LRI 2022 India - CLR

India

2022 Score

65

Score Decrease

2020 Score

67

Rating

Limited Access to
Decent Work

Fair
Wages

80

Decent
Working Hours

100

Employment
Security

40

Family
Responsibilities

50

Maternity
at Work

80

Safe
Work

75

Social
Security

80

Fair
Treatment

20

Child &
Forced Labour

100

Trade
Union

25

Fair Wages

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

Decent Working Hours

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

Employment Security

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

Family Responsibilities

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

Maternity at Work

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

Safe Work

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

Social Security

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

Fair Treatment

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

Child & Forced Labour

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

Trade Union

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