India (IN)
India is the world's most populous nation and a fast-rising global power — a vibrant federal republic of extraordinary cultural, linguistic, and geographic diversity.
Employment Rights
Sick leave, dismissal protection and red flags in India.
India's labour law framework is in active transition — 29 old central labour laws were consolidated into 4 Labour Codes (Code on Wages 2019, Industrial Relations Code 2020, Social Security Code 2020, Occupational Safety and Health Code 2020). The 4 Codes became effective November 21, 2025; Central Government notified final rules on May 8, 2026. State-level implementation varies — over 30 states have notified rules for at least one Code, but a common pan-India commencement date is pending. Key practical change: "wages" now means basic pay + DA + retaining allowance, which must constitute at least 50% of total CTC. National Floor Level Minimum Wage: INR 178/day (unchanged since 2019 — an advisory floor). Actual state minimum wages are significantly higher. Employment Visa holders are entitled to all labour protections applicable to their employment contract. OCI holders can work freely without restriction.
Sick leave
Rules: No single national sick leave law — varies by state and establishment type. Factories Act: minimum 1 day sick leave per 20 days worked. Most IT/office sector companies provide 10–12 paid sick days per year (as per company policy or state Shop & Establishment Act). Under the new Social Security Code: sick leave will be standardised, but implementation pending.
Doctor note: Most employers require a medical certificate after 3+ consecutive days of sick leave. For 1–2 days, self-certification often accepted in corporate environments.
Employer pay: Sick leave is typically paid at full salary. ESIC-eligible employees (salary ≤ ₹21,000/month) can claim ESIC sickness benefit at 70% of wages after 9-month waiting period.
Long-term: Long-term sickness: ESIC provides extended sickness benefit for certain long-term illnesses (up to 2 years at 25–40% of wages). Higher employer-sponsored sick pay per employment contract.
Dismissal protection
Law: Industrial Disputes Act 1947 (until superseded by Industrial Relations Code): "workmen" (non-managerial employees) have strong protection. Establishments with 100+ employees: government approval required for layoff or retrenchment. Notice periods and severance pay (15 days per year of service) required. Managerial and supervisory employees have fewer statutory protections — employment contract terms apply. OCI card holders: same rights as Indian citizens under labour law.
Deadline to sue: Labour court complaints: within 3 years under most Acts (1 year for some). File at Labour Court (Industrial Tribunal) or Labour Commissioner. Alternative: IGMS online grievance system (shramsuvidha.gov.in).
Probation
Probation periods are standard in India: typically 3–6 months. During probation, either party can terminate with short or no notice (as per contract). Probationers generally have reduced statutory protections. After probation, employee receives "confirmed" status with stronger protections including Factories Act/Industrial Disputes Act termination protections. Employment contracts specify exact probation terms.
Notice periods
Factories Act: 1 month written notice or 1 month pay in lieu (for workmen). For most white-collar/managerial employees: as per employment contract (typically 1–3 months, sometimes 60–90 days in IT sector). "Notice period buyout" is common — employer pays employee to leave early. Employer must provide notice equal to what employee gives.
Working time
Max hours: Factories Act: maximum 48 hours per week (9 hours/day; 6 days/week). IT sector typically 40–45 hours/week (Monday–Friday). Government offices: 35–40 hours/week. Some sectors and startups have long working culture (60–70+ hours common). The Occupational Safety Code 2020 maintains 8 hours/day, 48 hours/week limits.
Min rest: 11-hour daily rest between shifts. 1 rest day per week mandatory. Factories: 30-minute break after 5 hours continuous work. IT sector offices largely self-regulated on rest.
Overtime: Factories Act: overtime paid at TWICE the ordinary rate of wages. Night work and Sunday work may attract additional pay as per state acts. Many IT/white-collar contracts have "reasonable overtime" clauses without additional pay — legally questionable but widespread.
Vacation
Annual leave varies by state and establishment type. Factories Act: 1 day earned leave per 20 days worked (= ~18 days/year). Shops and Establishments Acts (state-level): typically 15–21 days. IT and corporate sector typically provides 18–21 days paid leave + 10–12 public holidays = approximately 28–33 days total. Carry-forward: most companies allow limited carry-forward (typically 30–45 days maximum). Leave encashment on resignation: common practice — unused leave paid out.
Anti-discrimination
The Constitution of India prohibits discrimination based on religion, race, caste, sex, or place of birth (Article 15). The Equal Remuneration Act 1976 prohibits gender-based pay discrimination. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (PoSH Act): mandatory Internal Complaints Committee in all establishments with 10+ employees. The Social Security Code includes provisions against workplace discrimination. Caste-based discrimination: Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Comprehensive anti-discrimination law for LGBTQ+ workers remains limited.
Contract red flags
- !No written employment contract — insist on one before starting work.
- !Contract entirely in a regional language you don't understand — request English translation.
- !Salary structured 100% as "allowances" with no basic salary component (affects PF calculations and gratuity).
- !Mandatory bond for 2–3 years with large financial penalty for early exit — these are often unenforceable but can cause harassment.
- !No mention of notice period — ambiguity works against you.
- !Working hours stated as "as required by the company" without any limit or overtime compensation.
- !"By accepting this offer you agree to be bound by all company policies" without specifying which policies — get policy documents before signing.
- !No mention of annual leave entitlement — you should know your leave allocation.
- !Salary stated in USD/GBP without clarification of exchange rate terms — specify the INR equivalent.
- !Employment Visa minimum salary not met (USD $25,000/year) — this would make your Employment Visa invalid.
- !Salary structure with basic pay below 50% of total CTC — the 4 Labour Codes (effective Nov 2025) require "wages" (basic + DA + retaining allowance) to be at least 50% of total remuneration; non-compliance affects PF, gratuity, and overtime calculations
Employment Rights
Unlock the complete Employment Rights guide for India — including every detail, document, tip and link you need.
Become a SupporterSupport the guide on Ko-fi · Unlocks every premium section, everywhere