Women’s Rights at Workplace in India: Labour Codes and POSH

Women’s rights at workplace in India now come mainly from the four Labour Codes in force since 21 November 2025 and the POSH Act, 2013. A woman is entitled to equal wages for the same or similar work (Code on Wages, s.3), up to 26 weeks of paid maternity benefit (Code on Social Security, s.60), and a harassment-free workplace with an Internal Committee wherever there are 10 or more employees (POSH Act, s.4). She may work at night, before 6 a.m. or after 7 p.m., only with her consent and with safety conditions in place (OSH Code, s.43).

Women’s rights at workplace in India: equal pay and equal treatment

The Equal Remuneration Act, 1976 was folded into the Code on Wages, 2019. Section 3 of the Code says there shall be no discrimination in an establishment among employees on the ground of gender in matters relating to wages, for the same work or work of a similar nature. Two further rules matter in practice:

• An employer cannot reduce anyone’s wages to achieve equality. The lower-paid person is brought up; the higher-paid person is not cut down.
• No discrimination on the ground of sex while recruiting for the same or similar work, or in conditions of employment after joining, unless a law restricts women’s employment in that work.

This reflects Article 39(d) of the Constitution (equal pay for equal work) and Article 15(3).

Example: Kavita and Arjun both work as data analysts in the same Noida office, with the same role and targets. Arjun is paid ₹8,000 more each month. If HR gives no job-related reason in writing, she can raise a claim under the Code on Wages before the authority appointed under the Code, or through the Samadhan portal (samadhan.labour.gov.in). Wage claims under the Code must be filed within 3 years.

Night shift rules for women under the OSH Code

Night work is where women’s rights at workplace in India changed most under the Labour Codes. Section 43 of the Occupational Safety, Health and Working Conditions Code, 2020 opens with a clear statement: women “shall be entitled to be employed in all establishments for all types of work”. Night work is allowed, but with two locks:

1. Consent. A woman may be employed before 6 a.m. and beyond 7 p.m. only with her consent.
2. Conditions. The appropriate government prescribes conditions on safety, holidays, working hours and other matters. Check the rules notified for your state, typically covering transport, lighting and security.

Section 44 lets the government require adequate safeguards before women are employed in operations it finds dangerous to their health and safety.

If you are told to work late without having agreed, or without the promised transport, put it in writing to HR. Refusing night work you never consented to is your right under s.43.

Maternity benefit and protection from dismissal

Chapter VI of the Code on Social Security, 2020 (ss.59 to 72) replaced the Maternity Benefit Act, 1961. The key rights:

• 26 weeks’ paid leave at average daily wage if you have fewer than two surviving children, of which not more than 8 weeks before delivery; 12 weeks from the third child.
• Eligibility: at least 80 days actually worked in the 12 months before the expected delivery.
• Adoptive and commissioning mothers: 12 weeks from handover of the child. In March 2026 the Supreme Court struck down the old limit of a child below three months (Hamsaanandini Nanduri v. Union of India).
• Nursing breaks until the child is 15 months old (s.66), and a creche in establishments with 50 or more employees (s.67).
• No dismissal during or because of maternity absence (s.68).

Maternity protection is one of the oldest women’s rights at workplace in India, and the Code kept it intact. Full details are in our maternity benefit guide.

POSH complaint: step by step

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 covers employees of every kind, including trainees, interns and contract staff, at any workplace, including places visited during work.

1. Find the right committee. Every workplace with 10 or more employees must have an Internal Committee (s.4), headed by a senior woman employee, with at least half its members women and one external member. If your workplace has fewer than 10 employees, or the complaint is against the employer, go to the Local Committee in your district (s.6).
2. Write the complaint within 3 months of the incident, or of the last incident in a series (s.9). The committee can extend this by another 3 months for good reason.
3. Inquiry. The committee must complete the inquiry within 90 days (s.11(4)). Conciliation happens only at your request.
4. Action. The employer must act on the committee’s report within 60 days (s.13).
5. Criminal law too. Serious conduct can also be reported to the police under the Bharatiya Nyaya Sanhita, 2023.

An employer that fails to constitute a committee can be fined up to ₹50,000, doubled on repetition (s.26).

Frequently asked questions

What are women’s rights at workplace in India under the new Labour Codes?

Equal wages for the same or similar work and no sex discrimination in recruitment (Code on Wages, s.3), the right to work in all establishments and at night only with consent and safety conditions (OSH Code, s.43), and 26 weeks’ paid maternity benefit with protection from dismissal (Code on Social Security, ss.60 and 68). The POSH Act, 2013 adds protection against sexual harassment.

Can my employer make me work night shifts?

Not without your consent. Section 43 of the OSH Code allows women to work before 6 a.m. and after 7 p.m. only with consent and subject to conditions on safety, holidays and working hours set by the government.

How do I file a POSH complaint?

Submit a written complaint to your Internal Committee within 3 months of the incident. If there is no Internal Committee because there are fewer than 10 employees, or the complaint is against the employer, file before the district Local Committee.

Can I be fired for being pregnant?

No. Section 68 of the Code on Social Security, 2020 bars dismissal or discharge during or on account of maternity absence.

Quick quiz

Learn your workplace, family and property rights in one place in Women’s Legal Rights in India (₹299), a certificate of completion, not a professional qualification.

Sources

• Code on Wages, 2019: Sections 3 and 45
• Occupational Safety, Health and Working Conditions Code, 2020: Sections 43 and 44
• Code on Social Security, 2020: Sections 59 to 72 (maternity benefit)
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Sections 4, 6, 9, 11, 13 and 26
• Constitution of India: Articles 15(3) and 39(d)
• Hamsaanandini Nanduri v. Union of India, Supreme Court, 17 March 2026

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.