Every working person in India — whether in a factory, office, shop, farm, or gig economy — has legal rights. India has consolidated 29 labour laws into 4 major Labour Codes covering wages, industrial relations, social security, and occupational safety. From minimum wages to maternity leave, EPF contributions to gratuity, workplace safety to protection from wrongful termination — this comprehensive guide covers all rights every Indian worker must know to protect themselves from exploitation.
The Code on Wages 2019 mandates a National Floor Wage below which no state government can set minimum wages. State-specific minimum wages are set by each State Labour Department and vary by type of work and skill level. Check your applicable minimum wage at your State Labour Department website. If your employer pays less than minimum wage, it is a criminal offense. File complaint with the Labour Commissioner or Wage Inspector.
If your employer has 20 or more employees, EPF contribution is mandatory. Employee contributes 12% of basic salary, and employer contributes another 12% (of which 8.33% goes to EPS pension scheme and 3.67% to EPF). Total 24% of your basic salary is saved monthly. You receive all of this at retirement or when you quit. Check your EPF balance anytime via UMANG app or epfindia.gov.in.
If you have completed 5 years of continuous service with the same employer, you are entitled to gratuity on leaving, retirement, or death. Formula: (Last drawn salary × 15/26) × Number of years of service. For example: ₹30,000 salary × 15/26 × 10 years = ₹1,73,077. Gratuity is capped at ₹20 lakh. It is entirely the employer's cost — nothing is deducted from your salary.
Under the Maternity Benefit (Amendment) Act 2017, women employees in establishments with 10 or more employees are entitled to:
| Leave Type | Entitlement | Notes |
|---|---|---|
| Earned Leave (EL) | 1 day per 20 days worked (Factories Act) | Accumulates and can be encashed |
| Sick Leave | As per state Shops & Establishments Act | Usually 7–12 days per year |
| Casual Leave | As per state law | Usually 7–10 days per year |
| National Holidays | 3 national holidays mandatory (26 Jan, 15 Aug, 2 Oct) | Additional state/declared holidays |
Under the Factories Act: Maximum 9 hours per day and 48 hours per week. Any work beyond these limits is overtime — to be paid at double the normal wage rate. Total overtime must not exceed 50 hours per quarter (12 weeks). Night shift workers (women and men) must be provided safe working conditions and transport.
Employees earning up to ₹21,000 per month in establishments with 10+ employees (20+ in some states) are covered under ESIC. Employee contributes 0.75% of wages; employer contributes 3.25%. Benefits include: free medical treatment for self and family at ESIC hospitals, sickness benefit (70% of wages for up to 91 days), maternity benefit, disability benefit, and dependent family pension in case of death.
If you work as a daily wage worker, domestic worker, construction worker, street vendor, or in any unorganized sector job, register at e-shram.gov.in for free. Benefits: ₹2 lakh accident insurance under PM SVANidhi, priority access to government welfare schemes, and creation of a national database that helps government design targeted welfare programs for unorganized workers.
Answers to the most common questions — verified and updated 2025
Disclaimer: MeraHaq is an independent information platform for Indian citizens. We are not affiliated with any government department or ministry. All information is provided for guidance purposes only and is updated regularly. Always verify from official government websites before applying. Last updated: January 2025.