IndiaEmployment
Wrongful termination, overtime pay, unpaid wages, discrimination, leave rights
25 questions
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Salary & Wages
(4)Can my employer make deductions from my salary without consent?
No, your employer cannot make arbitrary salary deductions without your written consent, except for specific statutory deductions or those permitted under the Payment of Wages Act, 1936.
My employer hasn't paid my wages for 2 months. What can I do?
You can file a complaint with the Labour Inspector under the Payment of Wages Act, 1936, or approach the Labour Court or Industrial Tribunal for recovery. You may also claim compensation up to 10 times the unpaid wages.
My employer demands I work overtime without extra pay. Is this legal?
No, it is generally illegal for employers in India to demand overtime without extra pay — the law requires overtime wages at double the ordinary rate for hours beyond 9 per day or 48 per week.
What is the minimum bonus an employee is entitled to?
An employee in India is entitled to a minimum bonus of 8.33% of their salary or ₹100 (₹60 for employees under 15), whichever is higher, under the Payment of Bonus Act, 1965.
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Termination & Dismissal
(5)I was terminated without notice. Is this legal under Indian law?
Termination without notice is generally illegal in India unless the employee was dismissed for misconduct after a proper inquiry. Employers must give at least 30 days’ notice or pay in lieu, as per the Industrial Disputes Act.
How is retrenchment compensation calculated?
Retrenchment compensation in India is calculated as 15 days’ average pay for every completed year of continuous service, with a minimum of 3 months’ notice or pay in lieu.
I was wrongfully terminated. Can I get reinstatement?
Yes, you may be reinstated if your termination was illegal or unjust, especially under the Industrial Disputes Act, 1947 — but only if you were a 'workman' and worked in a scheduled industry.
I was falsely accused and dismissed. What remedies exist?
You may file a civil suit for wrongful dismissal or approach labour authorities under the Industrial Disputes Act, 1947. If dismissed without inquiry or natural justice, the dismissal can be set aside by courts or tribunals.
My employer changed my service conditions without notice.
Your employer generally cannot unilaterally change your service conditions without your consent or prior notice, especially if it adversely affects your rights under the employment contract or applicable labour laws.
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Maternity & Paternity
(4)What maternity benefits am I entitled to?
You are entitled to 26 weeks of paid maternity leave, medical allowance up to ₹3,500, and protection from dismissal during pregnancy and leave under the Maternity Benefit Act, 1961.
I was dismissed during a pregnancy. Is this protected?
Yes, dismissal during pregnancy is illegal in India under the Maternity Benefit Act, 1961, which prohibits termination of employment during maternity leave or due to pregnancy.
Can women work night shifts in India?
Yes, women can work night shifts in India, but with specific safeguards and employer obligations under the Factories Act and state-specific rules.
Can my employer deny me paternity leave?
No, your employer cannot deny paternity leave if you meet the eligibility criteria under the Maternity Benefit (Amendment) Act, 2017 — it applies to establishments with 10+ employees and grants 15 days of paid leave.
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Harassment & Safety
(4)I'm facing sexual harassment at work. What is the complaint mechanism?
You can file a written complaint with the Internal Complaints Committee (ICC) at your workplace within 3 months of the incident — extendable up to 6 months for sufficient cause.
Every employer must have an Internal Complaints Committee. What is this?
The Internal Complaints Committee (ICC) is a mandatory body set up by every employer in India with 10 or more employees to receive and redress complaints of sexual harassment at the workplace, as required under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
My employer isn't providing a safe workplace. What law applies?
The Factories Act, 1948 and the Occupational Safety, Health and Working Conditions Code, 2020 apply to ensure a safe workplace in India.
My employer hasn't constituted an ICC. What penalty do they face?
An employer who fails to constitute an Internal Complaints Committee (ICC) faces a fine of up to ₹50,000 for the first offence, and higher penalties—including cancellation of registration or de-recognition—for subsequent violations under the POSH Act.
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Statutory Benefits
(4)My employer hasn't deposited my PF contributions. What can I do?
You can file a complaint with the Regional Provident Fund Commissioner, escalate to the PF Appellate Tribunal, or approach civil/criminal courts. Employers who fail to deposit PF contributions face penalties up to 3 years’ imprisonment and fines.
What percentage of salary goes to EPF?
Both employee and employer contribute 12% of the employee’s basic salary and dearness allowance to the EPF, making a total contribution of 24%.
My gratuity payment was denied after 5 years of service. Is this right?
No, gratuity cannot be denied after 5 years of service — it is mandatory under the Payment of Gratuity Act, 1972, provided the employee has completed at least 5 years of continuous service.
Can a fixed-term employee claim equal benefits as permanent staff?
Yes, fixed-term employees in India are entitled to equal wages and benefits as permanent employees doing the same or similar work, under the Industrial Disputes Act and recent amendments.
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Industrial Relations
(3)What is the process for raising an industrial dispute?
An industrial dispute in India is raised by submitting a written complaint to the appropriate government authority (e.g., Labour Commissioner), which may then refer it to a conciliation officer, board of conciliation, or labour court depending on the nature and parties involved.
Can I be transferred without my consent?
Generally, no — an employer cannot unilaterally transfer you without your consent unless your employment contract or service rules expressly permit it, and even then, the transfer must be reasonable and not punitive.
I'm a contract worker. Can I claim regularisation?
Contract workers in India generally cannot claim automatic regularisation, but courts have directed regularisation in cases of long-standing, continuous service where the engagement was found to be a 'sham contract' to avoid labour protections.