Labour Law Questions
Browse labour law questions asked by people across India.
Questions in Labour Law are answered with reference to Section 25F of the Industrial Disputes Act, 1947 on retrenchment conditions, the Code on Wages, 2019, the Factories Act, 1948 and the Employees Provident Funds and Miscellaneous Provisions Act, 1952. Each answer states the section that applies, the forum that hears the matter and the limitation period, so the position can be checked against the official text at India Code before you act on it.
The forum depends on the facts rather than the label: a dispute described as a family matter may be heard by a family court, a magistrate or a civil judge depending on whether the relief sought is maintenance, custody, injunction or declaration. Where the law has been renumbered by the 2023 criminal law reforms, answers note both the old and the new section numbers.
What defenses are available against wrongful termination without notice in India?
What defenses are available against gratuity without going to court?
What defenses are available against gratuity under the new criminal law?
What defenses are available against a bonus payment under Indian law?
What are the legal consequences of overtime payment without a legal agreement in India?
What are the legal consequences of overtime payment under Indian law?
What are the legal consequences of overtime payment under Indian law?
What are the legal consequences of minimum wage after the recent changes?
What are the legal consequences of ESI benefits without going to the Employment State Insurance Court?
What are my rights regarding bonus payment in India?
Under which law can I claim minimum wage as per the Supreme Court judgment?
Under which law can I claim gratuity in India?
Is there an alternative to overtime payment as per the Supreme Court?
Is there an alternative to ESI benefits under Indian law?
Is it legal to use ESI benefits in a criminal case?
How to determine the minimum wage as per the Supreme Court judgment?
How to claim ESI benefits under Section 125 of the CrPC?
How long does it take to receive minimum wage under Indian law?
How long does it take to receive gratuity in India?
How long does it take to receive ESI benefits under Indian law?
How do I file for overtime payment under Indian law?
How do I file for overtime payment as per the Supreme Court judgment?
How do I file for gratuity as per the Supreme Court judgment?
How do I file for gratuity as per the Supreme Court judgment?
How do I file for ESI benefits after the BNS (BNSS) implementation?
Can I claim overtime payment as per the Supreme Court judgment?
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Frequently Asked Questions about Labour Law
What is labour law in India?
Labour law in India governs employer-employee relationships, covering wages, working hours, leave, termination, and workplace safety. Key laws include the Minimum Wages Act 1948, Payment of Gratuity Act 1972, and the new Labour Codes 2020 (pending implementation).
What is the minimum wage in India?
Minimum wages vary by state, skill level, and industry. Under the Minimum Wages Act 1948, state governments fix minimum rates. For example, unskilled workers may get ₹350-700 per day depending on the state. Check your state labour department website.
How much gratuity is an employee entitled to?
Under the Payment of Gratuity Act 1972, employees with 5+ years of service are entitled to gratuity of 15 days wages for each year of service (calculated as last drawn salary x 15/26 x years of service). Maximum limit is ₹20 lakh.
Can an employer terminate without notice in India?
Termination without notice is illegal unless for gross misconduct. Normal termination requires 1-3 months notice or pay in lieu. Retrenchment compensation is 15 days pay per year of service under the Industrial Disputes Act 1947.
What is provident fund (PF) in India?
Provident Fund is a retirement benefit scheme under the EPF Act 1952. Both employer and employee contribute 12% of basic salary. It is mandatory for organizations with 20+ employees. EPF can be withdrawn at retirement or for specific purposes like housing, education, or medical emergencies.