Best Lawyers in India for Labour and Employment Law

Wrongful termination occurs when an employee is dismissed without proper notice, due process, or valid grounds as per the Industrial Disputes Act. Termination without following prescribed procedures, during protected periods (like maternity leave), or for discriminatory reasons can be challenged legally. Legal remedies include reinstatement or compensation.

Begin by sending a formal written demand to your employer. If unresolved, file a complaint with the Labour Commissioner or approach the Industrial Tribunal. Under the Payment of Wages Act, employers must pay wages within specified timeframes. VakeelSaab offers support from labour lawyers who can expedite the recovery process.

The Sexual Harassment of Women at Workplace Act provides comprehensive protection. Every workplace must have an Internal Complaints Committee. You can file a complaint within three months of the incident. Legal remedies include compensation, transfer, and disciplinary action against the harasser.

Notice period varies based on employment terms and applicable labour laws. Generally, one month's notice is standard for permanent employees. The Industrial Employment (Standing Orders) Act governs notice requirements. Both employer and employee must adhere to contractual notice periods or pay compensation in lieu.

PF can be withdrawn online through the EPFO portal using UAN. Gratuity is payable after completing five years of continuous service. Submit Form 19 for PF withdrawal and Form N for gratuity. Legal assistance ensures smooth processing if employers delay or deny rightful claims.

The Maternity Benefit Act provides 26 weeks of paid maternity leave for women employees. This includes 8 weeks pre-delivery and 18 weeks post-delivery. Employers cannot terminate during maternity leave or reduce benefits. Medical termination of pregnancy also entitles women to paid leave.

Review the contract terms carefully and gather supporting documentation. If disputes arise, attempt resolution through internal grievance mechanisms first. Legal action can be pursued for breach of contract, seeking damages or specific performance. Proper documentation strengthens your legal position.

Document violations thoroughly and report to relevant authorities like Labour Inspector or Factories Inspector. File complaints with the Labour Commissioner or Industrial Tribunal. Workers can also approach trade unions for collective action. Legal remedies include compensation and corrective measures.

Industrial disputes must first be reported to the Conciliation Officer for mediation. If conciliation fails, the matter can be referred to Labour Court or Industrial Tribunal. Legal strikes require proper notice and adherence to procedures under the Industrial Disputes Act.

Maintain proper employment records, follow statutory wage payments, implement safety measures, establish grievance redressal mechanisms, and ensure timely compliance with PF, ESI, and other statutory obligations. Regular legal audits help identify and address potential compliance gaps.