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Educational Purpose Only: This page contains general legal information and public educational resources. Labour laws are governed by various central and state acts including the Code on Wages, 2019; Industrial Relations Code, 2020; and Social Security Code, 2020. The information provided may not apply to every factual situation and should not be treated as legal advice.
Operator Disclosure: Nyayaseva is operated and maintained by Advocate [Full Name]. The contents are provided solely for legal awareness and educational purposes. No legal advice, legal opinion, solicitation, advertisement or professional engagement is offered through this website.
What Next?
1
Understand your employee rights
2
Learn about applicable labour laws
3
Review procedures for claims
4
Gather evidence and documents
5
Seek professional advice if required
Detailed Educational Guides
Quick Employment Law Topics
Employee Rights
Basic rights, protections
Salary Disputes
Non-payment, deductions
Termination
Unfair dismissal, retrenchment
Gratuity
Eligibility, calculation
Provident Fund
Withdrawal, transfer
Workplace Harassment
POSH Act, complaints
Employee Rights Overview
General Information for Educational Purposes
Fundamental Employee Rights
Employees in India have several statutory rights under various labour laws including minimum wages, timely salary, safe working conditions, and social security benefits. These rights are derived from the Constitution and various labour codes.
Key Employee Rights
- Right to minimum wages
- Right to timely salary payment
- Right to safe working environment
- Right to statutory benefits (PF, ESI, Gratuity)
- Right to maternity/paternity leave
- Right against unfair termination
Educational Reference Only: Employee rights vary by type of employment and applicable labour codes. Consult a qualified legal professional for specific advice.
Salary & Wage Disputes
General Information for Educational Purposes
Common Salary Issues
Employees face issues like salary non-payment, delayed salary, unauthorized deductions, and non-payment of overtime wages. The Code on Wages, 2019 provides legal remedies.
Legal Remedies
- Send legal notice to employer
- File complaint with Labour Commissioner
- Approach Labour Court for recovery
- File civil suit for recovery of money
Educational Reference Only: Timeframes vary depending on court workload. Consult a qualified legal professional for specific advice.
Termination Guide
General Information for Educational Purposes
Types of Termination
Termination can be by resignation, retrenchment, dismissal for misconduct, or by mutual agreement. Each type has different legal requirements under the Industrial Relations Code, 2020 and employment contract.
Employee Rights on Termination
- Notice period as per contract
- Severance pay (for retrenchment)
- Full and final settlement
- Service certificate and experience letter
- Provident fund and gratuity withdrawal
Educational Reference Only: Unfair termination can be challenged in Labour Court or Industrial Tribunal. Consult a qualified legal professional for specific advice.
Gratuity Guide
General Information for Educational Purposes
What is Gratuity?
Gratuity is a lump sum payment made by an employer to an employee as a token of appreciation for services rendered. It is governed by the Payment of Gratuity Act, 1972.
Eligibility for Gratuity
- Minimum 5 years of continuous service
- Applicable to establishments with 10+ employees
- Payable on superannuation, retirement, resignation, death
Educational Reference Only: Calculation formula: Last drawn salary × 15/26 × number of years of service. Maximum gratuity: ₹20 lakh. Consult a qualified legal professional for specific advice.
Provident Fund (PF) Guide
General Information for Educational Purposes
What is EPF?
Employees' Provident Fund (EPF) is a retirement benefit scheme under the EPF & MP Act, 1952. Both employee and employer contribute 12% of basic wages towards the fund.
PF Benefits
- Lump sum withdrawal on retirement
- Partial withdrawal for specific needs (marriage, education, medical)
- Pension under EPS scheme
- Insurance under EDLI scheme (up to ₹7 lakh)
Educational Reference Only: EPF applies to establishments with 20+ employees. Consult a qualified legal professional for specific advice.
Workplace Harassment Guide
General Information for Educational Purposes
POSH Act, 2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 protects women from workplace sexual harassment. Employers must constitute Internal Complaints Committee (ICC).
Where to File Complaint
- Internal Complaints Committee (ICC) in organizations (10+ employees)
- Local Complaints Committee (LCC)
- Police complaint for criminal action
Educational Reference Only: Confidentiality is maintained in POSH proceedings. Inquiry must be completed within 90 days. Consult a qualified legal professional for specific advice.
Frequently Asked Questions
What to do if salary is not paid on time?
Send a legal notice to the employer. If still unpaid, file complaint with Labour Commissioner or approach Labour Court. Maintain records of payment delays.
Learn more →What is the notice period for termination?
Notice period depends on employment contract and applicable labour laws. Typically 30-90 days. Consult your employment agreement.
Learn more →When is gratuity payable?
After 5 years of continuous service, on superannuation, retirement, resignation, or death. Employer must pay within 30 days.
Learn more →How to check PF balance?
Check through EPFO portal (epfindia.gov.in), UMANG app, or by sending SMS to 7738299899.
Learn more →What is the POSH Act?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 protects women from workplace sexual harassment.
Learn more →Can gig workers claim employee benefits?
Gig workers' rights are evolving. The Social Security Code, 2020 recognizes gig workers. Some states have introduced welfare schemes for gig workers.
Learn more →
Disclaimer: Nyayaseva does not provide legal advice, legal opinion, legal representation, or professional recommendations. This information is for educational purposes only. Labour laws vary by state and industry. Users should consult qualified legal professionals for advice specific to their situation.