There are several labour law rules made for the employees working in the Private sector under the labour act in india, here mentioned are the main 4 rules that everyone must know.
Below mentioned are the main rights that are provided to each and everyone working in the private sector under the labour laws in India.
1.Employment Agreement
The rules to enter into an employment agreement which details out the terms of employment like, compensation, place of work, designation, work hours, etc. The rights for both the employer and aspirant (future employee) are written out clearly like non-disclosure of confidential information and trade secrets, timely payment, provident fund etc. In case of disagreement of the agreement, the agreement also contains a mechanism for effective dispute resolution.
2.Maternity Benefit
The Maternity Benefit Act, 1961,(according to labour rules in india) provides for prenatal and postnatal benefits for a female employee in an establishment. Post-2017 amendments say that the duration of paid leave for a pregnant female employee has been increased to 26 weeks, including eight weeks of postnatal paid leaves.
In case of a complex pregnancy, delivery, premature birth, medical termination, female employees are entitled to one month paid leave. In the case of tubectomy procedure, an additional two weeks of additional paid leave is provided for.
Pregnant female employees cannot be dismissed on account of such absence. Such employees are not to be called back to work by the employer within six weeks of delivery or miscarriage. If dismissed, they can still claim maternity benefits.
In India, men don't get any paid paternity leave. The Central Government does provide child care leave and paid paternal leave. But in the case of private sector, it's the right of the employer to decide.
3.Provident Fund
Employee Provident Fund Organisation is the National Organisation which manages this retirement benefits scheme for all salaried employees. Any organisation with more than 20 employees is required to register with EPFO on a legal ground.
An employee can opt-out of the scheme if they do it at the beginning of their career. The amount cannot be withdrawn at will. The rules limit the withdrawal amount and term of years in service of the organization. Once registered, both the employer and the employee have to contribute 12% of the basic salary into the fund. If the employer doesn't pay his share or deduct the entire 12% from the employee’s salary, he can be taken to PF Appellate Tribunal for redressal.
The amount can be withdrawn with subject to a waiting period of maximum two months for emergent needs and necessary expenses. The rules specify limits of withdrawal and the necessary duration of service for each purpose. An employee can withdraw a max. of 3 times, and if withdrawn before 5 years the amount is taxable.
4.Gratuity
The Payment of Gratuity Act, 1972 (for labour law compliance in india) provides a statutory right to an employee in service for more than five years to gratuity. It is one of the retired life benefits given to the employee. It is a huge sum of payment made in a gesture of gratitude towards the employee for their service. The amount of gratuity increases with increment and number of years of service.
However, If the employee is dismissed for proven lawless or disorderly conduct, forfeits this right upon dismissal.
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