Employment

My employer hasn't paid my salary. What can I do?

You can claim it. Under the Code on Wages, monthly salary must be paid by the 7th of the next month. If it isn't, you can file a claim with the labour authority within 3 years, and the authority can also order extra compensation.

My company is delaying my full and final settlement after I resigned.

Under the Code on Wages, your pending salary must be paid within two working days after you leave, whether you resigned, were removed or retrenched. If you are eligible for gratuity, it is due within 30 days. A company policy of 45 or 60 days does not override these limits.

Can my company fire me without notice?

Usually not. Notice depends on your contract or standing orders. A 'worker' with one year's service can be retrenched only with one month's notice (or pay instead) and compensation. Dismissal for misconduct needs a fair inquiry. Managers mostly rely on their contract.

My employer isn't depositing my PF. How do I check and complain?

Check your PF passbook online with your UAN. If your salary slip shows a PF deduction but there is no deposit, complain to EPFO on the EPFiGMS portal. EPFO can recover the dues with damages, and not depositing a deducted share is a punishable offence.

Am I eligible for gratuity? How is it calculated?

Usually after 5 years of continuous service. Fixed-term employees qualify after 1 year, on a pro rata basis. Gratuity = last monthly wages × 15/26 × completed years. The employer must pay within 30 days of it becoming due.

I faced sexual harassment at work. Where do I complain?

Complain in writing to your workplace's Internal Committee within 3 months of the incident (or the last incident). If there is no committee because there are fewer than 10 workers, or the complaint is against the employer, go to the district's Local Committee.

What maternity benefits am I entitled to?

Up to 26 weeks of paid leave (max 8 before delivery) if you have fewer than two surviving children, or 12 weeks if you have two or more. You need 80 days' work in the 12 months before delivery. Your employer cannot dismiss you during this leave.

My company says I must pay a bond or serve full notice. Is that enforceable?

Partly. A minimum-service bond can be valid, but the company can usually recover only reasonable compensation, like real training costs, not any figure it names. Notice is as per your contract. A ban on joining a competitor after you leave is generally void.

How many hours can I be made to work? Do I get overtime?

Under the OSH Code, a worker can generally work up to 8 hours a day and 6 days a week (48 hours). Overtime needs your consent and must be paid at twice your normal wage rate. Shops and offices may also follow state rules.

My employer pays less than minimum wage. What can I do?

You can claim the difference. Under the Code on Wages, no employer may pay less than the minimum wage notified by the government for your skill level and area. File a claim with the labour authority within 3 years; it can order the arrears plus compensation.