There are several laws in India which are specifically enacted to protect the interest of the employees. A developed and dedicated workforce is a pre-requisite for any organisation to grow. Here a few rights of employees starting from “ right to take leave” to “receiving gratuity benefits” that every employee must know-
An employer is required to provide a written employment before you commence work. An employment agreement is a legal document which stipulates the terms and conditions of the agreement. It states the rights and duties of the employee and the employer. It gives both parties security and protection. When you sign an agreement it provides a sense of security to both the parties. An employment agreement also prevents potential disputes between the employer and the employee. You can seek professional assistance before you sign or accept the employment agreement. Some of the important clauses of the written agreement are-
In most cases, during the tenure of employment, an employee is given the following types of leaves-
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It is the prime concern of the employer to ensure that his/her employees are protected while at work. Aggrieved women can seek remedy under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013. The company’s policy must clearly state what constitutes sexual harassment and stipulate the online grievance mechanism. As per the law, in the case of ten or more employees, the organisation should have an internal complaint committee. The committee should include a senior woman as a member and two other employees as a member.
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Gratuity is the statutory right of an employee which is given to those who have completed five years of continuous service with the organisation. It cannot be denied on the ground that the employer is providing for provident fund and pension benefits. The employee gets this benefit of gratuity on completion of employment which could be either on death, retirement or termination. It is a defined retirement benefit plan which is calculated on the basis of last drawn salary. It is an important form of social security and it is considered as the gratitude of the employer. The amount of gratuity increases with the amount of liability and tenure of employment.
India observes three public holidays Republic Day (26 January), Independence Day (15 August) and Gandhi Jayanti (2 October). It is compulsory to grant leave to all employees on all three days irrespective of the establishment.
Our constitution mandates equal pay for equal work for both men and women under Article 39(d). Equal pay also includes all the other benefits and allowances. The Equal Remuneration Act, 1976 obligates the employer to pay equally for equal work.
Usually, the probation period for employees is 6 months. The employer can extend it maximum for three months. The probation period cannot exceed for more than two years.
As per the Employee State Insurance Act 1948, in case of any kind of mishappening during the course of employment.
Every female employee has the right to get 26 weeks of paid maternity and creche facility. Maternity benefit has been specifically enacted to safeguard the interest of the pregnant women at the workplace. The prenatal leave can also be availed for eight weeks. The law also provides leave for 12 weeks on adoption of a child less than three months old.
Non-compliance with any of these obligations entails penalty and even prosecution in some cases.