Practice Area Guide

Labour & Employment Lawyers

Labour and employment law covers wrongful or unfair termination, unpaid wages and dues, workplace harassment, gratuity and provident fund disputes, and broader industrial disputes between workers and employers. The area is currently in transition: long-standing statutes like the Industrial Disputes Act, 1947, the Payment of Wages Act, 1936, and the Payment of Gratuity Act, 1972 are being consolidated into four new Labour Codes — the Code on Wages, the Industrial Relations Code, the Code on Social Security, and the Occupational Safety, Health and Working Conditions Code — which are being rolled out in phases across states.

Workplace sexual harassment is dealt with separately under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH), which requires every employer above a certain size to have an Internal Committee to receive and investigate complaints. Disputes over termination or non-payment typically start with an internal grievance or a complaint to the local Labour Commissioner for conciliation, and if unresolved, proceed to a Labour Court or Industrial Tribunal.

Whether you're an employee facing termination, unpaid dues, or harassment, or an employer navigating a dispute, timing matters — many claims have to be raised within a specific window, and the right first step (internal complaint, Labour Commissioner, or direct litigation) depends on the specific facts.

Frequently asked questions

Can my employer terminate me without notice?

For "workmen" under the Industrial Disputes Act, retrenchment generally requires notice (or pay in lieu) and compensation; for other employees, the employment contract and state Shops & Establishments law govern notice. Termination that ignores these can be challenged.

What can I do about unpaid salary?

You can raise a claim with the Labour Commissioner, file under the Payment of Wages Act (for covered employees), or sue for recovery. A written demand first strengthens the record.

When is gratuity payable?

Under the Payment of Gratuity Act, 1972, after five years of continuous service with the same employer, payable on resignation, retirement or termination (the five-year condition does not apply on death or disablement).

How do I complain about sexual harassment at work?

Complain in writing to your employer's Internal Committee under the POSH Act, 2013, generally within three months of the incident. If the employer has no committee, the district Local Committee can hear it.

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