Read this first: the four Labour Codes are in force. The Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020 were brought into force with effect from 21 November 2025. The Code on Social Security subsumes the EPF Act, the ESI Act, the Payment of Gratuity Act and the Maternity Benefit Act, among others. The existing schemes (the EPF Scheme, 1952, the Employees' Pension Scheme, 1995 and the EDLI Scheme, 1976) and ESIC procedures continue to operate under the Code, and rules framed under the earlier laws continue to the extent they are not inconsistent until replaced by rules under the Codes, which the Centre and the States are notifying in stages. This guide therefore uses the familiar section numbers of the earlier Acts as reference labels and points out where the Codes change the position. Always check the rules notified by your State for FY 2026-27.

1. Statutory Overview and Legislative Intent

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)

The POSH Act gives statutory form to the guidelines laid down by the Supreme Court in Vishaka v. State of Rajasthan (1997). It recognises that sexual harassment violates a woman's fundamental rights to equality, life and dignity and to practise any profession. It places the duty to prevent and redress harassment squarely on the employer. In Aureliano Fernandes v. State of Goa (2023), the Supreme Court found widespread gaps in implementation and directed authorities to verify that committees are constituted and functioning.

  • Section 2: definitions of aggrieved woman, employee (including temporary, ad hoc, daily wage, trainees, interns and contract workers), employer and workplace (including places visited arising out of employment and transport provided by the employer).
  • Section 4: Internal Committee (IC, widely called the ICC) at every office or branch with 10 or more employees.
  • Section 6: Local Committee constituted by the District Officer for establishments with fewer than 10 employees and for complaints against the employer.
  • Sections 9 to 18: complaint, conciliation, inquiry, interim relief, report, action, confidentiality and appeal.
  • Section 19: duties of employer.
  • Section 21 and Rule 14: annual report of the committee.
  • Section 26: penalties.

Maternity benefit

The Maternity Benefit Act, 1961, substantially enhanced by the Maternity Benefit (Amendment) Act, 2017, is now consolidated in Chapter VI of the Code on Social Security, 2020. Its purpose is to protect the employment of women during maternity and to ensure income and health support before and after childbirth.

The four Labour Codes

CodeLaws subsumed (principal)Core purpose
Code on Wages, 2019Payment of Wages Act, 1936; Minimum Wages Act, 1948; Payment of Bonus Act, 1965; Equal Remuneration Act, 1976Universal minimum wage, national floor wage, timely payment, bonus, and gender equality in pay and recruitment
Industrial Relations Code, 2020Trade Unions Act, 1926; Industrial Employment (Standing Orders) Act, 1946; Industrial Disputes Act, 1947Unions, standing orders, dispute resolution, strikes and lock-outs, lay-off, retrenchment and closure, fixed-term employment
Code on Social Security, 2020EPF Act, ESI Act, Employees' Compensation Act, Maternity Benefit Act, Payment of Gratuity Act, Building and Other Construction Workers Cess Act, Cine Workers Welfare Fund Act, Employment Exchanges Act, Unorganised Workers' Social Security ActUniversal social security including gig and platform workers
Occupational Safety, Health and Working Conditions Code, 2020Thirteen laws including the Factories Act, 1948, Contract Labour (Regulation and Abolition) Act, 1970, Inter-State Migrant Workmen Act, 1979, Mines Act, Plantations Labour Act and othersSafety, health, working hours, leave, welfare, contract and migrant labour, and registration and licensing

2. Applicability and Threshold Matrix

A. POSH Act

RequirementApplies toComposition or detail
Internal CommitteeEvery office, branch or unit with 10 or more employees (all genders counted)Presiding Officer: a woman employed at a senior level. At least two members from among employees committed to the cause of women, or with legal knowledge or social work experience. One external member from an NGO or association committed to the cause of women, or a person familiar with issues of sexual harassment. At least one half of the members must be women. Term: up to three years
Local CommitteeWorkplaces with fewer than 10 employees, informal sector, and complaints against the employerConstituted by the District Officer
Board's report disclosureCompaniesStatement that the company has complied with provisions relating to constitution of the Internal Committee (Companies (Accounts) Rules, 2014, Rule 8(5)(x))

B. Maternity benefit

EntitlementRule
CoverageFactories, mines, plantations, and shops and establishments with 10 or more employees
EligibilityActual work of at least 80 days in the 12 months immediately preceding the expected date of delivery
Maternity leave: first two children26 weeks, of which not more than 8 weeks before the expected date of delivery
Maternity leave: third child onwards12 weeks, of which not more than 6 weeks before delivery
Adoption of a child below 3 months, and commissioning mothers12 weeks from the date the child is handed over
Miscarriage or medical termination of pregnancy6 weeks immediately following the day of miscarriage or termination
Tubectomy operation2 weeks
Illness arising out of pregnancy, delivery or related causesAdditional leave of up to 1 month
Rate of benefitAverage daily wage for the period of actual absence
Medical bonusRs. 3,500 (or as revised by notification) if no free pre-natal and post-natal care is provided by the employer
Nursing breaksTwo breaks a day until the child is 15 months old
CrecheEstablishments with 50 or more employees, within prescribed distance, with four visits a day allowed
Work from homeMay be allowed after maternity leave where the nature of work permits, on mutually agreed terms
Information to women employeesEvery woman must be informed in writing and electronically of maternity benefits at the time of appointment

C. Labour Code thresholds that change compliance

AreaEarlier positionPosition under the Codes
Definition of wagesDifferent in each ActUniform definition; excluded components above 50% of remuneration are added back
Minimum wagesOnly scheduled employmentsAll employees, subject to the national floor wage
Time of wage paymentVariedMonthly wages by the 7th of the following month; on separation, within 2 working days
Standing orders100 or more workers (50 in some States)300 or more workers
Prior permission for lay-off, retrenchment and closure100 or more workers300 or more workers (States may notify a higher number)
Fixed-term employmentLimitedPermitted across sectors, with parity in wages and benefits and gratuity after one year
Retrenched workersRetrenchment compensation onlyRetrenchment compensation plus contribution of 15 days' last drawn wages to a Worker Re-skilling Fund
Strikes and lock-outsNotice mainly in public utility servicesNotice required in all industrial establishments: within 60 days before the strike and not within 14 days of giving notice
Grievance Redressal Committee20 or more workers20 or more workers
Factory definition10 workers with power, 20 without20 workers with power, 40 without
Contract labour coverage20 or more contract workers50 or more contract workers
Appointment lettersNot universalMandatory for every employee
Women at nightRestrictedPermitted in all establishments with consent and prescribed safeguards
Gig and platform workersNot coveredSocial security schemes funded by aggregators contributing 1% to 2% of annual turnover, capped at 5% of amounts paid to such workers

3. Step-by-Step Compliance and Filing Workflow

A. Setting up and running the POSH framework

  1. Constitute the Internal Committee at each office or branch with 10 or more employees, by written order of the employer, with the composition required by Section 4. Pay the external member's fees as prescribed in Rule 4.
  2. Adopt a policy on prevention of sexual harassment, covering the definition, examples, procedure, confidentiality, and consequences.
  3. Display the penal consequences of sexual harassment and the order constituting the Committee at conspicuous places (Section 19(b)).
  4. Train employees and Committee members through workshops and awareness programmes at regular intervals (Section 19(c)).
  5. Register details of the Committee on the SHe-Box portal of the Ministry of Women and Child Development where required, and with the District Officer as the State directs.
  6. Handle complaints: receive a written complaint within three months of the incident (or the last incident in a series), extendable by three months for reasons recorded. Offer conciliation at the complainant's request (without monetary settlement). Otherwise conduct the inquiry following natural justice, complete within 90 days, and give the report within 10 days of completion. The employer acts on recommendations within 60 days.
  7. Interim relief: during inquiry, on the complainant's request, recommend transfer, leave of up to three months, or restraint on the respondent reporting on the complainant's work (Section 12).
  8. Annual report: the Committee prepares an annual report for each calendar year under Rule 14 with the number of complaints received, disposed of, pending for more than 90 days, workshops conducted, and the nature of action taken. Submit it to the employer and the District Officer. The employer includes the information in its annual report or, where no annual report is required, informs the District Officer.

B. Administering maternity benefit

  1. Inform every woman employee in writing and by email of maternity entitlements at appointment.
  2. On notice of pregnancy (in the prescribed form), confirm eligibility (80 days) and schedule leave.
  3. Pay maternity benefit at the average daily wage for the period of absence, in advance for the pre-delivery period on request, and the balance within 48 hours of proof of delivery.
  4. Provide nursing breaks, creche access (50 or more employees) and consider work from home arrangements.
  5. Do not dismiss or discharge, or change conditions of service to her disadvantage, during the maternity absence (Section 12 of the 1961 Act, carried into the Code).
  6. Where the woman is an ESIC insured person, maternity benefit is paid by ESIC instead of the employer, subject to ESIC conditions.

C. An executive readiness plan for the Labour Codes

  1. Governance: appoint a cross-functional owner (HR, payroll, legal, finance, administration) and report progress to the board or audit committee.
  2. Wage structure test: for each grade, compute the share of excluded components. Where it exceeds 50%, quantify the increase in PF, gratuity, leave encashment and bonus costs, and decide on restructuring.
  3. Actuarial update: revalue gratuity and leave liabilities under AS 15 or Ind AS 19 using the Code wage definition, and assess the impact on the financial statements (past service cost).
  4. Documentation: issue appointment letters to all employees in the prescribed form, update standing orders or service rules, and revise fixed-term contracts for parity and one-year gratuity eligibility.
  5. Registrations and licences: migrate to the single registration under the OSH Code where required, and update contractor licences under the revised contract labour thresholds.
  6. Payroll and processes: configure payment timelines (7th of the month, full and final settlement within two working days of separation), overtime at twice the wage rate, and leave accrual rules.
  7. Safety and health: set up annual health check-ups for employees above the prescribed age, safety committees where required, and women's night shift safeguards.
  8. Gig and platform workers: aggregators should map engagement models and set up processes for contribution and worker registration as schemes are notified.
  9. Track State rules: labour is in the Concurrent List. States notify their own rules on many matters, so multi-State employers need a State-wise tracker.

4. Statutory Due Dates and Frequency Table

ComplianceFrequencyTime limit
POSH complaint by aggrieved womanEventWithin 3 months of the incident, extendable by 3 months
Copy of complaint to respondentEventWithin 7 working days of receipt (Rule 7)
Respondent's replyEventWithin 10 working days of receipt of complaint copy
Completion of inquiryEventWithin 90 days
Inquiry report to employerEventWithin 10 days of completion of inquiry
Employer action on reportEventWithin 60 days of receipt
Appeal against recommendationsEventWithin 90 days of the recommendations
Committee annual reportAnnual (calendar year)After the end of each calendar year, by the date fixed by the District Officer or State
Disclosure in Board's reportAnnualWith the Board's report for the financial year
Maternity benefit payment for the pre-delivery periodEventIn advance on production of proof of pregnancy
Balance maternity benefitEventWithin 48 hours of production of proof of delivery
Monthly wage payment under the Code on WagesMonthlyBy the 7th of the following month
Full and final settlementEventWithin 2 working days of removal, dismissal, retrenchment or resignation
Statutory bonus paymentAnnualWithin 8 months from the close of the accounting year

5. Interest, Late Fees and Penal Consequences

DefaultProvisionConsequence
Failure to constitute the Internal Committee, act on recommendations, or contravention of the POSH ActPOSH Act, Section 26Fine up to Rs. 50,000. On repeat conviction, twice the punishment, and cancellation of licence or withdrawal or non-renewal of registration needed for carrying on business
Breach of confidentiality of POSH proceedingsPOSH Act, Section 17 and Rule 12Penalty recoverable from the person in breach (Rs. 5,000 under Rule 12)
Contravention of maternity benefit provisionsMaternity Benefit Act, Section 21 (carried into the Code with revised penalties)Imprisonment and fine; for failure to pay maternity benefit or for wrongful dismissal, imprisonment of not less than 3 months extendable to 1 year and fine of Rs. 2,000 to Rs. 5,000 under the earlier Act
Wage-related contraventionCode on Wages, Section 54First offence: fine up to Rs. 50,000. Repeat within 5 years: imprisonment up to 3 months, or fine up to Rs. 1 lakh, or both. Paying less than the due amount: fine up to Rs. 50,000
CompoundingCode on Wages, Section 56 and corresponding provisions in other CodesFirst offences punishable only with fine may be compounded at 50% of the maximum fine (75% where punishable with imprisonment or fine, as specified)
Inspector-cum-facilitator noticesAll four CodesAn opportunity to comply within a specified period is given before prosecution for many first contraventions

6. Practical Audit Pitfalls and Best Practices

  • Constitute a committee at every location with 10 or more employees, not only at the head office. Count employees including contract workers, interns and trainees.
  • Choose a genuinely independent external member and record the basis for selection. Courts have set aside inquiries conducted without a properly constituted committee.
  • Keep inquiry files confidential and complete: complaint, notices, statements, evidence, minutes of each sitting, report and action taken.
  • Prepare the annual report even if there are no complaints. A nil report is still required and is evidence of compliance.
  • Train the committee in natural justice. Most challenges to POSH outcomes succeed on procedural grounds such as denial of opportunity to cross-examine or a biased member.
  • Coordinate maternity benefit with ESIC. For insured women, ensure the claim is made through ESIC to avoid paying twice or not at all.
  • Treat the Codes as a payroll project, not a legal memo. The largest impacts are on wage structures, gratuity valuation and full and final settlement timelines.
  • Keep a State-wise rule tracker. Thresholds such as those for lay-off permission, factory registration and shops and establishments vary by State notification.

7. Statutory References and Official Sources

  • Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Sections 2, 4, 6, 9 to 19, 21 and 26; Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013, Rules 4, 7, 12 and 14.
  • Companies (Accounts) Rules, 2014, Rule 8(5)(x).
  • Vishaka v. State of Rajasthan, (1997) 6 SCC 241; Aureliano Fernandes v. State of Goa, Supreme Court, judgment dated 12 May 2023.
  • Maternity Benefit Act, 1961 (reference), as amended by the Maternity Benefit (Amendment) Act, 2017: Sections 4, 5, 5(3), 8, 11, 11A, 12 and 21; Code on Social Security, 2020, Chapter VI.
  • Code on Wages, 2019: Sections 2(y), 6, 9, 17, 26, 54 and 56.
  • Industrial Relations Code, 2020: provisions on the Grievance Redressal Committee, negotiating union, standing orders, notice of strikes and lock-outs, retrenchment and the Worker Re-skilling Fund, and the special provisions on lay-off, retrenchment and closure (Chapter X).
  • Code on Social Security, 2020: Sections 2(88), 53, 114 and Chapter VI.
  • Occupational Safety, Health and Working Conditions Code, 2020: definitions (factory and contract labour thresholds), registration of establishments, duties of employers including appointment letters and health check-ups, hours of work and overtime, and employment of women at night.
  • Ministry of Labour and Employment, notifications bringing the four Labour Codes into force from 21 November 2025, and draft and final rules under each Code.
  • Official portals: labour.gov.in; shramsuvidha.gov.in; shebox.wcd.gov.in; epfindia.gov.in; esic.gov.in.