Introduction
Most people assume their rights begin after they start working. But under Indian law, your employee rights start the moment you’re offered a job. Whether it’s an internship, part-time role, or a full-time offer — you have legal protections during the hiring process.
This guide breaks down 10 hiring-stage rights every job-seeker in India should know in 2025.
1. You Cannot Be Discriminated Against
Employers in India cannot reject or treat you unfairly based on:
- Caste or religion
- Gender or sexual orientation
- Disability or health conditions (including pregnancy)
- Marital status or age
This protection comes from Articles 14–16 of the Indian Constitution, and laws like the Equal Remuneration Act and the Rights of Persons with Disabilities Act.
If you suspect bias in hiring, you can approach the Labour Commissioner, NCW (for women), or the SC/ST Commission.
2. Job Offers by Email or Chat Are Legally Binding
Yes — even if your offer comes via WhatsApp or Gmail, and you accept it, a legally binding contract exists.
If the employer backs out without good reason, you may claim damages or file a complaint, especially if you’ve resigned from a previous job based on the new offer.
Example: Candidate accepts a written offer via email and resigns from their old job. The new employer withdraws the offer. This may be challenged legally.
3. You Have a Right to a Clear Offer Letter
An offer letter must clearly outline:
- Your designation and job responsibilities
- Salary structure and breakup
- Probation period (if any)
- Leave, benefits, and holidays
- Notice period requirements
If any part is vague, demand written clarification before joining. This document is your main legal shield later.
4. You Can Refuse to Join Without Legal Trouble
If you haven’t joined yet, you are not legally bound to serve notice or pay damages. A signed offer letter doesn’t lock you in like a bond (unless explicitly mentioned).
Note: Always communicate your withdrawal in writing to avoid confusion.
5. Probation Period Must Be Reasonable
Most companies have a probation period of 3–6 months. They cannot:
- Keep you on probation endlessly
- Use probation as a loophole to deny salary hikes or benefits
If you’ve worked for over 6 months, you are eligible for notice period protection and paid leave as per the applicable law.
6. You Can Ask for HR Policy Before Joining
You’re legally entitled to ask for the employee manual, workplace rules, and leave structure before you accept the offer. Ask via email so it’s on record.
7. Offer Letter Terms Cannot Be Changed Later
Once accepted, the employer cannot change major clauses like:
- Salary
- Location
- Role
- Notice period
If they do, you can decline the change or legally challenge it.
8. Joining Bonus Withdrawal Can Be Challenged
If you were offered a joining bonus in writing and met the joining date, the employer cannot later refuse to pay it without reason.
You can file a complaint with the Labour Department or send a legal notice.
9. Recruitment Fraud Is a Crime
Fake job offers or demand for money during hiring is a criminal offence under IPC Sections 417 and 420 (cheating).
If you face this, file a complaint at your local cyber police station or labour office.
10. You Can Challenge Rejection Due to Disability or Maternity
If a woman is denied a job due to pregnancy, or a candidate due to disability — it violates the Maternity Benefit Act and RPWD Act. You can approach:
- National Commission for Women (NCW)
- State Disability Commissioner
- Labour court
Conclusion
Your hiring rights are your first legal shield at work. Don’t sign anything until you understand what’s in it. Demand clarity, don’t ignore red flags, and know that Indian law is often on your side — if you speak up.
For a complete guide to your rights at every stage of employment, read:
Your Legal Rights at Work: A Corporate Employee’s Survival Guide
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