Rights of Employees


Ten basic rights of an employee in India

1. Leave is the right of all employees 

Generally, an employee is given the following leaves during the course of his or her employment:

- Advertisement -
WhatsApp Channel Join Now
Telegram Group Join Now
Instagram Group Follow Now

    1. Casual Leave: This is provided to an employee to take care of urgent or unseen matters like a family emergency; for example, employees can apply for casual leave to attend a parent-teacher meeting called for by their child’s school.
  1. Sick Leave: Sick leave is provided when an employee gets sick.
  2. Privilege or Earned Leave: Privilege or earned leaves are long leaves that are planned for in advance.
  3. Other Leaves – Apart from the above mentioned leaves, there are some other paid, unpaid or half-paid leaves which are provided at the discretion of the company. Study leave and bereavement leave are two such examples.

Medical Certificate for one-day sick leave

Usually, when a sick leave exceeds beyond two or three days, depending upon the company policy, employees are requested to submit a medical certificate to sanction the leave. However, in the case of one-day sick leave, an employer should not ask for a medical certificate.

In one of its judgements, the Supreme Court mentioned that an employee will not necessarily seek medical attention if he or she is ill for just a day.

Encashment Leave

An employee can take encashment leave while quitting service, superannuation, discharge, dismissal or death. Leave encashment should be as per average daily wages of an employee.

Type of Leave Privileged / Earned Casual Sick Maternity
Quantum per year 1 day leave for every 20 days worked in the previous year (Eg. 300 days worked = 15 days leave) Nil Nil As per ESI Act OR Maternity Benefits Act
Entitlement On working 240 days in the first  previous year NA NA NA
Utilization To apply for leave 15 days prior. Leave not to be availed more than 3 times a year NA NA NA
Carry Forward Not more than 30 days NA NA NA

Leave during notice period

An employee can take leave during notice period, provided it is for a genuine reason like maternity, health issues, etc.

The Delhi High Court, in one of its judgement, said that an employee can take leave during the notice period if nothing is mentioned in the appointment letter which bars the employee from taking leave during the notice period, if he has leave to his credit and is entitled to the same.

2. Protection from sexual harassment at the work place

It is the responsibility of the employer to ensure that his/her employees, especially female employees, are protected while at work. All incidents of sexual harassment – regardless of how big or small they are or who is involved – require employers or managers to respond quickly and appropriately. Just because someone does not object to inappropriate behaviour in the workplace, it does not mean that they are consenting to the behaviour.

An aggrieved woman can seek remedy under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Sexual harassment is punishable under the Indian Penal Code

The law mandates employers to formulate a policy which prohibits sexual harassment. The policy should be a part of the company’s service regulations to provide a healthy working environment. The company’s policy must clearly define what exactly constitutes a sexual harassment and enumerate penalties, online grievance redressal procedures as well as additional resources like a list of individuals to be contacted for consultation, etc. The policy should also ensure impartiality in investigation.

The law outlines the structure of an internal complaint committee for organisations with ten or more employees and instructs the formation of a district level local complaint committees for other organisations.

All offices, hospitals, institutions and other establishments should set up an internal complaint committee. The employer should nominate the committee members and constitute the committee. The committee should also include a senior woman as a member, two other employees as members and a non-governmental member.

At the district level, the District Officer (normally the Collector), an officer as authorized under the act, should constitute a Local Complaints Committee.

A Nodal Officer will also be nominated by the District Officer for each block, municipality or tribal area to receive complaints and to forward them to the respective local complaint committee within seven days.

3. Maternity benefit

The Maternity Benefits Act, 1961 (MBA) was enacted with respect to employment of pregnant women in establishments.

Earlier, the law mandated that a female worker was entitled to a maximum of 12 weeks (84 days) of maternity leave. Of these 12 weeks, six weeks leave are for post-natal leave.

Employees are also entitled to one additional month of paid leave in case of complications arising due to pregnancy, delivery, premature birth, miscarriage, medical termination or a tubectomy operation (two weeks in this case).

With new amendments made to the Maternity Benefits Act, 1961, the paid maternity leave has been extended from 12 weeks to 26 weeks for women working in the private sector.

No employer can employ a woman in the six weeks following the date of her delivery or miscarriage. It is also illegal to discharge or dismiss her on account of such an absence.

Employees cannot be discharged or dismissed while on maternity leave, nor can there be any disadvantageous change to their conditions of employment. This can be overruled in cases of gross misconduct or if employees take up work for another establishment during their leave.

It is important to note, however, that pregnant employees who are discharged or dismissed may still claim maternity benefit from the employer.


Gratuity is a statutory right of employees and cannot be denied to them on the grounds that they are being given provident fund and pension benefits. Gratuity is a statutory benefit paid to the employees who have rendered continuous service for at least five years.

It is a lump-sum amount paid to an employee based on the duration of his total service. The benefit gratuity is payable to an employee on cessation of employment either by resignation, death, retirement or termination, by taking the last drawn salary as the basis for the calculation.

Gratuity is an important form of social security and is looked at as a gesture of gratitude by the employer to the employees, paid for in monetary terms, for the services rendered by them to the organization. It is a defined benefit plan and is one of the many retirement benefits offered by the employer to the employee upon leaving his job. Gratuity payment liability of the employer tends to increase with an increase in salary and tenure of employment.

5.Provident Fund

Employee’s Provident Fund (EPF) is a retirement benefit scheme that’s available to all salaried employees. It is managed by the Employee Provident Fund Organisation of India and any company with over 20 employees is required by law to register with the EPFO.

As per law, both, the employer and the employee have to contribute 12% of their basic salary to the provident fund. If any employer is deducting the whole PF contribution from an employee’s salary then it is against the Act, and he can apply against the same in the PF Appellate Tribunal.

Is it necessary to contribute to PF?

If you earn more than Rs 15,000/- a month, you can always opt out of contributing towards EPF. However, you need to opt out of it at the start of your career. If you have been a part of EPF even once, then you are not allowed to stop contributing.

6. Working Hours

The Shop and Establishments Act of every state has fixed the maximum no. of working hours 9 hours a day and 48 hours a week. The Shops and Establishment act does not see any difference between managerial and nonmanagerial workers when it comes to regulations relating to working hours. The working hours may be increased up to 54 hours a week upon prior notice to the Inspector, but this increase would be subject to a condition that overtime hours should not be more than 150 in one year.

7. Right to get Insurance

Every employee will have the right to be insured by the employer under the Employee State Insurance Act 1948, in case of any kind of injury or miscarriage occurring during the course of employment.

8. Right to go on Strikes

The employees are provided with the right to go on a strike without giving a notice, however if the said employee is a public utility employee, then he would be bound by the prohibitions laid down in the Industrial Disputes Act 1947, Section 22(1) lays down certain conditions on Strikes by public utility employees, the conditions includes giving out prior notice to the employer six weeks before going on such strike.

9. Right to Equal Pay for Equal Work

Equal pay for Equal work is a constitutional right and any employer is liable to pay equally to any men, women or temporary staff performing same tasks and undertaking same responsibilities. There can be no discrimination while paying any basis to employees.

10. Written employment agreement

An employer must provide a written Employment Agreement before you start work.

An Employment Agreement is a legal document, which contains the ‘terms and conditions’ of your employment. It lists the rights and obligations of both, the employer and the employee, and is designed to give both parties security and protection.

By law, your employer must give you a written Employment Agreement before you start work.

The Importance of an Employment Agreement

An Employment Agreement gives both parties a sense of security that both are fully aware of their obligations and have agreed to comply with the stated terms and conditions.

A professionally well-drafted Employment Agreement endeavours to prevent disputes between employers and employees, and in the event of any dispute, it serves to resolve the dispute because all terms of employment are clearly mentioned in it.

You have the right to get advice on an Employment Agreement before you agree to it or sign it.

It is a good idea to spend some time carefully thinking about the conditions of the Agreement. If in doubt, seek professional help.

Understanding your rights as an employee is the first step.

- Advertisement -


  1. While paying privileges leave does the employees get paid as per his basic salary of complete salary for example of an employee has 20 PL while his or her full settlement will he get basic salary of these 20 days or full salary for these days

  2. This article is not correct. Leave cannot be claimed as a right as per CCS Leave rules. That is the most fundamental rule for government employees in India.

  3. As per CCS leave rules governing govt servants in India. ….”When the exigencies of public service so require, leave of any kind may be refused or revoked by the authority competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Government servant. “

  4. In case The new maternity benefit of 26 weeks paid leave is provides by employer what should we do?

  5. Sry .. there is some typing mistake in above comment its if the new maternity benefit leave of 26 week is NOT Provided by employer what should we do?

    • You can complain to commerce and trade ministry reg. your company..its act now..legally enforceable..or check with your HR and take their reply over email for non-observance of act and forward the same with complaint

  6. Hi I would like to notice you on your article which you mentioned under
    8 right of employees to go on strike—
    The last line is mentioned as sex leave instead of six I think . So as to rectify it

  7. I was asked to quit from company (Ospro LLC) Ramagondanahalli Whitefield Bangalore, because they don’t have any maternity leave policies. I was 2 months pregnant and served two months notice period and took 1 week leave due to doctors advice but company deducted salary for one week.

      • More we demand for leave lesser are the chances for that category to get into Job. Like Muslims demand off time for Namaz ( Every day twice for one to two hrs each)as their right thats why most of the employers have hidden agenda not to hire them in first place.

        • Respected sir,
          We muslim offer our prayer 20 mins around 1:00 to 1:30 PM and 10 min around 4 : 00 to 5:00 PM ie maximum
          30 min during working hours

  8. If we are paying bonus to employee every year and if he leaves the work then the settlement is also to be paid or not

  9. It is unfortunate that in our Country, we all talk about RIGHTS….. Rights of Employees, Rights of School Children, Rights of Passengers in Trains etc., Rights of women, rights under the Constitution-like right of speech, right of opinion, right of doing whatever one wants to do…. and so much other bull-shit…. and so on.
    We are unfortunately such a self-centered society…

    • I agree 100%. Everyone knows his rights but no one talks about his obligations and duties towards the nation and his neighbour. It is really sad.

    • It is the rights that are usually infringed, not the duties. The rights need to be protected because the Employer is generally carrying lot more power than an Employee.

      • it was always the employee had more power through their union and it was decided by the union how much to produce and some time to ruin the company completely. Textile industry of Mumbai is a standing example of misuse of the power.

      • Duties are not infringed but are to be performed. If we do our duty sincerely, we get rights automatically. No employer could dare to loose his sincere worker.

    • Right to equal pay to equal work possible in private sector…? HR not consider this proposal due to govt employee welfare officers corrupted….I can’t assumpt its possible after 70 years freedom and democracy…?

      • dear friend, don’t blame govt employees for all the problems. today a dist collector is getting nearly 1.2 lakhs per month and I know his responsibilities. whereas a software company is paying more than three lakhs for their employees. dont compare the work of others with one.

    • Yes sir, every 1 talk about Rights but no 1 to say own responsibilities n duties, if we pay right responsibilities and duties, the Rights came itself.

    • Mr. Padam,

      I started freelancing after working experience of 16 years in civil engineering. I got fed up of the atmosphere prevailing in the field. Therefore, I became a freelance writer. Now, at least I am getting the satisfaction of doing good work.

      In civil engineering, only money matters. Job satisfaction is least considered. I did not want to lead sleepless nights after working in a field which was fraught with corruption. I am a procurement professional in civil engineering and you already must be reading in the newspapers how contractors are taking the public money and providing sub-standard work.

    • We don’t have to to talk about that , if we are not doing our duty there are 100 ways to penalize us.

      So we should talk about our rights, also do understand that there is no one to talk for us.There are very less employee friendly companies in the corporate world.

      So articles like this will give awareness to the employees about the exploitation happening in and around them, also will give courage to open up against this.

    • Yes, but all rights are applicable to govt employees. Dear Mr Padam Dev Law, do the pvt sector employees have any rights? If you find, it will great for my personal knowledge. Apart from only a countable number of employers, every where the hapless employees suffer for not doing anything wrong. Request you to correct your view about the the general perception of employees. Although I fully endorse your view about the govt employees of our country. Most of the time they are busy, calculating D A, other benefits & seldom talk about the task they are supposed to do.

  10. Does an organization beniffiting maternity leave is bound to provide paternity leave as well? Kindly quote the rule and act as well

  11. Can an employer deny regular promotion when a vacancy arises when his financial upgradation is already in place stating unfit due to management’s arrogance at a later stage?

  12. For the firm under Shop and Establishment Act, employees are entitle for how many days leave? can you bifurcate the said leaves under the diff heads.

  13. In Delhi , MCD School Teachers are not Getting their Salary & Other Dues . What to do ? This is happening for last so many years . 4 months salary is pending from the Department .

  14. Sir, I have retired from the services on Oct 31, 2016 completing 37 years of service with an autonomous body NIBM. The scales as per central govt. 7CPC is applicable. On retirement i have got the maximum Gratuity i.e. 10 lacs. But the 7cpc limit has increased to 20 lacs. So I am eligible for the extra Gratuity limit?

  15. Can we claim any damages if an employer withdraws the offer letter after few weeks of offering an employment?

  16. How to calculate the leave which employee get continue as add holidays. (for example – 26 January Friday, 27 Saturday, 28 sunday – Employee get holiday on saturday

    • 1) Can we get second Saturday and Sunday off joing Planned sanctioned PL?
      2) can we get same after extending same PL for another 15days for some unfortunate reason? i mean SS,/FS and adjoining Sunday off?

  17. Definitely a very useful information, but a suggestion that there should be a authority, to keep a watch whether they are followed genuinely …..

    • There is a labour commission. And some other also. But nobody actually goes to them for complaints. Because once you go there you are saying to market that I am the one who fights and then no one else will hire you. Its because of unemployment condition of country that everyone is ready to do anything for any cheap money because he/she knows that there are thousands lined up for their job .

  18. May i know which law regulates the provision for employment agreement. to my little knowledge none of the laws specifically insists on employment agreement. If yes, please name the law and what are the terms and conditions the law specifies.?

      • I have worked in a bank, IBA scale, as a clerical, management did injustice and i got transfer order, because of health issue i cant join another branch, management denied my sick leave and stop my salary, and taken my as a unauthorised leave. Please guide what is remedy i have? Already medical certificate produced with leave application.

  19. Right to equal pay to equal work possible in private sector…? HR not consider this proposal due to govt employee welfare officers corrupted….I can’t assumpt its possible after 70 years freedom and democracy…?

  20. My company pays different salaries to different employees at same designation. Where should I complain?? Also it makes almost everyone do lots of overtime.

  21. Kya koi bhi department use force kr kr sakata h resignation k liye agar uska selection usi department me hua ho or kisi reason se wo training me ni ja pata h or kuch time k liye extension le leta h. Dubara joining k liye request krta h

    • Yes they can force him and her to resign if their work has been affected. But if sincerely requested and reason was genuine then they can give another chance, but they can keep their own terms n condition .


  22. Ten basic rights of employees are very well designed for the benefit of employees It is highly appreciable and thankful. It is wrongly spelt instead of six, there is SEX in the last line of item 8.

  23. Job contract terms says that at the time of quitting 3 months notice period has to be given.Moreover Company after selecting the candidate made situation so complicated where the new entrant was always proved to be bad performer. With agony and harassment the employee had resigned stating that i will work for the notice period. But company had instantly relieved him on the day of putting notice of resignation and had denied the employee of 3 months notice period basic salary and proportional annual benefit as stated in written signed salary break up. Which authority is to be approached . pl suggest

  24. Rules are there in the book, but who follows? Monied people they are Shark. They buy anyone and can sucking blood of their employees! Unemployment problem is such that employees cannot open their mouth. The pity is that they (employees) are to suffer without even murmur! No Politicians, no officials help poor employees

  25. The article does not say anything about contract employees or individual contractors.Can this be also included? Leaves to contract employee,insurance,

  26. Exemption limit in case of PF has been raised from Rs 6500 to Rs 15000. ESI coverage is available to persons with a salary of less than Rs 21000. Definition of salary in each case is different, please check it out.

  27. I have been fired when I was four months pregnant. The Ceo sits in USA and just gave a decision despite knowing my condition he asked me to leave and said he is very sorry then they said they will compensate me with 30k which I rejected what can I do

  28. Sir
    I am pravin was working in hospital in marketing Dept
    Due to Torcher by SALES MANAGER for sales pressure I had given resignation immidately without notice period..
    That time HR mam told me u have to paid 1month basic salary …
    Thay deducted my 10day salary and now after 4month HR send letter, mainsioning remaining amt and if you don’t pay than we will take legal action my remaining amt is 14500. In 15days from date from getting letter
    Sir PL give advice

    Pravin k

    • I’m thankful to know more about this rights coz even I was treated as same way when I wasnt well for more than 4 days i was very much seek nd the director of the company took a decision not to keep me for work and decided to not to continue with me, I was working as centre manager coz of some reason I was not been able to communicate but still I had inform the CEO of the company about still there was no proper response I was very disappointment that the days I had worked I had to struggle more than a week to get my working days salary nd just I dont want to work with them any more coz when the director himself is not trying understand the practical issue what i went through the senior staff as the way he has to I left it in this what I could have coz I kept patience. Intact when I went to take my salary I was treated like I had done something wrong but I have no regret coz even I didnt to work with such management who dont treat their staff well.

  29. Sir , I read with great interest all the rights of an employee while joining in service .But my simple question is ,is there any agency/Govt institution/NGO which looks into the welfare of employees in the private sector. Rules are well defined only on paper but there is hardly any implementation. Most of the Employers violate every rule as they well know that they can plead ignorance or take action against any employee who complains. Please inform where to register a complaint if any of the 10 basic rights of an employee are violated by an employer.

  30. A great and thoroughly covered article. There are so many good rules to protect the employs right but unfortunately no government body keeps track if those rules are followed by companies or not. It’s 21st century, modern and advanced India, still so many companies skips many many things like PF, ESI, Gratuity Etc. Some companies even don’t fulfill the basic needs of the employs at the office. It’s high time for the government to act against those organization who just ignore every thing and concentrate only on their profit.

  31. I had applied for job in an ball -bearing Company. They had put condition to submit original documents of educational certificates, then Only They will issue the offer letter.
    On receiving offer letter the working terms, conditions were very different, so i had not accepted that job. From my end, i have not made any joining commitment neither signed any bond. Now the owner is not returning my original documents. He has made me wait at His reception counter for hours. Just not getting any reply from inside. I have visited his office for four times, but every time same behaviour. Not getting Any reply from inside, i left from there due to having other urgent official meeting visits. Can i get any help from here, and Kindly suggest how can i give that guy a strong concrete reply for his, this kind of behaviour.

  32. Hi All, in my last organization, i have not received my full salary for any of the month i worked, on 10th Nov my contact with my client is over, it was Bangalore based company and my client was in Mumbai, now i am asking from last two months what i have to do, he is not responding to my email and phone. What should I do

  33. My name is Pravinra Jacob Thannical 53 years old an camera is kept in my on 15th August, 1992 in Kerala and a brain mapping equipment kept in my nose in 1995. Made 24 hours 365 days by Indian express group chairman Vivek goneka murderer of my younger brother, father and mother I have suffered 28 years because of his ego to control the world, play black magic and tricks on me also murderer prime minister Rajiv Gandhi, Basantlal goneka, Ramnath goneka’s and murdered judges who were going against the Indian express group changed name from Vivek Kaitan also sabotage rutu goneka car the man behind the global warming damages all around the world now wants to murder thru my wife and Tilak maheshwari saoner who has taken three personal loans from Axis Bank, ICICI bank and Fullerton credit society for Fourteen lakhs thru Dhawal Kothari for which they have forced me to make the payments also lost my job for thirty thousand a month for the past two years forced from all sides and suppressed

  34. Is 26 weeks of maternity leave only applicable for private sector or does it also apply to a Not for profit organisation or NGOs

  35. Is there any exception for leave? Because in my institute, I dont get any sick or medical leave. We get only one CL per month. Additionally we get 5.5 day vacation per 6 months which is to be taken together for 5.5 days.

  36. A company named Blue Mount Appliances Pvt Ltd, based at Delhi,Pitampura I have worked with them they have exploited my intellectual insights to build their business at whole West Bengal, and suddenly one day sent me ‘Stop Working ‘ notice without paying my Salaries and Your bills.I had issued one legal notice also but nothing is happened. What is the way to resolve the issues? Where this problem can be settled out? Please advice.

  37. One basic question, Whether the Leave given to the employees are their RIGHT or PRIVILEGE?
    If Right how?
    If Privilege how?

  38. in a country where hiring is done on the basis of feedback from the previous employer no one would dare to go complain even if the rights are violated and risk his/her career. no logic or common sense on why these have been framed

  39. We dont have ths facilities. We get CL but no meaning. Bcz thy Gv us including month. Like if I am absent ths month then company adjust that leave instead of absent day. And cut it from CL. This is d rule of ths company. We r not get medical leave, EL, css

  40. 1) Can we get second/Forth Saturday off with Sunday adjoining to sanction PLwith suffix and prefox both side?
    2) If we r extending our PL with another 15days due to some unavoidable circumstances, can we get same benefit of joing SS/FS and Sunday?

  41. why cant we ask 8 hours duty, all private companies employees are working 9 hours and only one leave per week, some private firms are putting the limitations on leaves and making them suffer, which is leading to work life imbalance

  42. I launched a complaint of sexual harassment against Mr. Sudheep Budhle, Office Superintendent many years back, but as he was backed by a well-known political leader of Raigad District, Maharashtra State, all Officers neglected and delayed to pay attention to my complaint and due to negligence of Officers, my complaint was not given priority and I didn’t get any reply about what was the punishment given to Mr. Budhle.

  43. JG Chemicals of BRG Group (kolkata) do not provide to its employee. Plz check if any action can be taken against the company.

  44. JG Chemicals do not provide leave to their employees. They force them to work in every working days. No work no pay basis.

  45. At least this above information must be aware by each and every employee specially in the ground level of person who goes for work and back, it should be know by all employees and worker,

  46. I was resigned in D C Designs Pvt LTD and relived from service, but they are not settled my account from more than one year.

  47. Despite having worked for several years in an govt. office,no botheration results from the officials in order to result as confirmation for contractual employees.This is despite having worked sincerely by some of them.Load of work is equivalent for contractual and permanent employees.Contractual Employees are given much lesser salary and the expensiveness has increased much more for everybody.The other benefits including medical advantages plus more number of leaves are also not being given to the contractual employees. An analysis can also be made from the Biometric Attendance System,since the time it resulted.

  48. I have joined a company before 4 months in finance dept on third party basis,there are one year contract.But suddenly the finance dept has transferred to other state & no any finance role has available here.The company has given me 2 moths time for search job but my 1 year contract not completed,there 6 months required.If i dont get job in 2 months then what can I do against employer.I have left on role job & joined this company & I didnt have any idea for transfer the dept.Now I am suffering.Please help.

  49. Sir i am working with call health pvt ltd .
    There is no medical insurance for our no any sick leave.
    There is no providunt fund or no any funds available

  50. I have been working in a pvt company for last 1 year and 3 months. But company has not provided me any document for joining. And said it will be given later but when I ask the company to it now they say we will see. They don’t give any insurance policy also as mentioned in above post . now I am thinking to leave the company without any notice period . will it be fine as I do not have any bond or documentation. Also what should I do if the employer says to file a case or complaint with false allegations. Company is in gurgaon.


  52. i have been employed with large organisation for at least 18 years, my services were dismissed after conducting domestic inquiry. i have move to labour court under ID ACT 1947.i fought against the management for 15 years. but the result is not at all good or favorable. now is iam eligble for gratituty and medical leave encashment? is case od dissmissal.

  53. Hello,
    I am working for PVT LTD Company in Pune as we get 1 CL per month, Festival, National Holidays and only 6 PL Anual Leave for Long Vacation and also there are no Saturday OFF in the company. HR of this company dont no any employees polices or labour law and they does Contract aggreement for selected employees, Hence company policy should be with every one not with selected employees. Please guide me the process for complain.

  54. Can a company define a policy where they don’t pay performance linked incentives to a departing employee for a period for which he was employed and has performed all duties as required unless he was employed on the day the company makes such a payout. Payout of these components which are part of the salary as variable pay are paid out quarterly and annually and after one month of the quarter ending. So if an employee quits after serving entire notice period but before this payout they don’t give him this money. They have defined such a policy but is this legal .

  55. I joined PSU(India) 1968, went USA 2002 taking permission & E.Leave sanctioned 44 days. Applied extension on medical grounds which was refused n service terminated in 2003. Leave Encash 144 days was sanctioned in 2005. Advise being terminated employee, am I eligible for Gratuity & Encashment. Not being released despite reminders. Being sick, i am not so mobile. Pl advise other options available to me. Is max limit gratuity in my case will be 3.5.


  56. i had left the job in June 2017 and my employer told me that my dues will be cleared by next month or so but till date i.e. almost today mid February 2018 he have not cleared my dues and now stop receiving my phone calls and no replies to my mails about Rs. 3 lacs is due please guide me what to do.


  57. Right i am work with one company as a design engineer but he didnt give single rupees for 3 months. After 3 months he told me that will give 2500 inr per month. Lot of people doing same thing in thus company with out payment. Is there any law saying against this? If yes how we will get rights. We all are engineers. Any body can suggest

  58. My previous employer did not give me Diwali bonus despite of sending mails and reminder calls. Please suggest me what is the rule for same….

  59. I have not yet received my 1.5 months salary and my settlement amount from my previous employer even after 6 years, though he has deducted my TDS without paying me. I know that I have to approach Labour court. But when I go to court HR department personnel will come to court instead of the MD. Is there any way to make the MD to stand in front of the court. He is not only doing it for me but almost for everyone who comes out. Your suggestion is mostly need.

      • Dear Sir,
        Ultimately it is the responisibility of MD only.
        But he had appointed HR Managers for this work,
        It is not important that MD is coming or not.
        You will get your full salary and Interest.
        Just take follow ups regularly.


  60. This artical is correct or not for railway employee in our organization they told even we are not getting leave for relatives death also even casual leave also not given they are put in absent please give correct information

  61. Minimum how many many days required to get graturity amount.what is the procedure if i am not getting graturity amount on time.

  62. Working for btb marketing .they haven’t given the salary from last four month is their is regarding this .please share



  65. Ledy become employee in the 6 month of his pregnancy, she not disclosed to employers, after 3month she is asking for 26 week paid maternity leave, how it is possible ?.

  66. These rights are fantasies for millions of employees and workers in India. There are companies which don’t even give leaves on public holidays don’t maintain attendance register. Even for using the right of franchise the employees have to struggle. The penalty is Rs.500/-. There is salary discrimination by even the large public limited organizations. The rights sometimes seem to be a mockery! The employers forcefully get resignation letters by hook or crook! Or fire on different pretexts. In a nutshell, Government sells it’s policies in favour of these injustice doing employers because they donate them.

  67. hello
    I worked for a company for 20 years during which time they transferred me to various other sister companies in India and abroad. Finally when I resigned, they refused to pay the Gratuity. When I persisted they were ready to pay for 6 years (when I was in continuous employment in the last position) which I rejected. There is no law to penalize a company with money power.


  68. Respected sir,
    My self dhananjay chaudhari iam working in ltd. organization sir my ESIC cutting first month of joining but i have no ESIC mediclame card. the organization not give me my medical card. so please help me what can i do.

  69. Hi sir I was working with my organisation for 2 years on contract basis. I have also applied for my maternity leave and the management promised to give me maternity leave period money but till today they have not given me anything what should I do pls help me out

  70. Most of the Private schools anywhere in India pay even less than Peons ( Govt Employee) salary.
    I feel highest level of humilation/insult in educationcal institues/Schools of most qualified peoples.
    Whats your views

  71. In India all the Rules are only in papers authorities fail to take bold action against the mistakes done by employers at the right time

  72. I think the RTI Act can help source requisite information about private organizations which harass employees or discriminate. These fall into the ambit of this act through Ministry of Human Resource Development. These companies get many sops from the government but still discriminate!

  73. Dear sir/Madam,
    I was retired from BSF on 31 July 2017. I have not received my gradutity amount till date i.e ( 15 Feb 2017 ). I contact several times to my department,but they are not showing interest, pretending that your bill has been sent to PAD B SF ,on query with PAD they told that your bill is returned for making some amendments.
    Now I wants to know who is responsible for delay that is about six months now and expected it will take more time
    I have complaint in pension portal twice i.e Oct 2017 and Jan 2018 but a circle reply received.
    Now where I can complaint, kindly guide me

  74. Am working in defence but
    It’s performing as civil employ duty,
    For example airport sector,but they don’t have any weekly off
    They were performing duty 365 days with out off,
    They have leave only 15 days cl,30 days el,
    But they were not able to use cl because of department

  75. In it is only paper not for any work place last time l am working with ICICI bank it’s time 10 am to 6 pm why
    Now I am working with Tata showroom it’s working time 10 am to 7pm it’s means 9 hours and half months before senior say all week off and leave are cencil how and target not meet salary hold why in the Delhi capital of India


  76. Private IT MNC terminate employe at short notice, while resign employee need to serve notice period? Can we any low for this?

  77. I am Jaydip Mukherjee employee of Arunachal Pradesh, I am originaly DRDA (District Rural Development Agency ) Upper Siang District, Yingkiong, Arunachal Pradesh Staff in last two year, I leave my parent Department DRDA ,Yingkiong and joined in Arunachal Pradesh State Electricity Regulatory Commission Office,Itnagar , Arunachal Pradesh as Account Officer in 2 year deputation terms condition basis . Now I am facing a problem regarding contribution of employer share. The story of EPFO contribution as given below.

    1) My parents department (DRDA) given employer share beyond ceiling limit on calculation Rs. 15,000 and employee and employer opt higher wages contribution against P.F. fund . I have joined in EPFO schemed in DRDA, Yingkiong on 2004.

    2) After joining in APSERC office half end year my present employer said EPFO contributed on calculation on the basis of Rs. 15,000/-. But now my pay goes to higher. This result I losses my future retirement benefit so in this situation i need help what can I do for solve this matter.
    So it is heartiest request please give me help and direction to right way as early possible.

  78. I’m 15 year service in automobile factory
    Retaired pension funds deducted ₹1500
    Now I’m eligible for pension.If yes how much amount?,now my basic salary is ₹30000.

  79. Well in Media most of the companies take us on contract. So no question abt graduity. Also now one of my ex company is asking me to give 50k to clmy ar my pf as i left the job because they didn’t extend my maternity leave. Kindly suggest

  80. I want some share with you.I am doing work with miric biotech limited company last 29 december as ASM profile.This is my joining date(29 Decemeber)I am looking one state for company business growth.but company don’t given any expense and salary from last one and half month and my senior don’t pick my call.when I call the HR then they said,you can ask to your salary from your senior. I am fully harassment. What can I do,I don’t know.tell me the solutions.

  81. Sir….we don’t get EPF……or even earned leave and never even got an employer’s agreement/letter but dont know what to do…..

  82. If a company still not giving 26weeks leave for maternity and negotiating to apply for less leaves and paying only for 4weeks salary so? What you would advise in that case?

  83. We all talk about Rights of an Employee… have we ever chalked out what are responsibility of an employee when he/she are working in a company… To List out there number of such instances where he/she does against the ethics. Like spending time for chit chat, spending time for browsing in social media, do personal work, purchases of household items in e-commerce portals and so on..
    As a Employee, are these rights?? aren’t they feel ashamed of doing all these in working hours, and talk about only rights, not responsibilities…

  84. I am working for Grapeviine at Lower Parel. Mumbai as a Restaurant Manager we do not have any facilities apart from salary and also no appointment letter.Please advise

  85. I totally disagree with above all points…first thing that supervisior thinks we as a junior staff working for him….not for company..these rules is looking good/nice on papers for showing at the time of recruitment but it is not practical in daily. We daily work like donkey and from 9 to 9 job almost 12 hours in a day…there is no lunch timings….nobody wants to see these type of problem….specially HR or govt or this type of sites…

  86. Sir, I resigned last year 11th Jan 2017 due to long pending salary, but till not received any gratuity and my final settlement.
    Plz give the suggestion.

  87. i am working in mission organisation run by Jesuits priest in Bihar state my working hours start from 8 am to 5 pm. I am working in media department of SJ family. but in the name of leave only sick leave and casual leave is there almost 2 years I am completing her what to do what to say to my employer. I am Videographer,Photographer, and video editor too.

  88. I was resigned from my previous company on last year September 2017 and I also served 2 months notice period as per company rules, after 7 years of my service, but after that, they’re refused to give me Gratuity and also not signing on the PF transfer Form,
    in this 7 years of service and till now I am keeping a good relation with the company
    Please suggest me, what should I do now

  89. My company pays different salaries to different employees at same designation. Where should I complain?? Also it makes almost everyone do lots of overtime.

  90. Respected Sir,

    I Praveen. Sir m Indian Oil Corporation Limited ka Karamchari Hoon. Sir, Corporation ki transfer policy Ke anusar employee ka transfer hone pr transfer benefit Diya Jata Hai. But Sir, Agar employee management dwara Pressure dalne pr transfer application may transfer benefit surrender kar deta hai tu usse transfer hone pr kya transfer benefit paane ka write h ya nhi. Please suggest sir.
    Thanks sir.


  91. K P Singh
    I am working in Min. of Women & Child Development as a contract employee. You should surprise to know that since last 4 year I am working on same salary without increment. We are not getting any leaves while we are availing EL and Medical Leave earlier, but due to some misleading information they have stopped all leaves. No officers are bothered for better working environment. All officers are talking about only work & work daily almost 9 to 10 hours even though Saturday also. The situation of this ministry is very bad. we are feeling like a “Bandhua Mazdoor”.

  92. Really informative article. Very good information. And leave particulars for employees, fantastic idea for communication all employees.

  93. Dear Sir,
    I was working in one of the Import/Export company as CFO. On 31st October my director told me to quit as they want to wind up the company, I have not been given the salary of Rs. 401000/- from 31.10.2016 to 31.10.2017. Now what I am suppose to do

  94. Dear Sir/Madam
    i am working as sbi branch CSP (Customer Service Point) and my csp code 10376594 (OXIGEN Company) and link branch SBI Bank Malout Dist Muktsar Branch Code SBIN0001465, From the Last Six Months (Aug,Sep,Oct,Nov,Dec & Jan 2017-2018). I did not receive the commission on the basis of my work. Which i did not these Last 6 Monthes
    I have requested many time to concerned Company’s mail and and by telephone massage, bit my Problem not solved if my commission is alrady paid if not paid then advise the reason not sanding the commission
    So, it is humble request to you.

  95. What if any senior denying to approve your one day casual leave for an urgrnt unavoidable circumstances?

  96. Hi all people responsible for right,
    Can I have clarification as to does 9 hours working a day include break time or no so that I can have better understanding
    Second equal pay is not adhered in Pvt and corporate life wherein people doing same job is not paid same and also employees who are less capable deserve more pay or power or promotions etc
    We have maternity act (MBA) why are we missing Paternity Act for Father’s
    Also sexual harrarment etc for girl lady employees very good but as being male employees we also face good exploitation for brief description I can email and prove what we face…which government authority we have to reach

  97. Can a female employee be put under PIP when she is pregnant & in such a case can she be avail maternity benefits?

  98. Hi there,
    I have lately worked As a Senior Autocad Operator, Assistant to Architect in a private Architectural firm.
    In last December 2018 Director of firm Bhalwankar Associates, Bandra, Mumbai decided to remove two of Senior persons from office.
    He said he has arranged for us in a Builder’s office. but when we visited that builder’s office they have selected the other person instantly and not me. When I spoke to my Director, he said nothing. now since last two months, I am jobless, running door to door for the job, my bank balance is getting down. I have taken Salary slips of 14 years, am I eligible for gratuity? If yes, tell me the procedure

  99. My company not given increments last 5 years.Owner increasing his business,
    We hv any right for increments. we are in staff basic more than 15000/-
    pl. advice.

  100. Hi Sir
    I am serving in a private university for more than 14 years, when I resign from the University they charge me 25000/- on the name of security.But at the time of releasing letter they did not give any release letter nor any experience letter.
    Now I am not living in India ,but I want my experience letter. How can I get that ?
    Do I also eligible for gratuity..?
    Please reply me ASAP…..
    I feel very depressed…….

  101. hi, thanks for publishing this wonderful article for us, I am working in an Ltd company under a bond policy of 2 yrs, I want to know that if the company is not satisfying me in way of salary timing, benefits, leaves, incentives etc so what will I do in this case? and if I would like to quite this company before my bond period what will I do? please explain me the way

  102. Very nice benefits but in India not applicable
    because here so many hardest situations
    Political Principalities

  103. I am working in a field sales employee in pvt sector. I am completed 6 years on service with this firm. But another person who working in the same firm completed 5 years earning the salary more than me. Is this legal or not? And moreover we don’t have constituted working hours. What i will do?

  104. Hello,
    Pls advise if this is applicable to Public or Private Jobs or both.
    If an employer does not provide written agreement, what should be done.

    Pritpal Singh

  105. Ordnance factory board Kolkata ki guideline k anusaar overall direct recruitment ka 5% compassionate dependents k liye hai lekin ordnance factory itarsi recruitment ka 5% nhi deti,iske liye kaha appeal kr sakte hai

  106. West Bengal Left Front Government wanted to run industries on the basis of all rights and no duty. Now see the result. No Industry, No Labour, No Unions and finally no left front.

  107. It is against one fraudulent company it is in Delhi Based company.
    They have offerd me in righting to join as Zonal sales Manager for West Bengal,North East, Oridssya . I have joined them on 1st December 2015.I have given my best efforts and my intellectual idea to set up their business module. Suddenly after 30th April they issued one ‘Stop working ‘ letter against me without any notice whereas as per their ‘Appointment Letter’ two months notice period was mentioned by the company. This company did not register with P.F facilities neither any Gratuity facility.
    Ultimately I have unpaid for my April months (2016) salary as well my D.A/T.A for the March & April. I have sue one letter from my Advocate but they have skipped this all. I have sent several letters to them this has also no action taken till the date.
    My humble request to you what can be done for this kind of fraud companies.
    I am providing their CIN NO; U29253DL2014PTC270858 . I am looking for your kind initiative regarding this issue.
    Thanks and Regards,
    9903777207 /7003356279

    April 18, 2018 at 9:22 pm
    It is against one fraudulent company it is in Delhi Based company.
    They have offerd me in righting to join as Zonal sales Manager for West Bengal,North East, Oridssya . I have joined them on 1st December 2015.I have given my best efforts and my intellectual idea to set up their business module. Suddenly after 30th April they issued one ‘Stop working ‘ letter against me without any notice whereas as per their ‘Appointment Letter’ two months notice period was mentioned by the company. This company did not register with P.F facilities neither any Gratuity facility.
    Ultimately I have unpaid for my April months (2016) salary as well my D.A/T.A for the March & April. I have sue one letter from my Advocate but they have skipped this all. I have sent several letters to them this has also no action taken till the date.
    My humble request to you what can be done for this kind of fraud companies.
    I am providing their CIN NO; U29253DL2014PTC270858 . I am looking for your kind initiative regarding this issue.
    Thanks and Regards,
    9903777207 /7003356279
    Reply please

  109. Want to know from govt. That the pension AMT has been increased or not… If a person working for 20yrs and after his retirement his pension is only 1500/- than how is he going to fulfill his families needs. We have come to know that grauvity is now counted on 26 days as per the govt. Rules but our company is still counting on 15 days… What should we do plz explain..

  110. What is the difference between EPF and NPS for Government Employees? Govt Employees working in Autonomous Body can subscribe the NPS instead of EPF as per notification issued recently by the Govt. What benefits will get from NPS, if a govt employees go for NPS (Non-Pensionable Scheme). Please reply

  111. Right of getting annual increment after one year of contd service in Govt office.Employees retiring on 30th Jun are deprived of annual increment. Are they not eligible to get increment in pension calculation. This is a big Annamoly.

  112. hi, my name is sanjay and i am working in privet company . my company terminate my friend with three month notice . he was working here last 9 yeras . in this case he have any legal provision /option to fight company . please advice me….

  113. No leave can be claimed as a matter of right. The heading of the article itself is incorrect.
    Think of armed forces – if they go on leave during war, then what happens.

  114. What should an employee do on immediate termination without any prior notice. How he/she can take an action against the management.

  115. Kindly provide some tips about Full and Final settlement e.g. what are the rules of paying F&F by an employer to an employee who has left the organization fulfilling all exit process & handover.

  116. RESUME
    V.P.O. Salemgarh Teh &Didtt. Hisar
    Pin 125001 ( Haryana )
    Mob, 9813247080
    Pan number -CAPPS7016 D

    pass out 2006
    Pass out 2008
    Pass out 2014
    Pass out 2011

    .DATE OF BIRTH : 03/08/1990
    .SEX : MALE

    DATE: 26.04.2018

  117. So many rights and no duties makes India a country of unemployed young people. When all the rights of employees were enforced with considerable vigor WB lost employment potential so fast that the Bengal Boyes and girls are noy doing menial jobs all over the country.

  118. What should an employee do on immediate termination without any prior notice. How he/she can take an action against the management.

  119. What should an employee do on immediate termination without any prior notice. How he/she can take an action against the management.

  120. If any company take Regine all employees of their one department without any notice or information. and the department work give to agency.

    Then what can all employees do?

  121. What about this equal pay? What should i do if i am getting lesser pay than the freshers joined?

  122. Hi there to every one, the contents present at this web site are genuinely amazing for people experience,
    well, keep up the good work fellows.

  123. My previous employer is not sending the experience and relieving letter to me. As the employer is located at Delhi and I am posted at Haryana Secretariat so now my employment has been changed to some other firm and client side is same. I request the previous employer to send the experience and relieving letter but employer is not responding and saying that we have some issue with the department. But why should employee i.e. me will suffer from that. Any ideas or rights against it? Please suggest.

  124. can you write about rights of Temporary employees (working as assistant professor) working in Org. full time for more than 4 years and on every year , their appoinment gets continued for a year.

  125. Present scenerio demands that Gratuity should be paid on yearly basis instead of not paying anything for not completing 5 years service. Most employers find it easy to terminate service before 5 years to save on gratuity and other terminal benefits.





  128. Look at the language! Though it seemingly speaks of rights, it is more about duty. It does not consider any of the changes in the eco-socio-political environment. In Bengaluru it takes at least an hour to commute 8 kms distance. It is still archaic in the sense that it only considers hours of productivity only in financial terms and not the human involved. If an individual spends 11 working hours(including commuting), what about the day to day non-working interactions and leisure? As far as gender issues are concerned, it creates more imbalance to say the least. Very suffocating. Boys from middle class and upper middle class are dropping out of formal education for the fear of long hours of routine existence, young male adults are giving up work and there are sporadic instances of suicides and even murder of family members because of it.



  130. Dear sir,
    I have resigned and left from Chennai based Organisation six months ago. But till date I did not get My gratuity amt. for my 11.6 years service there. Pl. let me know what is the time limit as per norms.

  131. Resp Sir,

    my Gross salary Rs 15000/- at the time of joining bu our employeer not deducted PF

  132. Dear sir,
    Please my name is sanjay i am jabs privet company PF and mediclam what payment total amount clam

  133. i need help
    i m joining a new company.
    Hr told me esic & pf is mandatory,
    my salary is under 9000,
    i don’t want esic & pf.
    Any solution provided me.

    PH NO-9830264836
    DOJ-1/11/204 TO TILL DATE (PVT CO.)
    BASIC : 10000
    OTHER: 14750
    TOTAL 24750

  135. In private organization there is no carry over the casual system, in case i am not utilized there is no carry system in our institutions, no PF facility,, consider, private educational institutions also

  136. I would like to know that any Indian University is implementing a transfer policy with in the constituent colleges of that University. If so, Kindly give the reference if any.

  137. Would like to know

    1) Is it correct for a company to deduct some amount in the name of gratuity from the salary? and the same is shown in “CTC signed n agreed between Employee & Employer”

    2) If the above statement is “True”, is it correct to not to pay the “Just the amount deducted” for the period of service rendered.

    For example, if Rs. 1000/month is getting deducted from the Salary in the name of Gratuity and the person leaves the jobs are 30 months. Should the company pay Rs. 1000 x 30 = Rs. 30,000/- at the time of doing the final settlement or not.

    3) If the answer to Point 2 is “No”, would like to know why?

  138. what is transfer can be overruled

    when employer asked the employee to transfer fr one place to another if employee donot want to go boz of family issuse how he can fight to stop his transfer

  139. As a Newbie, I am constantly searching online for articles that can be of assistance to me. Thank you for giving information regarding the Rights of an Employee but forGovernment Jobsholders in India may don’t have more issues.

  140. is there any NGO who courage to fight with big private company for employee… as all knows that the government body is here for nothing…..
    in my case dozens of notice send to my employer by labor court for equal pay but not a single reply received but court still waiting for reply instead of taking hard action…

  141. In my offer Letter, Company had stated has below (which I signed)
    “You will be governed by the policies of the Organization with respect to Leave and Holidays”

    In the Leave /Exit Policy document, there is no where mentioned that there will be leave encashment after employee resigns and exits company lawfully. And later I learnt from some ex-colleagues that there is NO Leave encashment as per our company.

    My question is
    1. Leave encashment is Employee Right as per some Countries (like Australia) and we can take legal action on Employer if it is not followed.
    Is it same in India ?
    Irrespective of where the company is registered ?

    2. My last working is on Nov 22 2019. I really need a smooth exit. How should I proceed if I can oppose current policy of the organization ?

    PS: Parent company is in France. Our office is in Bangalore.
    PPS: I have 19 leaves accumulated. Nearly a months’ salary. So I am not happy with the leave policy!

  142. I am working with an kotak Mahindra Bank as assistant manager in credit card dept, on daily basis we for more than 11 hrs and at the month end from date 20 -31/30 we work for 13 hrs, there is no any kind of action or HR activity,if any one complaint, HR activities are followed by dept only for 3-5 day after that again previous working hrs started, if u complaint against them they said to leave the organization or they start harrsed u with any reason (in work)

  143. In my company we only have Earn leaves of 21 days no other leaves are there like Casual leave and Medical leave any rules for that.

  144. Is ex india leave is right of employee. Can any department reject ex india leave of an employee

  145. Can any employee get eligible for Annual increment if he/she is serving notice period. e.g. A person has resigned on 02nd Jan 2020 and her notice period will be completing on 31st March 2020 and other employees have got their salary revised (increment/appraisal) letters EXCEPT Her. Her employer/Company works on calendar year basis i.e. January to December.

  146. Hii.. Just want to know if a person working for a foreign government in India.. But not get paid for gratuity.. After working for 7 years. what is the law for this pls guide….

  147. Govts only do not follow all these rules. There are many employees who working for ages in Govt. depts. who have not been made permanent.

    Businesses are harassed by educated and PF dept. along with labour dept. Esic and PF have covered small units employing 5 to 6 employees since they did not pay bribes. There are industries employing more than 20 employees yet not covered due to bribes paid by employers.

    Bommasandra has covered tiny units employing 3 to 4 employees after undue harassment and bribes. Now employers are paying esic contributions of both employees and employers due to corrupt ESIC inspectors like Nagaraj and Gajanana. Dirty department.

  148. Hi,
    1. In view of the recent judgments on calculation and payment of Gratuity to Bank Retirees can you throw light on how to calculate the Gratuity amount with an example?

    2. What is the maximum time available for an employer for payment of Gratuity? What is the recourse in case it is being purposely delayed?

    3. When an employee completes 9 months in the financial year and leaves the organization will he be legally entitled for receipt of prorata bonus for the said period?

  149. Sir I am working in a Retail (1 India family mart) Sector. But company will not provided April month salary Today’s 7May But Not given Any kind of salary. Plz tell me Kya Lockdown me company salary Nahi deti hai. Government ne to Sabhi private Employee ko Apne pass se PF amounts dene ka wada kiya hai, Abhi wo bhi nahi mila hai . March ka aur April ka bhi , Aur Company ne Salary bhi nahi diya hai…

  150. Sir ,
    If the company deny for these laws then where we have to complaint, please mention email Id’s and help line number.
    Thanking you sir

  151. I raise the online claim form 10 C PF and I get the msg from EPFO DEPT that my PF claim form 10 C is settled. But I have been closed my that account so please help me and send me the offline form that why I get my PF claim.

  152. I left the company by giving proper resignation and completed notice period even 4 days excess in Feb 20. but Company has not cleared my dues and relieving letter and experience certificate June i demanded the same on mail but company send me mail regarding official negligence and several allegations but i replied boldly and afar several mails they send full and final amount without any calculation and experience letter .
    I demand my experience letter several times to send on mail but they are not providing me and making harassment.
    Can i make court case regarding my experience letter and in which court.

Comments are closed.