Workplace Rights — Termination, Wages, POSH & Maternity
When you face wrongful termination, unpaid wages, sexual harassment at work, or denial of maternity leave
Your rights
7 rights, every one grounded in a specific statutory section.
Right to challenge wrongful termination — an employer cannot retrench a "workman" without giving one month's notice (or pay in lieu) and without following the inquiry procedure under the Industrial Disputes Act.
IDA s. 2AWrongful termination of individual workman — deemed industrial dispute; retrenchment procedure requiredRight to 21 days' notice before any change in service conditions (shift timings, pay scales, leave rules, etc.) — employer must issue a Notice of Change.
IDA s. 9ANotice of change in conditions of service — employer must give 21-day notice before altering service conditionsRight as a protected workman to not be dismissed, discharged, or punished during a pending dispute — employers need prior permission from the authority.
IDA s. 33Conditions of service during pendency of proceedings — protected workman cannot be dismissed without authority's permissionRight to timely payment of wages — wages must be paid within 7 days of the wage period end for establishments with fewer than 1,000 employees, and within 10 days otherwise. Delay entitles you to claim.
COW s. 17Code on Wages 2019 — timely payment of wages; employer liable for delayed paymentRight to equal remuneration — no employer shall pay an employee less than another employee of a different gender for the same work or work of similar nature.
COW s. 3Code on Wages 2019 s.3 — equal remuneration irrespective of gender for same or similar workRight to file a POSH complaint — every woman employee can submit a written complaint to the Internal Complaints Committee (ICC) within 3 months of the last act of sexual harassment.
POSH s. 9POSH Act 2013 s.9 — complaint of sexual harassment to Internal Complaints Committee within 3 monthsRight to 26 weeks of paid maternity leave for the first two children (12 weeks for third and subsequent children) — cannot be dismissed or discharged during or on account of maternity leave.
MBA s. 5Maternity Benefit Act 1961 s.5 — right to maternity leave; 26 weeks for first two children
Your duties
What you must do so the law is on your side.
Preserve all written communications (offer letter, appointment letter, salary slips, emails) — these are your evidence in any labour dispute.
File the POSH complaint within 3 months of the last incident — the ICC may condone a further 3-month delay for sufficient cause, but delay weakens your case.
POSH s. 9POSH Act 2013 s.9 — 3-month limitation for ICC complaintFile a wage claim before the Wage Authority (under Code on Wages) within 3 years of the cause of action.
COW s. 45Code on Wages 2019 — limitation period for wage claims
Do say
- ·“I request a copy of my appointment letter, all salary slips, and the termination letter in writing.”
- ·“Under the Industrial Disputes Act s.2A, termination of a workman is a deemed industrial dispute — I intend to raise this before the Labour Court.”
- ·“I am filing a complaint with the Internal Complaints Committee (ICC) under POSH Act 2013 s.9.”
- ·“Under the Maternity Benefit Act, I am entitled to 26 weeks' paid maternity leave and cannot be dismissed on this ground.”
- ·“I am entitled to equal pay for equal work under the Code on Wages — please provide a written explanation for the pay disparity.”
Do not say
- ·Do not resign under pressure — a forced resignation may be treated as constructive dismissal, but only if you document the coercion immediately.
- ·Do not sign any "full and final settlement" or "no-dues certificate" without understanding what rights you waive.
- ·Do not delay filing beyond 3 years for wage disputes or 3 months for POSH complaints — limitation is strict.
- ·Do not delete any WhatsApp, email, or recorded communications relating to the dispute — preserve all evidence.
Get a lawyer immediately if
- ·If you are asked to resign instead of being terminated — do not sign. Document the coercion and consult a lawyer immediately.
- ·If wages are unpaid for more than 30 days — file immediately before the Wage Authority; consult a lawyer.
- ·If your POSH complaint is not acknowledged within 7 days or the ICC is not constituted — this is a violation; consult a lawyer.
- ·If you are victimised (transferred, demoted) after filing a POSH complaint — this is prohibited under POSH s.12; consult a lawyer immediately.
- ·If maternity leave is denied or you are dismissed on account of pregnancy — this is illegal; file a complaint with the Labour Commissioner and consult a lawyer.
- ·If the employer retaliates after you raise a wage dispute — consult a lawyer and document all retaliation.
Emergency contacts
National helplines available 24/7.
- National Labour Helpline14567
- Women's Helpline181
- National Commission for Women7827170170
Statutory references
Every right and duty above is anchored in one of these.
- IDA s. 2AWrongful individual termination — deemed industrial dispute
- IDA s. 9ANotice of change in service conditions — 21-day notice requirement
- IDA s. 33Protection of protected workman during pending dispute
- COW s. 3Equal remuneration — gender-neutral pay for same work
- COW s. 17Timely payment of wages
- POSH s. 9ICC complaint procedure — 3-month limitation
- MBA s. 5Right to maternity leave — 26 weeks for first two children
Need this in an emergency?
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Get the mobile app →Not legal advice. This guide is a citation-grounded reference, not a substitute for a lawyer. If your rights have been violated or you need to act on something specific, consult an advocate. We do not connect citizens to lawyers (BCI Rule 36 compliant).
Every right and duty above maps to a section of an Indian statute. We do not generate legal text — every quoted citation is sourced from BNS / BNSS / BSA / Constitution / the relevant special Act and verified before publication.