Even at the workplace, an employee remains a citizen, so these constitutional guarantees apply:
Article 14 – Equality before law and equal protection of laws; protects against arbitrary or discriminatory actions by the State (public employers, PSUs, govt bodies).
Articles 15 & 16 – Prohibit discrimination on grounds like religion, race, caste, sex, place of birth and guarantee equality of opportunity in public employment (reservations, fair selection, no arbitrary denial).
Article 19(1)(c) – Freedom to form associations and unions; basis for trade unions and collective bargaining.
Article 21 – Right to life and personal liberty, interpreted to include right to livelihood, health, safe working conditions, dignity at work, and protection from inhuman treatment.
Employees of State/PSUs can directly invoke these in writ petitions; private-sector employees rely mainly on labour statutes, but courts sometimes read these rights into private employment disputes as well (especially dignity and safety).
Key Statutory Rights of Employees
1. Right to Wages and Equal Pay
Code on Wages, 2019 (replacing Minimum Wages Act, etc.):
Entitlement to at least the notified minimum wage.
Timely payment of wages; regulates deductions.
Equal Remuneration Act, 1976 (now substantially merged into the Code on Wages):
Mandates equal remuneration for men and women doing the same or similar work.
2. Working Hours, Leave, and Conditions of Work
Factories Act, 1948 and Shops & Establishments Acts (state laws) / Occupational Safety, Health and Working Conditions Code, 2020:
Fix maximum daily/weekly working hours, overtime rules, and weekly offs.
Provide for paid annual leave/earned leave, and basic holidays.
Require adequate ventilation, lighting, sanitation, drinking water, crèches (in certain cases), safety measures, etc.
3. Health, Safety and Protection from Exploitation
Safety obligations on employers: safe machinery, protective gear, prevention of accidents, medical facilities at workplace.
Bonded Labour System (Abolition) Act, 1976 and Article 23 of the Constitution together prohibit forced labour and bonded labour.
Child labour in hazardous occupations is banned under the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, and related amendments.
4. Social Security Rights
Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 / EPF scheme:
Employer and employee contributions towards retirement savings (subject to coverage thresholds).
Employees’ State Insurance Act, 1948:
Medical benefits, sickness benefits, maternity benefits, disability and dependants’ benefits for covered employees.
Payment of Gratuity Act, 1972:
Lump-sum gratuity after 5 years of continuous service (subject to conditions), on resignation, retirement, death or disablement.
Employee’s Compensation Act, 1923:
Compensation for injury or death arising out of and in the course of employment.
5. Maternity and Related Protections
Maternity Benefit Act, 1961 (and amendments):
Paid maternity leave (currently up to 26 weeks in many cases).
Protection from dismissal or adverse conditions due to pregnancy.
Nursing breaks and certain facilities for women employees.
Some of these protections also apply through ESI for insured women.
Job Security, Termination, and Remedies
Industrial Disputes Act, 1947 (and subsequently the Industrial Relations Code, 2020):
Protection against unfair labour practices and arbitrary retrenchment for “workmen”.
Requirements of notice, retrenchment compensation, and in some cases prior permission from government before large-scale layoffs/closure.
Mechanisms for conciliation, labour courts, and industrial tribunals to resolve disputes.
Industrial Employment (Standing Orders) Act, 1946:
Requires larger industrial establishments to define and notify clear conditions of service, misconduct, disciplinary procedures, etc., reducing arbitrariness.
State Shops & Establishments Acts also provide protections on notice periods, hours, and termination for non-factory/commercial employees.
Harassment and Dignity at Workplace
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”):
Mandates Internal Complaints Committee (ICC) in establishments with 10 or more employees.
Provides procedure for complaint, inquiry, and action in cases of sexual harassment.
Protects complainants against victimisation or retaliation.
Courts have also linked workplace harassment to violation of Articles 14, 15 and 21.
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