65
67
Limited Access to
Decent Work
80
100
40
50
80
75
80
20
100
25
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | Yes | 1 | §3-5, 18-22, 27 & 28 of Minimum Wages Act 1948 |
| Does the law require regular payment of wages? | Yes | 1 | §3-6 & 11 of Minimum Wages Act 1948; §3-7 of the Payment of Wages Act 1936 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | §59 of Factories Act 1948 |
| Does the law require additional compensation for working on a weekly rest day? | Yes | 1 | §53 of Factories Act, 1948 |
| Does the law require additional compensation for night work? | No | 0 | §57 of Factories Act 1948 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | §51-63 of Factories Act 1948 |
| Does the law restrict maximum working hours including overtime to 56 hours per week? | Yes | 1 | §56 of Factories Act 1948 |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §52-53 of Factories Act 1948 |
| Does the law require paid public holidays? | Yes | 1 | National and Festival Holiday Act |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §79-82 of Factories Act 1948 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | No | 0 | Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §1 & 10 of the Contract Labour (Regulation & Abolition) Act, 1970 |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | No | 0 | §2 of the Model Standing Orders |
| Does the law require a 30-day notice before contract termination? | Yes | 1 | §2, 25(F-N) of Industrial Disputes Act 1947; §15 of the Model Standing Orders |
| Does the law require severance pay at the rate of at least 2 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| Does the law require at least one week of paid paternity leave for fathers? | No | 0 | No applicable legal provisions could be located |
| Does the law require flexible work arrangements for workers with family responsibilities? | Yes | 1 | No applicable legal provisions could be located |
| Does the law require paid nursing breaks? | Yes | 1 | §11 & 11A of the Maternity Benefits Act 1961 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | No | 0 | §6(1) of Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2016 |
| Does the law require paid 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 |
| Does the law require cash maternity benefit be at least 67% of a worker's former wage? | Yes | 1 | §5 of the Maternity Benefits Act 1961 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | Yes | 1 | §5 of the Maternity Benefits Act 1961 |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §12 of the Maternity Benefits Act 1961 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §35 & 87 of Factories Act 1948 |
| Does the law require the employer to train workers on health and safety issues? | Yes | 1 | §35 & 87 of Factories Act 1948 |
| 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 |
| Does the law provide for employment injury benefit? | Yes | 1 | §46 of the Employees State Insurance Act 1948; ISSA Country Profile for India |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | §12 of Employee's Pension Scheme 1995; ISSA Country Profile for India |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §16 of Employees' Pension Scheme 1995; ISSA Country Profile for India |
| Does the law provide for unemployment benefit? | Yes | 1 | Employees' State Insurance Act No. 34 of 19 April, on social security, 1948; ISSA Country Profile for India |
| Does the law require paid sick leave for the first 6 months of sickness? | No | 0 | Employees' State Insurance Act No. 34 of 19 April, on social security, 1948; ISSA Country Profile for India |
| Does the law provide for invalidity benefit? | Yes | 1 | §12 of Employees' Pension Scheme 1995; ISSA Country Profile for India |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | No | 0 | §4 of the Equal Remuneration Act 1976 |
| 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 |
| Does the law prohibit discrimination in employment matters? | No | 0 | §14-16 of Indian Constitution 1949; §4 of the Equal Remuneration Act 1976 |
| Does the law allow women to do the same jobs as men? | No | 0 | §19(1)(g) of Indian Constitution 1949; §27, 66 & 87 of the Factories Act 1948 |
| Does the law guarantee basic labour protections for gig economy workers? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §21(A) & 24 of Indian Constitution, 1949; §2-7 of the Child Labour (Prohibition & Regulation) Act, 1986 |
| 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 |
| Does the law prohibit the employment of children 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 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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 |
| 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 2021 |
| Does the law provide for the right to strike? | No | 0 | §2, 22-25 of the Industrial Disputes Act 1947; §2 & 3 of Essential Services Maintenance Act 1981 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | No | 0 | §5 of Essential Services Maintenance Act 1981 |
