Salary disputes, resignation issues, and consumer protection.
Employment law in India is in the middle of a major consolidation. The four Labour Codes passed in 2019-2020 — Code on Wages, Industrial Relations Code, Code on Social Security, and OSH&WC Code — replace 29 older statutes including the Industrial Disputes Act, Factories Act, Payment of Wages Act, and Payment of Gratuity Act. Implementation is rolling out state by state; until then, the older Acts continue. Consumer law was overhauled in 2019: the Consumer Protection Act 2019 introduced product liability, e-commerce rules, the Central Consumer Protection Authority, online filing via e-Daakhil, and Online Dispute Resolution.
This section covers wrongful termination and notice-pay rights, gratuity calculation under the 240-day rule, workmen's compensation for workplace injuries, gig and platform worker recognition (Rajasthan and Karnataka have state-specific laws), POSH Act 2013 implementation, maternity benefits (26 weeks paid), unfair contract terms, insurance claim rejection and the Insurance Ombudsman route, hospital overbilling and Clinical Establishments Act remedies, gym and subscription refunds, defective products, and e-commerce returns. Compensation thresholds: District Commission up to ₹50 lakh, State Commission ₹50 lakh to ₹2 crore, National Commission above. Where employer or seller liability is contested, engage a specialised labour or consumer lawyer early — documentation in the first 30 days matters most.
No. Once you serve the agreed notice period, your resignation is legally effective. Forcing you to work would amount to 'forced labour' under Article 23 of the Constitution.
Send a legal demand notice, then file a claim under the Payment of Wages Act, 1936 (or Code on Wages, 2019) before the Labour Commissioner, or initiate insolvency under the IBC for corporate employers.
Yes. Under DGCA Civil Aviation Requirements (CAR) Section 3, Series M, Part IV, you are entitled to meals, hotel stays, refunds, or compensation up to ₹10,000 depending on delay or cancellation.
File a complaint on the E-Daakhil portal under the Consumer Protection Act, 2019. The District Consumer Commission has jurisdiction up to ₹50 lakh and you need not engage a lawyer.
File a written complaint with your employer's Internal Committee (IC) under the POSH Act, 2013. The IC must complete inquiry within 90 days. You can also approach the Local Committee or the police.
Under the Maternity Benefit Act, 1961 (as amended in 2017), you are entitled to 26 weeks of paid maternity leave for your first two children, 12 weeks for the third+. Plus protection against dismissal during pregnancy and 1 month after return.
Yes — under the Industrial Disputes Act, 1947, eligible 'workmen' get 15 days' average pay per completed year of service for retrenchment, plus notice pay. Establishments with 100+ workers need government permission to retrench.
Under the Consumer Protection (E-Commerce) Rules, 2020, platforms must acknowledge complaints within 48 hours and refund within 14 days of accepting a return. False product claims and misleading reviews are now actionable.
Yes, in many cases. Indian courts have routinely struck down 'no refund' clauses as unfair contract terms under the Consumer Protection Act, 2019. File a consumer complaint citing deficiency of service.
Gratuity is payable after 5 continuous years of service (and after just 1 year for fixed-term employees under the new Labour Codes, in force since 21 November 2025). Formula: (Last drawn wages × 15 × years of service) / 26. The tax-exempt limit is ₹20 lakh (Section 10(10) Income Tax Act). Gratuity rules now sit in the Code on Social Security, 2020, which subsumes the Payment of Gratuity Act, 1972.
The Employees' Compensation Act, 1923 (formerly Workmen's Compensation Act) entitles workers to compensation for injuries 'arising out of and in the course of employment'. Amounts depend on injury severity, age, and wages — typically 50% of monthly wage for the period of disability + lump sum for permanent injuries.
Under the Code on Social Security, 2020, gig and platform workers are formally recognised for the first time. Aggregators (Ola, Uber, Swiggy, Zomato, Urban Company etc.) must contribute 1-2% of turnover or 5% of payments to a Social Security Fund covering health, accident, disability, maternity, old-age. Rajasthan & Karnataka have state-specific laws.
File a complaint with the insurer's grievance officer first, then escalate to IRDAI's Bima Bharosa portal, the Insurance Ombudsman (claims up to ₹50 lakh, free, binding on insurer), or Consumer Commission. Most insurers settle when serious complaint is filed.
Demand itemised bill, compare against Clinical Establishments Act tariffs and your insurer's network rates, escalate to hospital management, IMA, state health authority, file consumer complaint, and ask insurer to involve Third-Party Administrator (TPA). Many hospitals settle when challenged with documentation.
File on the e-Daakhil portal (edaakhil.nic.in) — no need to travel or hire a lawyer for most cases. Approach the District Commission if the value of goods/services is up to ₹50 lakh, the State Commission for ₹50 lakh to ₹2 crore, and the National Commission above ₹2 crore. Filing fees are nominal (often waived below ₹5 lakh in several states) and you can claim refund, replacement, compensation for deficiency, and damages for mental agony — all without a lawyer.
Reference:Consumer Protection Act, 2019; Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021; Consumer Protection (Consumer Disputes Redressal Commission) Rules, 2020
In India, a non-compete clause that applies after you leave your job is void and unenforceable under Section 27 of the Indian Contract Act, 1872, which voids any agreement restraining a lawful profession, trade, or business — with only a narrow exception for the sale of business goodwill. A restriction that applies only during your employment (e.g., barring a second job with a competitor while you're still employed) is generally valid if reasonable. Unlike the UK or US, Indian courts apply no 'reasonableness' test to rescue a post-employment restraint — if it operates after termination, it is void regardless of how narrow or fair it seems.
India's four Labour Codes have been in force since 21 November 2025. The biggest changes for employees: at least 50% of your total remuneration must count as 'wages' for PF and gratuity, fixed-term employees get gratuity after 1 year (pro-rata), and your full and final settlement is due within 2 working days of leaving. Permanent employees still need 5 years for gratuity. Some details depend on state rules that are still arriving, so check your own payslip and appointment letter.
Reference:Code on Wages, 2019 (Section 2(y) definition of wages; wage payment and settlement provisions); Code on Social Security, 2020 (gratuity); Industrial Relations Code, 2020; Occupational Safety, Health and Working Conditions Code, 2020; all four Codes in force from 21 November 2025
