Traditional employment has changed in India due to growth of remote labour. What started as a temporary solution during the COVID-19 pandemic has now become a long-term model for many industries—especially IT, finance, consulting, marketing, and other digital sectors.
Despite this massive shift, India’s labour laws are yet to formally define or regulate Work from Home (WFH). However, both employers and employees must still comply with existing laws and mutual obligations under employment contracts and company policies.
This blog explores employee rights, employer obligations, grey areas, and relevant case law around WFH in India.
Is Work from Home Legal in India?
Yes, WFH is legal in India, but there isn’t a specific law that controls it. Instead, companies rely on:
Employment contracts
HR and internal policies
State-specific Shops & Establishments Acts
Sectoral guidelines from state IT/ITES departments
WFH remains largely a policy-driven model, which places the onus on employers to define fair, compliant, and enforceable WFH terms.
Employee Rights While Working from Home
Even without a specific Work from Home law, employees enjoy several rights under general employment laws and principles of fair treatment.
Right to Timely Payment of Salary
Remote work doesn’t affect an employee’s right to receive their salary on the due date. Non-payment or delays can be challenged, even during remote employment.
Right to Defined Working Hours
Employers must clearly define expected working hours. Overloading employees or expecting them to be “always available” is exploitative and may amount to unfair labour practice.
Right to Leave and Holidays
Employees working from home are entitled to the same leave benefits—such as sick leave, earned leave, and national holidays—as those working in office settings.
Right to Reimbursement (if Promised)
Where companies offer reimbursement for internet, phone bills, or power, employees have a right to claim those as per written policies or employment contracts.
Right to Privacy
Monitoring tools used during WFH—such as screen recording or constant webcam usage—must not breach personal privacy. Indian constitutional law protects right to privacy.
Right to Protection from Harassment
Workplace harassment laws apply to Work from Home too. Verbal, visual, or written harassment via email, chat, or video calls are covered under the POSH Act, 2013, and must be addressed via the Internal Committee (IC).
Employer Obligations for Remote Workers
Employers have a duty to ensure that WFH arrangements are transparent, fair, and compliant with applicable policies.
Issue a Clear WFH Policy
Employers must issue a clear and written WFH policy covering:
Working hours
Attendance and availability
Device use and data access
Reimbursements, if any
Confidentiality and security
Leave and performance expectations
Putting this in writing clarifies expectations and avoids misunderstandings.
Respect Work-Life Balance
Employers must respect defined work hours and avoid pressuring employees to respond outside of those hours unless agreed upon. Working long hours without taking breaks might result in burnout and legal issues.
Comply with POSH Act
The Prevention of Sexual Harassment (POSH) Act extends to virtual workspaces. The employer must ensure that WFH employees have access to the Internal Committee and that harassment complaints are treated seriously.
Ensure Data Protection
Companies must train employees on secure practices, especially when handling client data or proprietary systems. Strong policies, VPNs, and access control help protect sensitive business information.
Support Mental Health and Well-being
While not mandatory by law, many responsible employers now offer mental health support, access to counsellors, wellness apps, and flexible hours to avoid employee burnout.
Provide Necessary Tools
Employers should provide laptops, phones, or software necessary for efficient remote work. While not legally required, this is best practice to ensure productivity and reduce the employee’s personal burden.
What Employees Should Do to Stay Protected
Employees working remotely should not assume that verbal instructions or informal arrangements are sufficient. Here’s what employees must do to protect their own rights:
Get Written Confirmation
Ensure that WFH terms—working hours, reimbursements, availability expectations—are communicated in writing, via email or formal policy.
Track Your Work Hours
Maintain a record of login/logout times, task lists, and completed assignments. This can be useful in case of disputes or performance reviews.
Maintain Professional Communication
Casual behaviour is not acceptable just because you work from home. Communicate professionally, respect work hours, and meet performance expectations.
Seek Reimbursements, If Promised
If your employer promises to reimburse expenses like internet or electricity, keep bills and email records ready. Raise claims formally through HR.
Know Your Rights
You are still protected by workplace policies, anti-harassment laws, and employment terms—even while working from home. Don’t tolerate harassment or unfair treatment.
Report Issues Promptly
If you’re facing overwork, bullying, delayed payments, or privacy concerns, escalate to HR or your reporting manager. Keep written proof of any incidents or communications.
Case Laws Relevant to Work from Home
Although there are limited rulings specifically on WFH in India, some case laws and precedents are relevant:
People’s Union for Civil Liberties v. Union of India (1997)
Issue: Right to privacy.
Implication: Employees working remotely have a right to personal privacy, even when using employer-provided systems.
Vishaka v. State of Rajasthan (1997)
Issue: Sexual harassment at the workplace.
Implication: Workplace harassment regulations cover virtual harassment during WFH, such as through video conversations, chats, or emails.
P. Radhakrishnan v. Hindustan Organic Chemicals Ltd. (2003)
Issue: Enforcement of employment terms.
Implication: Employers must honour the written terms of employment, including WFH-related promises or reimbursements.
Current Government Guidance
The Ministry of Commerce amended SEZ rules in 2022 to allow IT/ITES units operating in Special Economic Zones to allow up to 50% of employees to work remotely. This was a major policy shift and reflects the government’s support for flexible working.
States like Karnataka, Telangana, and Maharashtra have also issued sector-specific policies allowing relaxed Work from Home norms for the IT sector, enabling companies to register remote working setups more easily.
Grey Areas That Need Attention
Despite WFH becoming mainstream, several legal gaps remain:
No national WFH law or standardised policy
No uniform rule on reimbursements or infrastructure support
No clarity on compensability for injuries during work-from-home
Limited protection for gig workers and freelancers working remotely
What a WFH Policy Should Include
For companies looking to formalize their remote work practices, a good WFH policy should cover:
Scope and eligibility
Work hours and response time
Leave management
Device and data usage
Expense reimbursements
Monitoring and productivity guidelines
Termination or transition back to office
Final Thoughts
Work from Home is not just a convenience—it’s a fundamental shift in how Indian workplaces function. But with this freedom comes the need for structure, clarity, and compliance.
About Praans
At Praans, we help businesses and employees navigate the complexities of Indian labour law—whether they’re remote, hybrid, or on-site.
Our services include:
Labour Law Advisory WFH Policy Drafting Payroll & Statutory Compliance (PF, ESI, Gratuity) HR Documentation & Employment Contracts State-Wise Registration Services Labour Law Software for MSMEs & Enterprises
Whether you’re a growing startup or a large corporation, Praans helps you stay compliant, audit-ready, and legally protected.
Frequently Asked Questions (FAQs)
Q1. Is WFH legal in India?
Yes, WFH is legal but not regulated by a specific law.
Q2. Can employers monitor me during WFH?
Yes, but it must respect your privacy.
Q3. Do WFH employees get paid leave?
Yes, as per company policy.
Q4. Is internet/electricity reimbursement mandatory?
No, only if promised in policy or contract.
Q5. Does POSH apply to WFH?
Yes, virtual harassment is covered.
Q6. Can I claim overtime while working from home?
Yes, if eligible under company rules.
Q7. Can I be asked to return to office after WFH?
Yes, if WFH is not permanent.
Q8. What should a WFH policy include?
Work hours, expectations, data safety, and leave.
Q9. Am I liable for data breaches at home?
Yes, if due to your negligence.
Q10. What if I face harassment or unfair treatment?
Report it to HR or the Internal Committee.
Disclaimer
The motive of article’s is solely for general informational purposes and is not a legal advice. While efforts have been made to ensure the accuracy of the content, laws and regulations may change and vary based on jurisdiction. Any actions solely based on the information provided in this article here are not the responsibility of the publisher or author.