Employee Rights

Your Rights

• ✓Right to written terms of employment including designation, salary, working hours, and notice period.
• ✓Right to timely payment of wages under the Payment of Wages Act and Code on Wages 2019.
• ✓Right to retrenchment compensation of fifteen days' wages per completed year of service if continuously employed for one year or more.
• ✓Right to gratuity under the Payment of Gratuity Act 1972 after five years of continuous service.
• ✓Right to provident fund and ESI contributions if applicable thresholds are met.
• ✓Right to challenge wrongful termination before the Labour Court or Industrial Tribunal.
• ✓Right to safe working conditions, including freedom from sexual harassment under POSH Act 2013.
• ✓Right to maternity leave of twenty-six weeks for first two children under the Maternity Benefit Act 1961.
• ✓Right to weekly off, paid leave, and bonuses as per the applicable Shops and Establishments Act of the State.

Relevant Statutes

What to Do

1. 1Always retain a copy of your appointment letter, salary slips, and all official communications with HR.
2. 2If terminated, ask for a written termination letter with the grounds clearly stated and request your full and final settlement.
3. 3Compute and demand statutory dues: notice pay, retrenchment compensation, gratuity, leave encashment, PF, and bonus.
4. 4If the employer denies dues or terminates wrongfully, file a case before the Labour Commissioner or the Labour Court.
5. 5For unpaid wages or PF, complaints can also be made to the Regional Provident Fund Commissioner or Inspector under Wages Act.
6. 6Document harassment, discrimination, or denial of statutory benefits in writing — emails are particularly strong evidence.