Rights for Private Employees by the Indian Labour Laws

So what are the main rights of a private employee under the Indian labour law?

Although there is state of employment defining the specific terms, the employees in the organized private sector are governed by various laws such as Payments of Bonus Act, Equal Remuneration Act, Payment of Gratuity Act, Employees Provident Fund & Miscellaneous Provisions Act, Employees’ State Insurance Act, Maternity Benefit Act, etc.

The right to safe working place with basic amenities, right to appropriate working time, right to any assured incentive, etc. are protected under the law.
Here’s a list of essential rights of an employee under the various laws & regulations:

Right against discrimination at the workplace

It is the right of every working citizen of India to be in-discriminated. According to article 16 (2) of the Indian Constitution, no working citizen can be discriminated against, or be ineligible for any employment or office under the state, on the grounds only of religion, race, caste, sex, descent, place of birth or residence or any of the citizen. Adherence to the labour law rules of fairness in public employment is a being feature of the Indian Constitution and the labour rules in india, the court cannot disable itself from making an order inconsistent with articles 14 & 16 of the Indian Constitution.

In the United States, Title II of the Civil Rights act, 1964 prohibits discrimination of working people on certain grounds. In this regard, employers implement equal employment opportunity policies and prohibit discrimination based on race of a person, colour, sex, religious creed, nationality, age, ancestry, marital status, disability, medical condition, historical characteristics ( of those of a family member), political affiliation.

The equality act, 2010 of the United Kingdom prohibits discrimination and mandates equal treatment in matters of employment as well as private & public services irrespective of race, age, sex, religion or disability.

Scheduled castes and Tribes ( Prevention of atrocities) act, 1989 is constituted as a social justice-oriented law, which is enacted to prevent atrocities & another form of derogatory behavior towards a member of the scheduled caste & scheduled Tribes. According to this law, no person should be used towards either written or spoken or by signs or by visible representation or otherwise which promotes or attempts to promote a feeling of enmity hatred or ill will against scheduled caste & scheduled tribe members.

According to the recent supreme court judgment in 377 of Indian Penal Code 1860, LGBTQ ( lesbian, gay, bisexual and transgender queer) shall not be shown discrimination or derogate them in any manner.

Employment Agreement

These days the norm is to go into an employment agreement that features out the terms of employment like, compensation, place of work, designation, work hours, etc. The rights & obligations of both employer and employee are listed out clearly like non-disclosure of confidential information and trade secrets, timely payment, provident fund, etc. In case of a dispute, the agreement also contains a mechanism for effectual dispute resolution.

I remember when a client came to me with his first employment agreement after 30 years of service! He wanted me to have a look & tell him whether or not to agree to those terms. In a cursory glance, it was evident how one-sided the whole agreement was. From retrospective deductions & punishment to an ineffective dispute resolution mechanism, it was dreadful! The owner had made scheduled himself as the binding authority in case of a dispute. After my advice, the client went & renegotiated and got his old terms of service renewed.

But the point remains that without a written employment agreement in place, the employee does not have many protections afforded to him in case of a dispute.

Maternity Benefit

The Maternity Benefit Act, 1961, provides for prenatal & postnatal benefits for a female employee in an establishment. Post-2016 amendments, 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 a tubectomy procedure, only two weeks of additional paid leave is provided.

Pregnant female employees cannot be discharged or dismissed on account of such leave. Employees are not to be employed by the employer within six weeks of delivery or miscarriage. If dismissed, they can still claim maternity benefits.

In India, men do not get any paid paternity leave. The Central Government provides for child care leave & paid paternal leave. But in the case of the private sector, it is a discretionary right of the employer.

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