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How to claim mental health support at work under the OSH Code 2020

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Stressed at your first job? Learn how the OSH Code 2020 and Mental Healthcare Act 2017 protect your right to a mentally healthy workplace in India.

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11 min read
#workplace mental health india#OSH Code 2020 mental health#Mental Healthcare Act 2017 workplace#employee rights india#burnout legal help india#toxic workplace india laws#labour law mental health#reasonable accommodation india

Your boss isn't just 'demanding' — they might be breaking the law

You are three months into your first "dream job," but your manager pings you at 11 PM every night for "urgent" updates. Your heart sinks every time the Slack notification pops up, and you have started dreading Monday mornings by Saturday evening. You are burnt out, but you feel like you just have to "grind it out" because that is the startup culture or corporate hustle you were told to expect.

Here is the reality: mental health isn't a corporate wellness buzzword; it is a legal right. Whether you are an intern, a gig worker, or a full-time hire, Indian law has started catching up to the reality of burnout. If your workplace is actively damaging your mental well-being, you do not just have to "quiet quit" — you have the right to demand a safer environment.

What the law actually says

The legal framework for workplace mental health in India is primarily governed by two pieces of legislation: the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) and the Mental Healthcare Act, 2017 (MHCA).

1. The OSH Code 2020: The Safety Net

The OSH Code 2020 (which subsumes 13 older labour laws) is the primary statute governing your environment at work.

  • Section 6 (Duties of Employer): Every employer is legally mandated to provide a workplace that is free from hazards that cause or are likely to cause injury or occupational disease to employees. While "hazards" used to mean slippery floors, modern interpretations include psychosocial hazards that lead to clinical mental health issues.
  • Section 23 (Health and Working Conditions): This section empowers the government to set standards for the "health" of employees. Under the draft rules, this includes maintaining a working environment that does not adversely affect the mental well-being of the worker.
  • Note on Enforcement: As of 2026, while the OSH Code has been passed by Parliament, verify the specific notification status of the "Rules" in your state (e.g., via labour.delhi.gov.in or labour.maharashtra.gov.in). If the OSH Rules are not yet fully active in your state, the Factories Act, 1948 or your state's Shops and Establishments Act still provides the baseline for "health" and "safety."

2. Mental Healthcare Act, 2017: The Shield

This is your most powerful tool against discrimination.

  • Section 21 (Right to Equality and Non-Discrimination): This section explicitly states that every person with mental illness shall have a right to live with dignity and there shall be no discrimination on any basis including gender, sexual orientation, or disability. Crucially, Section 21(1)(a) mandates that mental illness must be treated the same as physical illness in terms of insurance and medical provisions.
  • Section 3: Mental illness is determined as per internationally accepted medical standards (like the ICD-10), not by your boss's opinion of whether you are "stressed" or "weak."

3. The Rights of Persons with Disabilities Act, 2016

If your mental health condition is long-term and substantial, it may be classified as a disability. Under this Act, employers are required to provide "Reasonable Accommodation" — which means adjusting your work schedule, environment, or duties to help you perform your job without worsening your condition.

Step-by-step playbook to claiming your rights

If your workplace is a pressure cooker that is affecting your clinical health, do not just resign. Follow these steps to protect your career and your mind.

  1. Start the Paper Trail (Immediate)

    Lawyers and HR departments run on evidence, not vibes. If you feel you are being targeted or overworked to the point of illness, document it.

    • What to do: Keep a private log of incidents. Note down dates of late-night pings, instances of public shaming, or being denied leave for health reasons.
    • What to bring: Save screenshots of communications that violate your "Right to Disconnect" (if your company policy has one) or show unreasonable demands.
    • Timeline: Start this the moment you feel your mental health is slipping.
    • If it fails: If you cannot get written proof, send a summary email to yourself or a trusted friend after a verbal confrontation to create a timestamped record.

  2. Get a Professional Diagnosis (Week 1-2)

    To invoke the Mental Healthcare Act (MHCA), you need a clinical basis. A "bad day" is a mood; "Generalized Anxiety Disorder" or "Clinical Depression" is a legal status.

    • What to do: Visit a registered psychiatrist or clinical psychologist.
    • What to bring: Ask for a formal medical certificate or a letter stating that you require specific changes at work (e.g., "no night shifts," "reduced screen time," or "medical leave").
    • Timeline: 1-2 therapy/psychiatry sessions.
    • If it fails: If you cannot afford a private psychiatrist, visit a District Hospital or a government facility like NIMHANS. Their certificates carry significant legal weight.

  3. Check Internal Policies & POSH (Week 2)

    Before going to the government, you must exhaust internal options.

    • What to do: Read your Employee Handbook. Look for "Mental Health Policy," "Employee Assistance Program (EAP)," or "Leave Policy."
    • Special Case: If your mental stress is caused by harassment or a hostile environment based on your gender, you should bypass standard HR and go to the Internal Committee (IC) under the POSH Act. Learn more about POSH at workplace and college.

  4. Request 'Reasonable Accommodation' (Week 3)

    This is a formal request, not a favour you are asking from your boss.

    • What to do: Send an email to HR and your manager. Use the phrase: "I am requesting a reasonable accommodation under the Mental Healthcare Act 2017 and the RPwD Act 2016."
    • What to upload: Attach your medical certificate. Suggest specific changes: "I require a fixed log-off time of 7 PM for the next 30 days," or "I need to work from home two days a week to manage my treatment."
    • Timeline: Most companies respond within 5–7 working days.
    • If it fails: If they refuse or threaten to fire you, remind them (in writing) that Section 21 of the MHCA prohibits discrimination based on mental health status.

  5. File a Grievance with the Inspector-cum-Facilitator (Month 1-2)

    If the company ignores you or retaliates, you move to the OSH Code mechanisms.

    • What to do: Under the OSH Code 2020, you can file a complaint with the Inspector-cum-Facilitator assigned to your area/industry. They have the power to inspect the workplace and penalise the employer for failing to maintain a safe and healthy environment.
    • Where to go: Visit the state labour department portal (e.g., labour.gov.in or your state's specific portal). You can also use RTI to find out who the designated inspector for your office building is. File an RTI online to get this data if it isn't public.
    • Timeline: This is a legal process and can take 2–6 months.

  6. Seek Immediate Crisis Support

    If the situation is so bad that you are having thoughts of self-harm, the legal process is too slow. Your life is more important than your notice period.

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Where it usually breaks

The law looks great on paper, but the Indian corporate machine has several ways of "glitching" when you try to use it. Here is where your plan might hit a wall and how to bypass it:

  1. The "Culture Fit" Gaslight: When you bring up burnout or mental health, a manager might say, "You’re just not a culture fit" or "This is how the industry works." This is often a precursor to forcing you out.

    • Workaround: Don't let the conversation stay verbal. Immediately follow up with an email: "As discussed, I am struggling with the current 14-hour shift requirement which is impacting my health. I am committed to my role but need to discuss the 'Reasonable Accommodations' mentioned under the RPwD Act 2016." Using legal terms makes them realize you aren't just "complaining"—you're documenting.

  2. The HR "Shield" Maneuver: HR’s primary job is to protect the company from legal liability, not necessarily to protect you. If you report a mental health hazard, they might try to put you on a Performance Improvement Plan (PIP) to create a paper trail for termination.

    • Workaround: If you are diagnosed with a mental illness, Section 21 of the Mental Healthcare Act 2017 protects you from discrimination. If they put you on PIP after you disclose a health issue, it looks like retaliation. Keep copies of your previous positive performance reviews.

  3. The "Rules Not Notified" Excuse: While the OSH Code 2020 is central law, some states are slow in notifying specific rules.

    • Workaround: If an officer says the OSH Code isn't fully active in your state, pivot to the Mental Healthcare Act 2017 (which is fully active nationwide) and the State Shops and Establishments Act. These still mandate a "safe and healthy" working environment.

  4. The Insurance Rejection: Your HR might claim the company health policy doesn't cover therapy or psychiatric hospitalisation.

    • Workaround: Refer them to the IRDAI (Insurance Regulatory and Development Authority of India) circular from 2022, which mandates that all health insurance products must cover mental illness on the same basis as physical illness.

Templates & scripts

Copy, fill in the [highlighted] bits, and send.

Script: How to talk to your manager/HR

"I’ve been tracking my hours and the current workload. Under Section 6 of the OSH Code, there’s a mandate for a hazard-free workplace. The current 11 PM pings are becoming a psychosocial hazard for me. I’d like to discuss a 'Reasonable Accommodation'—specifically, a hard stop on work communications after 8 PM—so I can maintain my health and continue delivering quality work."

Template: Email to HR for Mental Health Leave

Subject: Formal Request for Medical Leave - [Your Employee ID]

Dear [HR Name],

I am writing to formally request medical leave from [Start Date] to [End Date] as advised by my medical practitioner.

Under Section 21(1) of the Mental Healthcare Act 2017, I am entitled to non-discrimination in healthcare and treatment. I have attached a medical certificate from a registered psychiatrist confirming that I require this period for recovery.

I am also requesting that this be treated with the same confidentiality and benefit structure as any physical illness, as per the mandate of the Mental Healthcare Act and IRDAI regulations.

I look forward to your confirmation.

Regards, [Your Name]

Template: Complaint to the State Labour Commissioner

(Use this if the company ignores your requests or retaliates)

To, The Office of the Labour Commissioner, [Your City/State]

Subject: Complaint regarding violation of OSH Code 2020 and MHCA 2017 by [Company Name].

Respected Sir/Madam,

I, [Your Name], am employed at [Company Name]. I am writing to report a violation of Section 6 of the OSH Code 2020 (Employer's duty to provide a safe workplace) and Section 21 of the Mental Healthcare Act 2017.

Despite disclosing my clinical mental health condition and requesting 'Reasonable Accommodation' (as per the RPwD Act 2016), the management has [describe specific action: e.g., increased my workload/threatened termination/denied medical leave].

I request your office to intervene and ensure the employer complies with the statutory health and safety standards.

[Your Signature]

Frequently Asked Questions

1. Can my boss fire me if I tell them I have depression or anxiety?

Legally, no. Section 21 of the Mental Healthcare Act 2017 prohibits discrimination based on mental illness. If they fire you solely because of your diagnosis, it is an illegal termination. However, they might try to cite "poor performance." This is why you must document that your performance was fine until the workload became a health hazard.

2. Does "Reasonable Accommodation" mean I can work whenever I want?

No. It means "appropriate modifications" that don't cause the company "undue hardship." Examples include flexible start/end times, a quiet workspace, or breaking down large tasks into smaller ones. It’s a negotiation, not a free pass.

3. I am a gig worker/freelancer. Do these laws apply to me?

The OSH Code 2020 has specific provisions for "gig workers" and "platform workers" for the first time in Indian law. While your rights are slightly different from a full-time employee, the company still has a duty of care regarding your safety and health under the new social security frameworks.

4. Is my company's "Wellness Webinar" enough to satisfy the law?

Usually, no. A webinar is a "perk," not a "safety standard." If the actual work structure (like 16-hour days) is causing the illness, the webinar doesn't fulfill the employer's duty under Section 6 of the OSH Code to provide a hazard-free environment.

5. What if I don't want to show my medical prescription to HR?

You don't have to show your specific medication or detailed therapy notes. A simple "Medical Fitness Certificate" from a registered doctor stating that you are "undergoing treatment for a medical condition and require [X] days of rest or [Y] accommodation" is legally sufficient.

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Claim workplace mental health support: OSH Code 2020 Guide · HowToHelp