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.
Employment Agreement
Maternity Benefit
Provident Fund
Gratuity
Timely and Fair
Salary
Appropriate Working
Hours and Overtime
Right to Leaves
Prevention of Sexual
Harassment at workplace
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 contract, tort, 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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