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8 Important Rights of Private Labours Under the Indian Labour Laws

The  labour laws in India deals mainly with the regulation of the contract of employment under which the servant, or the employee, undertakes to work for his master, or the employer, for hire or reward. 

Under the law, which, under British rule, were imported into India from the mutual law of England, this relationship was treated mainly as a contractual relationship. The Indian Contract Act, 1872 is based generally on the law of contract as interpreted by courts of law in England.

labour law in India for private companies,  the varied body of law applied to such matters as employment, remuneration, conditions of work, trade unions, and industrial relations


In its most inclusive sense, the term contains social security and disability insurance as well. Not like the laws of contracttort, or property,  the origins of labour laws in India are somewhat less homogeneous than the rules governing a particular legal relationship.

Employment Agreement

These days the rule is to enter into an employment agreement which details out the points of employment like, compensation, place of work, designation, work hours, etc.

Maternity Benefit

The Maternity Benefit Act, 1961, offers for prenatal and postnatal benefits for a female employee in an establishment. Post-2017 amendments, the period of paid leave for a pregnant female employee has been  enhanced  to 26 weeks, including eight weeks of postnatal paid leaves.

Provident Fund

Employee Provident Fund Organisation (EPFO) is the national organisation which manages this retirement benefits scheme for all salaried employees. Any firm with more than 20 employees is legally vital to register with EPFO.

Gratuity

The Payment of Gratuity Act, 1972  provides a statutory right to an employee in service for more than five years to gratuity. It is one of the retirement benefits given to the employee. It is a lump sum payment made in a sign of gratitude in the direction of the employee for their service. The amount of gratuity increases with increment and number of years of service.

Timely and Fair Salary

The entire idea of offering service for an employee is fair and appropriate remuneration. Article 39(d) of the Constitution provides for equal wage for equal work.

Appropriate Working Hours and Overtime

All labours have a right to work in a safe workplace with basic facilities and hygiene.
The Factories Act provides and the Shop and Establishment Acts (statewise) protects the rights of the workers and non-workmen.

Right to Leaves

An employee has the right to paid public holidays and leaves such as unintentional leave, sick leave, privilege leave and other leaves. For every 240 days of work, an employee is allowed to 12 days of annual leave. An adult worker may gain one earned leave every 20 days whereas its 15 days for a young worker

Prevention of Sexual Harassment at workplace

Sexual Annoyance of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 safeguards women at the workplace from sexual harassment. The Indian Penal Code also provides a penalty of upto three years imprisonment with or without fine, for sexual harassment.

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