Skip to main content

Rights of Every Private Employee Under the Indian Labour Laws

1. Timely and Fair Salary

The sole reason of providing service for an employee is fair and appropriate remuneration. The Constitution in the section of labour laws in India provides for "equal pay for equal work". The laws created under The Equal Remuneration Act, The Payment of Wages Act, mandates timely and fair remuneration of an employee. If an employee is not receiving their remuneration as per the employment agreement, can approach the Labour Commissioner or file a civil suit for arrears in salary. A worker cannot be given wages less than the legal minimum wages, as per law.
Side Note: The labour laws in India for it companies do apply for the several of MNCs’.

2. Appropriate Working Hours and Overtime

All the workers have a right to work in a safe workplace with basic amenities and hygiene.
Under the labour rules in India, the Factories Act provides and the Shop and Establishment Acts (statewide) protects the rights of the workers and non-workmen.
Under the most recent amend, an adult worker shall work over 9 hours per day or 48 hours per week and overtime shall be double the regular wages. A female employee can work from 6 am to 7 pm. This can be extended to 9.30 pm upon explicit permission, and payment for overtime and safe transportation facility. Apart from these weekly holidays, half an hour break and no more than 12 hours of work on any given day is mandated. The working hours for minor are limited to 4.5 hours a day.

3. Right to Leaves

According to the labour law rules an employee has the right to paid public holidays and leaves such as casual leave, sick leave, privilege leave and other leaves. For working 240 days, an employee is entitled to 12 days of annual leave. An adult worker can avail one earned leave every 20 days whereas its 15 days for a young worker. During notice period of an employee can take leaves for emergencies, provided the employment agreement does not bar it.

4. Prevention of Sexual Harassment at workplace

According to labour act india Gender-based Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 protects women at the workplace from sexual harassment. The Indian Penal Code specifies a  penalty of up to three years imprisonment with or without fine, for sexual harassment.
For organizations with ten or more employees, there has to be an internal complaint committee constituted for the aid of the victims of sexual harassment. The committee must include a senior woman as a member, two other employees as members and a non-governmental member.
My attempt here is, simply to expose the jargons used with an employee who does not fully understand and agree to it anyway. The HR or the company may not educate you about all this. It is not their job, but yours to learn about your rights.
This is by no means an overwhelming list of rights and obligation of an employee under the laws and regulations. There are so many rules governing different aspects of labour and employment-related laws!

Comments

Popular posts from this blog

RULE, ACT AND RIGHTS OF LABOUR LAW IN INDIA

Labour and Employment Laws of India The labour enactments in India is split into 5 broad categories, viz. Working Conditions, Industrial Relations, Wage, Welfare and Social Securities. The enactments are all based upon the Constitution of India and therefore the resolutions taken in ILO conventions from time to time. Indian labour law refers to laws regulating employment. There over fifty national laws and lots of more state-level laws. Traditionally Indian Governments at the federal and state level have sought to make sure a high degree of protection for workers through enforcement of labour laws.   While conforming to the essentials of the laws of contracts, a contract of employment must adhere also to the provisions of applicable labour laws and therefore the rules contained under the Standing Orders of the establishment. Labor Act in India Only about 8% of workers actually get the advantages available under various labor act India . The remainder 92% adds the...

6 Key Labour Legislation for Indian Small Businesses

Whether you are preparing to hire your first employee or expand your company with new workers, you may want to devote some time reviewing labour laws act in India until you take the plunge. Unions and countries have heaps of laws made to safeguard employees, and familiarity with the ones that affect your company helps safeguard your bottom line.  These are some of the most frequent labour laws you should know. 1. Anti-Discrimination Laws Based on sex whether you're recruiting or have already hired a employee. As an example, if you're considering promoting among your workers, you can't legally avoid choosing a female worker just because of gender. Also, the constitution bans discrimination based on race, religion, caste, and place of birth. If your workers believe you're being discriminatory, they have the right to file a complaint with the labour act rules . 2. Maternity Leave If You've Got female employees who have worked 80 Constant days duri...

Indian Labour Laws And Its Impact On IT-ITES Industry

The regime of labour law in India is centered around employment and other related issues to labour and labour standards in India. The application of the law relates to any kind of dispute that arises out of employment between either the employer of the employee or employee and employee. The subject matter of the dispute is irrelevant unless it relates to matters of employment i.e., benefits scheme, working hours, wage revisions, termination, other standards, etc. However, within this general legal framework of the labour laws, the Information Technology and relates ventures have been exempted by virtue of the Indian IT industries were exempted from the Industrial Employment Standing Orders Act, 1946. However, it was only recently that the government decided to extend the purview of the labour laws in India for private companies to the extent so as to cover within its ambit, enterprises and ventures based on the Information Technology Act. Its regulation by the labour law regime ...