Workplace Rights

Maternity benefits, protection against wrongful termination, and the POSH Act.

Your Fundamental Legal Rights

• Maternity Benefits

Female employees are legally entitled to 26 weeks of paid maternity leave for their first two children under the Maternity Benefit Act.

• Protection against Sexual Harassment (POSH)

Every organization with 10 or more employees MUST constitute an Internal Complaints Committee (ICC) to address complaints of sexual harassment at the workplace.

• Right against Wrongful Termination

An employee cannot be terminated arbitrarily. The employer must provide proper notice as per the employment contract and follow principles of natural justice.

✅ What to Do (Immediate Actions)

Report any incident of sexual harassment formally in writing to the ICC.
Keep copies of your employment contract, offer letter, and performance reviews.
Approach the Labour Commissioner if unpaid dues are withheld post-resignation/termination.

⛔ What NOT to Do

Do not sign a forced resignation letter under pressure; note that you are signing under protest if compelled.
Do not ignore health and safety violations at the workplace.

Whom to Report & The Process

Authority: Internal Complaints Committee (ICC)

Process: For sexual harassment, file a written complaint to the ICC of your company within 3 months of the incident. The ICC is legally bound to inquire and provide a resolution.

Contact / Portal: Check your HR handbook or company portal for ICC members.

Authority: Labour Commissioner / Labour Court

Process: For wrongful termination, unpaid salary, or denial of maternity benefits, send a legal notice to the employer. If ignored, file a claim with the local Labour Commissioner.

Contact / Portal: State Labour Department portal.