Flexible-working requests in India
Reviewed by Mellow Editorial Team, HR & payroll content team
Flexible working requests are not governed by a single dedicated statute in India, so how you handle them depends on your industry, the applicable Labour Code provisions, and your own employment contracts. That said, employers who build a clear, fair process tend to avoid disputes and retain better talent.
What the law actually says
India does not have a standalone "right to request flexible working" law equivalent to those in the UK or Australia. The four consolidated Labour Codes — which came into force in 2025 — address working hours, overtime and conditions of service, but they do not create a statutory right for employees to formally request a change to their working pattern.
What the Codes do establish is a framework for standing orders, notice periods and changes to service conditions. If your organisation is covered by standing orders, any material change to working hours or location may need to follow a defined process before it takes effect. Check whether your establishment falls under the Industrial Relations Code and what your registered standing orders say.
Certain sectors have additional rules. IT companies operating under Special Economic Zone regulations, for example, have their own approvals for shift timings. Manufacturing units must comply with the Occupational Safety, Health and Working Conditions Code on hours and rest intervals.
Types of flexible-working arrangements
Flexible working covers a range of practical arrangements. Knowing which type you are being asked about helps you assess it properly.
Remote or hybrid work — the employee works from home or a location other than the office, either full-time or on agreed days. This is the most common request post-2020.
Compressed hours — the employee works their contracted hours across fewer days (for example, a four-day week at ten hours per day).
Flexi-time — the employee can vary their start and end times within a core-hours window.
Part-time or reduced hours — the employee requests fewer weekly hours, usually with a corresponding reduction in pay.
Job share — two employees share one full-time role. Less common in India but increasingly discussed in professional services.
Each type has different implications for EPF contributions, ESI eligibility, gratuity accrual and TDS deductions, so your payroll and finance teams should be looped in early.
Building a fair request process
Because there is no statutory form or timeline mandated for most employers, you have latitude to design a process — which is both an opportunity and a risk. A documented process protects the employee and the business.
A reasonable process typically looks like this:
1. Written request — the employee submits the request in writing, describing the proposed arrangement, the reason, and how they plan to manage their responsibilities.
2. Acknowledgement — confirm receipt within a set number of working days (seven to ten is common).
3. Meeting or discussion — speak with the employee to understand the practical details before deciding.
4. Decision in writing — approve, approve with modifications, or decline — in writing, with reasons.
5. Trial period option — for arrangements that are hard to assess upfront, a defined trial (say, three months) lets both sides evaluate before committing.
Consistency matters. If you approve a remote arrangement for one employee and decline an equivalent request from another, be ready to explain the operational difference. Inconsistency creates grievance risk and, if a pattern emerges, potential discrimination claims under the Equal Remuneration Code or applicable anti-discrimination provisions.
Legitimate grounds for declining a request
You are entitled to decline a flexible-working request on genuine business grounds. Common legitimate reasons include:
- The role requires physical presence (equipment operation, in-person client service, warehouse management)
- The arrangement would create a supervisory gap or health and safety issue
- The cost of accommodating the request is disproportionate
- The proposed hours do not cover business-critical windows
Document your reasoning. A written record of the business rationale — not just a verbal conversation — is far easier to stand behind if the decision is later challenged.
What is not a legitimate ground: general preference, discomfort with monitoring remote workers, or assumptions based on gender or family status.
Payroll and compliance considerations when you say yes
Approving a flexible arrangement is not just an HR matter. Run through this checklist before the arrangement starts:
EPF and ESI — contributions are calculated on wages as defined under the relevant Code. If hours or pay change, verify that contributions are recalculated correctly and filings are updated.
TDS and Form 16 — a change in salary mid-year affects TDS projections. Your payroll team should reproject the annual liability and adjust monthly deductions to avoid a large shortfall at year end. Form 24Q filings must reflect actual payments each quarter.
Gratuity — continuous service counts toward the five-year threshold regardless of whether the employee works part-time or remotely. Part-time arrangements may affect the wages used to calculate the gratuity amount; clarify this in the arrangement letter.
Employment contract — if the change is permanent or long-term, issue a formal amendment to the contract or a letter of variation rather than relying on email exchanges.
State-specific shop and establishment rules — some states require notification or approval when hours of work change. Check the applicable state act for your establishment.
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This article is general information only and does not constitute legal advice. Consult a qualified employment lawyer for guidance on your specific situation.
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