65
65
67
Limited Access to Decent Work
80
100
40
50
80
75
80
20
100
25
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §3-5, 18-22, 27 & 28 of Minimum Wages Act 1948 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §3-6 & 11 of Minimum Wages Act 1948; §3-7 of the Payment of Wages Act 1936 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §59 of Factories Act 1948 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | Yes | 1 | §53 of Factories Act, 1948 | No Change |
| Does the law require additional compensation for night work? | No | 0 | §57 of Factories Act 1948 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §51-63 of Factories Act 1948 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §56 of Factories Act 1948 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §52-53 of Factories Act 1948 | No Change |
| Does the law require paid public holidays? | Yes | 1 | National and Festival Holiday Act | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §79-82 of Factories Act 1948 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | No | 0 | Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §1 & 10 of the Contract Labour (Regulation & Abolition) Act, 1970 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | §2 of the Model Standing Orders | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §2, 25(F-N) of Industrial Disputes Act 1947; §15 of the Model Standing Orders | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §25(F) of Industrial Disputes Act, 1947; §4 of the Payment of Gratuity Act, 1972 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | Yes | 1 | §5 of the Maternity Benefits Act 1961, amended in 2017 | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §11 & 11A of the Maternity Benefits Act 1961 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | §6(1) of Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2016 | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §3-10 of the Maternity Benefits Act 1961; §43 of the Central Civil Service (Leave) Rules 1972 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §5 of the Maternity Benefits Act 1961 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §5 of the Maternity Benefits Act 1961 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §12 of the Maternity Benefits Act 1961 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §35 & 87 of Factories Act 1948 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §35 & 87 of Factories Act 1948 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | No | 0 | §4 of the Maternity Benefits Act 1961 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §46 of the Employees State Insurance Act 1948; ISSA Country Profile for India | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §12 of Employee's Pension Scheme 1995; ISSA Country Profile for India | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §16 of Employees' Pension Scheme 1995; ISSA Country Profile for India | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | Employees' State Insurance Act No. 34 of 19 April, on social security, 1948; ISSA Country Profile for India | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | Employees' State Insurance Act No. 34 of 19 April, on social security, 1948; ISSA Country Profile for India | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §12 of Employees' Pension Scheme 1995; ISSA Country Profile for India | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | No | 0 | §4 of the Equal Remuneration Act 1976 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §2 & 26 of the Sexual Harassment of Women at Workplace Act 2013, §354 (A) of the Penal Code | No Change |
| Does the law prohibit discrimination in employment matters? | No | 0 | §14-16 of Indian Constitution 1949; §4 of the Equal Remuneration Act 1976; §4 of the Transgender Persons (Protection of Rights) Act, 2019 | No Change |
| Does the law allow women to do the same job as men? | No | 0 | §19(1)(g) of Indian Constitution 1949; §27, 66 & 87 of the Factories Act 1948 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §21(A) & 24 of Indian Constitution, 1949; §2-7 of the Child Labour (Prohibition & Regulation) Act, 1986 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §3 of the Right of Children to Free and Compulsory Education Act, 2009 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §3, 3A and Schedule of the Child Labour (Prohibition & Regulation) Act 1986; §71 of the Factories Act, 1948 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §4 & 16 of the Bonded Labour System (Abolition) Act 1976; §370 and 374 of the Penal Code, 1860 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §19 of Indian Constitution 1949; §2-9 & 25 of the Trade Union Act, 1926; §9A of Trade Unions Act 2001 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §15-20 of the Industrial Dispute Act 1947; Uttar Pradesh Industrial Disputes Rules, 1957; USDOS CRHRP 2023 (India) | No Change |
| Does the law provide the right to strike? | No | 0 | §2, 22-25 of the Industrial Disputes Act 1947; §2 & 3 of Essential Services Maintenance Act 1981 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | §5 of Essential Services Maintenance Act 1981 | No Change |