India’s labour law landscape has undergone a major transformation. With the four Labour Codes now in force, many older Acts have been repealed and consolidated. For employees, this means their rights are clearer, and for HR teams, compliance is more streamlined. Below are the 10 common workplace issues and their legal remedies under the Labour Codes, with references to legacy Acts only for context.
Salary Delay / Non-Payment
Issue: Salary not paid on time, arbitrary deductions, or salary withheld.
Legal Solution:
- Code on Wages, 2019 (subsumed Payment of Wages Act, 1936).
- Salary must be paid by the 7th/10th of the following month.
- Complaints can be filed with the Labour Commissioner.
- Employers face penalties and interest for delays.
Harassment (Mental / Sexual)
Issue: Abuse, intimidation, or sexual harassment.
Legal Solution:
- PoSH Act, 2013 (still in force, not subsumed).
- Mandatory Internal Complaints Committee (ICC).
- Complaints can be filed internally or with the Local Complaints Committee (LCC).
- Criminal remedies under IPC Sections 354 and 509.
Illegal Termination / Forced Resignation
Issue: Termination without notice or coercion to resign.
Legal Solution:
- Industrial Relations Code, 2020 (subsumed Industrial Disputes Act, 1947).
- Employees can approach the Labour Court or Conciliation Officer.
- Relief may include reinstatement or compensation.
Excessive Working Hours / No Overtime
Issue: Long working hours without overtime pay.
Legal Solution:
- OSHWC Code, 2020 (subsumed Factories Act, 1948 and Shops & Establishments Acts).
- Overtime must be paid at double the ordinary wage.
- Complaints can be filed with Labour Inspectors.
Discrimination (Gender, Caste, Religion, Disability)
Issue: Unequal pay, denial of promotion, or biased treatment.
Legal Solution:
- Code on Wages, 2019 (subsumed Equal Remuneration Act, 1976).
- Constitution of India (Articles 14, 15, 16) continues to prohibit discrimination.
- Complaints can be filed with Labour Authorities or Courts.
Leave Denial (Maternity, Sick, Earned Leave)
Issue: Leave not approved or paid.
Legal Solution:
- Code on Social Security, 2020 (subsumed Maternity Benefit Act, 1961).
- Shops & Establishments provisions now integrated into OSHWC Code.
- Employees can issue legal notices or file complaints.
PF / ESI Not Provided or Deducted but Not Deposited
Issue: PF/ESI contributions deducted but not credited.
Legal Solution:
- Code on Social Security, 2020 (subsumed EPF Act, 1952 and ESI Act, 1948).
- Complaints can be filed with PF/ESI authorities.
- Employers face penalties and prosecution for default.
Unsafe Working Conditions
Issue: Health and safety risks, lack of protective measures.
Legal Solution:
- OSHWC Code, 2020 (subsumed Factories Act, 1948).
- Labour Inspectors can order inspections and closure of unsafe establishments.
No Appointment Letter / Contract Issues
Issue: No written terms of employment or unfair clauses.
Legal Solution:
- Industrial Relations Code, 2020 mandates standing orders and documentation.
- Indian Contract Act, 1872 continues to apply to validity of contracts.
- Employees can challenge unfair clauses in court.
No Grievance Redressal Mechanism
Issue: Complaints ignored by management.
Legal Solution:
- Industrial Relations Code, 2020 mandates Grievance Redressal Committees.
- Employees can escalate complaints to the Labour Department or Court.
FREE HR Compliance Checklist (2026)
- Ensure timely salary payments under Code on Wages.
- Constitute ICC under PoSH Act.
- Issue appointment letters with clear terms under IR Code.
- Track working hours and pay overtime under OSHWC Code.
- Provide maternity, sick, and earned leave under Social Security Code.
- Maintain PF/ESI compliance under Social Security Code.
- Conduct workplace safety audits under OSHWC Code.
- Establish grievance redressal mechanisms under IR Code.
Disclaimer: This blog is for educational purposes only. Labour Code compliance may vary based on state-specific rules and judicial interpretations. For case-specific advice, consult a certified Labour Law Consultant or practicing advocate.