Your Rights at Work: A Simple Guide to Labour & Employment Laws in India.
Sep 10, 2025
2 min read
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Most workers in India, whether daily-wage earners, factory hands, or office professionals are not fully aware of their legal rights. This lack of awareness often leads to exploitation: unpaid overtime, denial of minimum wages, unsafe working conditions, or sudden termination.
The good news is that Indian labour and employment laws protect every worker, whether skilled or unskilled. Knowing your rights empowers you to question unfair practices and seek remedies.
1. Working Hours & Overtime
Under the Factories Act, 1948 and most Shops & Establishments Acts:
Maximum working hours: 9 hours per day, 48 hours per week.
Spread-over: Work including rest cannot exceed 10.5 hours/day (extendable up to 12 with government approval).
Overtime: Any work beyond limits must be paid at double the ordinary wage rate.
These rules apply to both skilled and unskilled workers. Employers cannot force extra hours without lawful overtime pay.
2. Wages & Equal Pay
Under the Minimum Wages Act, 1948, every worker must receive at least the notified minimum wage, which differs for skilled, semi-skilled, and unskilled categories, and varies state to state.
The Equal Remuneration Act, 1976 ensures equal pay for equal work, irrespective of gender.
Under the Payment of Wages Act, 1936, wages must be paid on time - monthly, weekly, or daily, as prescribed.
3. Leave & Holidays
Annual leave (Factories Act): 1 day of paid leave for every 20 days of work, after completing 240 days in a year.
Weekly rest: One day off after 6 working days.
Maternity Benefit: 26 weeks of paid leave for eligible women workers (Maternity Benefit Act, 1961).
Casual & Sick Leave: Vary across states under their respective Shops & Establishments Acts.
4. Social Security Benefits
Provident Fund (PF): Mandatory in establishments with 20+ workers. Generally covers employees earning up to ₹15,000/month.
Employees’ State Insurance (ESI): For employees earning up to ₹21,000/month in notified areas (establishments with 10+ employees). Provides medical and other benefits.
Gratuity: Payable after 5 years of continuous service (Payment of Gratuity Act, 1972).
Pension & Insurance: Benefits available under EPFO schemes.
5. Health, Safety & Dignity at Work
Employers must ensure a safe workplace - clean drinking water, sanitation, ventilation, protective gear where required.
Child labour (below 14 years in hazardous occupations) is prohibited.
Right against sexual harassment: The POSH Act, 2013 requires Internal Complaints Committees in workplaces.
6. Termination & Job Security
Employers must give reasonable cause and notice/pay before termination.
Under the Industrial Disputes Act, 1947:
Workers with 240+ days of service in a year cannot be retrenched without notice and compensation.
Daily wagers may not enjoy the same job security but are still protected against arbitrary or unlawful dismissal.
7. What to Do If Rights Are Violated
Raise the issue with HR/management.
Keep evidence: appointment letter, wage slips, work records.
File a complaint with the Labour Commissioner.
Approach the Labour Court or Industrial Tribunal.
Seek legal advice early to strengthen your case.
Conclusion
Labour rights are not a privilege, they are a legal guarantee. Whether you are a factory worker, shop employee, or corporate professional, the law protects your right to fair wages, humane working hours, safe conditions, and dignity at work.
