India’s status as one of the world’s fastest-growing economies has not translated into universal workplace freedoms for its 500-million-strong workforce. Rights such as union representation, workplace expression, and flexible working — common in parts of Europe and North America — remain limited or inconsistently applied in India.
According to the International Labour Organization’s 2024 India Country Profile, the informal sector still accounts for nearly 78% of total employment. This vast segment operates with minimal regulatory oversight, making enforcement of rights particularly difficult.
1. Unionisation: A right on paper, but rarely in practice
Article 19(1)(c) of the Constitution of India guarantees the right to form associations and unions. However, the International Trade Union Confederation (ITUC) Global Rights Index 2024 classified India among countries with “regular violations” of collective labour rights — a rating it has held since at least 2015.
Procedural barriers, such as high thresholds for union recognition in certain states, often deter organisation. A Reuters July 2024 report noted that state-level labour codes in some regions make it harder to call strikes in “essential services” and impose fines on unregistered unions, further eroding bargaining power.
2. Workplace expression under scrutiny
India lacks a comprehensive whistleblower protection law for the private sector. The Whistle Blowers Protection Act, 2014 covers only public servants, leaving private-sector employees reliant on internal company policies.
Employment contracts frequently contain non-disparagement clauses, limiting public statements about employers. In March 2024, The Hindu BusinessLine reported instances where IT employees received formal warnings for social media posts critical of company policies. While such cases can be challenged, the absence of statutory protection makes dissent procedurally risky.
3. The ‘right to disconnect’ remains absent
Countries such as France, Spain, Ireland, and Australia have laws allowing employees to ignore work calls or emails after hours. India has no such legislation.
A July 2024 Indeed India survey found that 58% of professionals regularly responded to work communications outside office hours, with 36% reporting negative effects on mental health. During the pandemic, some firms introduced voluntary “no calls after 7 pm” policies, but without statutory backing, adherence is inconsistent.
4. Flexible work: A privilege, not a guarantee
The World Bank’s South Asia Economic Focus 2024 observed that in India, flexible work policies remain entirely at employers’ discretion. Without legal safeguards, such arrangements can be revoked at will.
While hybrid work became widespread during the pandemic, sectors such as manufacturing, logistics, and retail rarely offered this flexibility. In IT and services, several large employers reinstated mandatory office attendance in 2024–25, citing productivity concerns.
5. Gender equity and workplace safety gaps
The World Economic Forum’s Global Gender Gap Report 2024 ranked India 127th out of 146 countries in economic participation and opportunity for women.
The Maternity Benefit (Amendment) Act, 2017 extended paid leave to 26 weeks, but smaller enterprises often fail to comply fully. There is still no statutory paid paternity leave for private-sector employees, limiting shared caregiving.
Safety concerns also restrict women’s participation in night shifts, despite protections under several state Shops and Establishments Acts.
Labour codes: Promise and pushback
The Union government’s plan to merge 29 labour laws into four consolidated labour codes aims to simplify compliance but has faced resistance from multiple trade unions, including the Centre of Indian Trade Unions (CITU). Critics say certain provisions could make it easier for employers to hire and fire workers.
The nationwide rollout, initially targeted for 2022, has been repeatedly delayed. As of August 2025, the Ministry of Labour has not announced a definitive implementation date.