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!