Labour Commissioner with his attendance records and salary slips as proof. The authority issued a notice to his employer. Within 45 days, Vijay received ₹40,385 in gratuity — calculated at 15 days' last drawn salary per year of service. The employer also had to pay interest for delayed payment.

Frequently Asked Questions — Verified 2026

• Can my employer deduct money from salary for EPF employer share?+
  No. The employer's 12% EPF contribution (which includes 8.33% EPS + 3.67% EPF) must be paid entirely by the employer from their own funds. It cannot be deducted from your salary. Only your 12% employee share can come from your salary. If your employer is deducting their share from your wages, file a complaint at epfigms.gov.in or the Labour Commissioner's office immediately.
• My employer says gratuity is only for permanent employees. Is this true?+
  No. Gratuity is payable to all employees — permanent, contract, or casual — who have completed 5 years of continuous service in an establishment with 10 or more employees. The nature of employment (permanent vs contract) does not matter. If you worked for the same establishment for 5+ years, you are entitled to gratuity.
• I was terminated without notice. What are my rights?+
  Under the Industrial Disputes Act, workers in establishments with 100+ employees cannot be retrenched without government permission (Chapter VB). For establishments under 100 employees, you are entitled to: 1 month's notice or wages in lieu, retrenchment compensation (15 days' wages per year of service), and payment of all dues. Approach the Labour Commissioner for unfair termination. Free legal aid is available through NALSA (15100).
• Do domestic workers have labour rights in India?+
  Domestic workers are protected under the Unorganised Workers' Social Security Act 2008 and many state-specific domestic workers welfare schemes. They can register on e-Shram (eshram.gov.in) for ₹2 lakh accident insurance. Some states (Kerala, Karnataka) have specific domestic worker welfare boards providing insurance, pension, and maternity benefits. Delhi has a minimum wage notification specifically for domestic workers.
• Is maternity leave available for women on contract or temporary employment?+
  Yes. The Maternity Benefit Act 1961 applies to all women employees — permanent, contract, or daily-wage — in establishments with 10 or more employees. The condition is that the woman must have worked for at least 80 days in the 12 months preceding the expected delivery date. Refusal of maternity leave by an employer is a punishable offense under the Act.
• My employer is paying below minimum wage — what can I do?+
  Payment below minimum wage is a criminal offense under the Minimum Wages Act 1948. File a complaint at: (1) shramsuvidha.gov.in online portal, (2) your state's Labour Commissioner office, or (3) the nearest Labour Enforcement Officer. You can claim arrears of unpaid wages for up to 3 years. The employer is liable to pay the difference plus compensation up to 10 times the shortfall.
• Can I be forced to work more than 8 hours a day without overtime?+
  No. Under the Factories Act and most Shops & Establishments Acts, working hours are capped at 9 hours/day and 48 hours/week. Any work beyond this is overtime and must be paid at twice the ordinary wage rate. Spread-over (time from start to end of work) cannot exceed 10.5 hours in factories. If made to work overtime without double pay, file a complaint with the Labour Inspector or at shramsuvidha.gov.in.
• What is the labour helpline number in India?+
  National Labour Helpline: 1800-11-8001 (toll-free). EPF grievance: 1800-118-005. For EPF and ESIC online complaints: shramsuvidha.gov.in. For sexual harassment at workplace: file with the Internal Committee (IC) of your company or the Local Committee at the district WCD office.

Official Portals & Contact Numbers

• Shram Suvidha Portal: shramsuvidha.gov.in — file labour law complaints online
• National Labour Helpline: 1800-11-8001 — toll-free, for all labour rights queries
• EPFO Grievance Portal: epfigms.gov.in — for EPF complaints, delays, withdrawals
• EPFO Helpline: 1800-118-005 — toll-free EPF helpline
• e-Shram Portal (Unorganised Workers): eshram.gov.in — register for social security benefits
• NALSA Free Legal Aid: 15100 — free lawyer for labour disputes

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