Your Rights as a Worker in India: Minimum Wage, PF, ESIC, Maternity Leave, and How to File a Labour Complaint

A construction worker in Surat is being paid ₹350 per day. He doesn't know that the minimum wage for his category in Gujarat is ₹440 per day. He has worked for the same contractor for two years and has no EPF number. He has never heard of ESIC. If he gets injured on the job, he doesn't know he is entitled to free medical treatment and compensation.

A garment worker in Tiruppur works 11 hours a day. She doesn't know that the law entitles her to overtime at double pay for anything beyond 8 hours. She is pregnant and doesn't know she has a right to 26 weeks of paid maternity leave.

These are not unusual situations. They describe the reality of hundreds of millions of Indian workers who are, every day, giving up money they are legally owed because no one has told them what the law says.

This guide does exactly that. Here are your rights as a worker in India — clearly, specifically, and with the exact steps to claim them when they are violated.

Right 1: Minimum Wage

Every worker in India is legally entitled to a minimum wage — a floor below which no employer can pay. The Minimum Wages Act, 1948 (now subsumed into the Code on Wages, 2019) covers all scheduled employment categories.

How minimum wages are set

Minimum wages in India are set at two levels:

• Central Government: Sets minimum wages for central sphere industries (railways, mines, ports, construction under central contracts, etc.)


• State Governments: Set minimum wages for all other industries within their state

Each state sets minimum wages for different categories of workers (unskilled, semi-skilled, skilled, highly skilled) and different sectors (agriculture, construction, textile, domestic workers, etc.). States revise wages typically every 6 months or 1 year based on the Consumer Price Index.

How to find your minimum wage

Go to labour.gov.in → Minimum Wages → State/Sector-wise wages — the central government maintains a database of state minimum wages.

Alternatively: Shram Suvidha portal (shramsuvidha.gov.in) allows workers to check applicable minimum wages.

Or call the Central Labour Helpline: 1800-11-2345 (free, available in Hindi and English).

What "minimum wage" covers: Basic wages plus dearness allowance (DA), if applicable. Some states split the minimum wage into basic + DA; both together constitute the minimum.

For domestic workers: Many states, including Delhi, Tamil Nadu, Karnataka, and Maharashtra, have specific minimum wages for domestic workers (household help, cooks, drivers). These are frequently violated. Domestic workers can file a complaint with the state labour department.

If you are paid below minimum wage

This is a criminal offense under the Minimum Wages Act. Steps:

1. Collect evidence: payslips, bank transfer records, wage register if you have access to it, any message or written communication mentioning your wages


2. File a complaint with the Labour Commissioner's office in your district — walk in and file a written complaint


3. The labour inspector will investigate, audit the employer's wage register, and can direct payment of arrears plus penalty


4. Alternatively: file on Shram Suvidha portal (shramsuvidha.gov.in) — complaints can be filed online

Right 2: Provident Fund (EPF)

The Employees' Provident Fund (EPF) is a mandatory retirement savings scheme for workers.

Who it applies to: Every establishment with 20 or more employees must register under the EPF and Miscellaneous Provisions Act, 1952. Every employee earning up to ₹15,000 per month (basic + DA) is mandatorily covered. Employees earning above ₹15,000 can voluntarily opt in.

What you are entitled to:

• Your employer must contribute 12% of your basic salary + DA to your EPF account every month


• You contribute 12% of your basic salary + DA from your side (deducted from your salary)


• The employer's 12% is split: 3.67% to your EPF account, 8.33% to EPS (Employee Pension Scheme) — the EPS gives you a pension after 58 years if you have 10+ years of service

Your EPF account is identified by your UAN (Universal Account Number) — a unique number that stays with you across employers. Get your UAN from your employer's HR or check at unifiedportal-mem.epfindia.gov.in.

Common EPF violations by employers

• Deducting EPF from employee salary but NOT depositing it to EPFO (criminal offense)
• Not enrolling eligible employees in EPF at all
• Enrolling employees at a lower salary than actual (undercounting to reduce employer's contribution)
• Not giving employees their UAN or PF passbook access

How to check if your PF is being deposited

1. Log in at unifiedportal-mem.epfindia.gov.in with your UAN and password
2. Check your PF passbook — every month's employer and employee contribution should appear
3. If contributions are missing or less than expected: file a complaint at the same portal or call EPFO Helpline: 1800-11-8005 (free)
4. EPFO can initiate recovery proceedings against the employer, including prosecution

Right 3: ESIC (Employees' State Insurance)

The Employees' State Insurance (ESI) scheme provides health insurance and sickness benefits to workers.

Who it applies to: Every establishment with 10 or more employees (in some states, 20 or more) where any employee earns up to ₹21,000 per month (or ₹25,000 for persons with disability).

What you get under ESIC:

• Free medical treatment for yourself and your entire family — at ESIC hospitals, dispensaries, and panel clinics across India. No cost at ESIC facilities.


• Sickness cash benefit: 70% of average daily wages for up to 91 days per year if you're ill and need to take leave


• Maternity benefit: 100% of wages for 26 weeks for women covered under ESIC (see below)


• Disablement benefit: If you suffer a permanent disability from a work injury — lifetime pension at 90% of daily wages


• Dependent benefit: If you die from a work-related cause, your family receives pension

Your ESIC card: You should receive an ESIC card from your employer. Use it at any ESIC dispensary or hospital for free treatment. Find the nearest ESIC facility at esic.gov.in.

If your employer has not registered you: File a complaint at your regional ESIC office (find at esic.gov.in) or call the ESIC helpline. The employer is legally obligated to register eligible employees.

Right 4: Maternity Leave and Benefits

The Maternity Benefit (Amendment) Act, 2017 provides among the most generous maternity rights in the world for covered workers.

Entitlements under the Act

| Benefit | Entitlement |
|---------|------------|
| Paid maternity leave | 26 weeks (for first two children); 12 weeks for third child and beyond |
| Timing | Can begin up to 8 weeks before due date |
| Payment | Full wages throughout the leave period |
| Medical bonus | ₹3,500 lump sum if no pre-natal care provided by employer |
| Nursing breaks | Two 15-minute nursing breaks per day until child is 15 months old, in addition to regular breaks |
| No termination during maternity | Illegal to terminate or reduce wages of a woman during maternity leave |
| Creche facility | Establishments with 50+ employees must provide a creche |

Who is covered: Women employees who have worked for at least 80 days in the 12 months preceding delivery. Both factories and shops and establishments (offices, retail) are covered.

ESIC-covered workers: Maternity benefit is paid by ESIC (not employer) — claim at your ESIC branch with maternity certificate from doctor.

Non-ESIC workers: Maternity benefit is paid by the employer directly.

What if employer refuses maternity leave: This is a criminal offense. Steps:

1. Send a written request for maternity leave by registered post or email (keep a copy)


2. If refused: file a complaint with the Inspector under the Maternity Benefit Act (your area's Labour Department)


3. File online at shramsuvidha.gov.in

Right 5: Working Hours, Overtime, and Weekly Rest

The Factories Act, 1948 (for factory workers) and various state Shops and Establishments Acts (for commercial establishments) set working hour limits.

Factory workers (Factories Act)

• Maximum working hours: 9 hours per day, 48 hours per week
• Daily spread: Work spread cannot exceed 10.5 hours from start to finish (including breaks)
• Overtime: Every hour beyond 9 hours per day or 48 hours per week must be paid at double the ordinary rate (2x wages)
• Weekly rest: Mandatory 1 day off per week

Commercial workers (Shops and Establishments Acts — state-specific)

Rules vary by state, but typically:

• Maximum hours: 8-9 hours per day, 48 hours per week


• Overtime: Double pay beyond 8/9 hours


• Rest day: 1 day per week mandatory

If your employer is making you work more than the legal hours without paying overtime, document it (screenshots of attendance, shift records, or WhatsApp messages asking you to work late) and file with the Labour Department.

Right 6: Bonus

The Payment of Bonus Act, 1965 mandates an annual bonus for employees in factories and establishments with 20 or more employees, earning up to ₹21,000 per month.

• Minimum bonus: 8.33% of annual wages (or ₹100, whichever is higher) — payable to all eligible employees, even if the company makes no profit
• Maximum bonus: 20% of annual wages, paid from the allocable surplus when profits are strong
• Payment timing: Bonus must be paid within 8 months of the close of the accounting year (usually by November/December for March year-end companies)
• Eligibility: Employees who have worked at least 30 working days in the accounting year

If bonus is withheld, file a complaint with the Payment of Bonus Inspector at your district Labour office.

Right 7: Gratuity

The Payment of Gratuity Act, 1972 entitles workers to a lump-sum payment (gratuity) when they leave after 5 or more years of continuous service with one employer.

Formula: 15 days' wages × number of years of service
(Where 15 days' wages = (last drawn monthly salary / 26 working days) × 15)

Example: Last salary ₹20,000/month, 10 years of service:

• Daily wage = ₹20,000 / 26 = ₹769


• 15 days = ₹769 × 15 = ₹11,538


• Gratuity = ₹11,538 × 10 = ₹1,15,380

Gratuity must be paid within 30 days of resignation or retirement. If not paid, it accrues at 10% simple interest per year.

Applies to establishments with 10 or more employees. Payable on resignation, retirement, death, disablement, or retrenchment.

Right 8: Protection from Arbitrary Dismissal

Workers cannot be terminated arbitrarily. Relevant protections:

• Industrial Disputes Act: Workers (other than those in supervisory/managerial roles) with 1+ year of continuous service in an establishment with 50+ workers cannot be dismissed without: one month's notice (or pay in lieu), retrenchment compensation (15 days' wages per year of service), and government notification
• Service rules: Contractual employees must be given notice as per their employment contract or appointment letter
• Disciplinary proceedings: Dismissal for misconduct must follow a fair enquiry — including giving the worker an opportunity to explain

If dismissed without proper process: File with the Labour Commissioner or the appropriate Industrial Tribunal/Labour Court. Free legal aid for workers is available through NALSA (helpline 1516).

How to File a Labour Complaint

Other complaint channels:

| Violation | Where to Complain |
|-----------|-----------------|
| EPF not deposited | EPFO regional office or epfindia.gov.in; helpline 1800-11-8005 |
| ESIC not registered | ESIC regional office or esic.gov.in |
| Minimum wage | District Labour Commissioner's office |
| Maternity benefit denied | Inspector under Maternity Benefit Act (Labour Department) |
| Bonus not paid | Inspector under Payment of Bonus Act (Labour Department) |
| Gratuity not paid | Controlling Authority (Labour Commissioner) under Payment of Gratuity Act |
| Wrongful dismissal | Labour Commissioner or Labour Court |

For unorganised sector workers (construction, agriculture, gig workers, domestic workers): The Unorganised Workers' Social Security Act and the new Code on Social Security provide additional protections. Contact your state's Labour Department or the nearest Legal Services Authority (call 1516) for guidance specific to your situation.

The Most Important First Step

Document everything. Workers who lose labour cases almost always lose because of insufficient documentation. Start today:

• Save every salary slip (photograph them if physical)
• Note your UAN number and verify monthly EPF deposits
• Save screenshots of messages that show working hours, salary discussions, or incidents
• If your employer does something illegal, send a WhatsApp message confirming it in writing ("Sir, as discussed, you said my PF will not be deducted") — this creates a record

Your labour rights exist. They were won over decades by workers who came before you. Knowing them, and using them, is both your right and your duty.