11 Rights Covered
Right to minimum wages
Employer must pay at least the minimum wage fixed by state government for your job category. Minimum Wages Act 1948. Check your state Labour Department's current notification. Non-payment is a criminal offence.
Right to appointment letter and monthly salary slip
Every employee is entitled to an appointment letter stating role, salary, and terms. Monthly salary slip is mandatory under Shops and Establishments Act in most states. Both are vital evidence in disputes.
Right to Provident Fund (EPF)
If employer has 20+ employees and your salary is up to Rs.15,000/month, EPF contribution is mandatory. Employer must deposit 12% of basic salary. Check your PF balance on EPFO portal. Non-deposit by employer is a criminal offence.
Right to Gratuity after 5 years
After completing 5 years of continuous service, you are entitled to gratuity: 15 days basic salary per completed year of service, maximum Rs.20 lakh. Payment of Gratuity Act 1972. Must be paid within 30 days of leaving.
Right to paid annual and sick leave
Factories Act: 1 day earned leave for every 20 days of work. Sick leave varies by state Acts. Unused earned leave can be encashed on resignation or retirement. Denial of statutory leave is actionable.
Right against sexual harassment at workplace (POSH Act)
Every organisation with 10+ employees must have an Internal Complaints Committee (ICC). Sexual harassment complaint must be enquired and resolved within 90 days. Complainant cannot be victimised. POSH Act 2013.
Right to maternity leave (26 weeks for first child)
26 weeks paid maternity leave for first and second child; 12 weeks for third child onwards. Cannot be dismissed or discriminated against during maternity leave. Maternity Benefit Act 1961 (amended 2017).
Right to safe and healthy working conditions
Employer must provide safe working environment, protective equipment, and safety training. Maximum working hours: 48 per week (Factories Act). Overtime is voluntary and must be paid at double rate.
Right to notice pay on termination
Termination (except for proven misconduct) requires 30-90 days notice or pay in lieu, as per appointment letter or ID Act. Retrenchment compensation: 15 days pay per completed year of service.
Right to ESI (Employee State Insurance)
Employees earning up to Rs.21,000/month in factories and shops are covered by ESI for medical treatment, disability benefit, and maternity benefit. Your employer must register you and contribute 3.25% of wages.
Right to form and join trade union
Every worker has the right to form and join a trade union of their choice. Trade Unions Act 1926. Employer cannot prevent union formation or victimise workers for union activity.