Employee Rights You Must Know – From Agreement to Minimum Wages

Employees are the best assets any employer can boast of. A company without a quality crop of employees is sitting on a keg of gunpowder. A renowned human resources expert as soon as described employees as the pillar of any business.

When employees are motivated by their employers, they put in their best to get the job done. The Indian constitution has additionally guaranteed some rights to the employees which this article will deal extensively on. Therefore, if you are an employee working within the shores of India, this article is for you.

Having the knowledge of these rights will allow you to press home your demand from your employer. As well as, as soon as an employer breaches your proper, you may sue such an employer for damages in a court of competent jurisdiction.

Without further ado, let’s now talk about the various rights that an Indian employee is entitled to.

• WRITTEN EMPLOYMENT AGREEMENT

An employment agreement is a document detailing an employee’s contract with an employer. Before any prospective employee begins a job, he/she must enter into an employment contract with an employer. The document is the basis to form an employee-employer relationship. In addition, the document should capture the following:

1. Wages
2. Work hours
3. Job responsibilities
4. Job Location
5. Job Designation
6. Non-disclosure of the company’s secret
7. How to resolve disputes

The contract of employment is binding on both employer and employee. The employee can sue the employer for a violation of the employment contract and vice versa.

• MINIMUM WAGES RIGHT

Each nation around the world has an amount the lowest employee should earn. That amount is called a minimum wage. In India, the constitution has a provision to protect the minimum wage proper of the workers (The Minimum Wage Act). The Act clearly fixes the amount to be paid to employees in particular employment. The minimum wage is not just any quantity, but an amount that may cater for medicals, training, in addition to rents.

The Minimum wage will not be uniform all through India, though the Central and state governments have the precise to repair an quantity that it deems match to her staff whether expert or unskilled base on the components under:

1. Sort of work
2. Area
3. Hours of work
4. The price of living
5. Employer’s financial capacity to pay

The minimum amount payable across all sectors of the economy is usually notified by the Center in her Gazette. In the event that an employer pays an amount lower than the minimal wage, the worker reserves the precise to file a civil suit a court of competent jurisdiction for the breach of the Minimum Wage Act.

• SEXUAL HARASSMENT PROTECTION RIGHT

India is one country with a high prevalence rate of sexual harassment. Before the employees were assured this proper, employers of labour used to take advantage of a hapless feminine worker by harassing them sexually. The government by the Supreme Court gave a landmark choice which birthed the Sexual Harassment Of Ladies In the Workplace Act, 2013 in order to curb this ugly trend. At this time, any employer that harasses a female employee is accountable to a three-year jail term without the option of fine.

Sexual harassment under the Act includes any of the following:

1. Advances or physical contact
2. Demanding sex before offering help.
3. Showing Pornography
4. Any sexual conduct

The reason why women do not like reporting sexual harassments is that they fear they might lose their job, particularly when the offender is the employer or even a senior colleague. However, it shouldn’t stop women from speaking up.

• RIGHT TO OVERTIME AND WORK HOURS

The Factory Act has clearly spelt out the number of hours an adult (above 18 years) should work in a day, which is 9 hours. Conversely, a teen (between 14 and 18) and girls should not work extra 4.5 hours every day. Within the occasion that an Employer requests an employee to work greater than the stipulated 9 hours, the employee is entitled to time beyond regulation pay. Often, overtime funds are twice the normal pay.

As well as, staff are entitled to not less than one hour of lunch during work hours, plus a holiday within the week.

• RIGHT TO RECEIVE PAY FOR PUBLIC HOLIDAYS

India has three National memorable public holidays which are:

1. January 26 (Republic Day)
2. August 15 (Independence Day)
3. October 2 (Gandhi Jayanti)

During public days, employers are expected to give their employees a leave from work, regardless of the institution. Nevertheless, within the occasion that an Employer desires an employee to work on a public holiday, the employee is entitled to a public holiday allowance. As well as, every state of the country has a regional holiday. Employees are also entitled to public vacation allowance in the event that they work in the course of the regional holidays.

• RIGHT TO ANNUAL LEAVE AND PAYMENT

Every worker has the right to go on annual go away inside a monetary yr. For an adult employee, he/she is entitled to not less than 15 days’ trip with full cost. The number of days will not be the identical as a young employee. Younger staff are entitled to at least 20 days of the trip with pay.

Employees can determine to hold leave over to the following financial year. But it shouldn’t exceed 30 days leave. Else, the employer may not approve the carry over the go away. Please notice that staff on annual go away might be paid their full wage and a per cent of their basic wage, which would be determined by the employers.

• PARENTAL AND PREGNANCY LEAVE

India recognizes the need to provide pregnant women benefit some weeks in preparation for childbirth and after delivery in line with the Maternity Benefit Act. This right is enjoyed by all female employees regardless of the establishment. In fact, recently, the government increases maternity leave from 12 weeks to 26 weeks. The 26 weeks includes 8 weeks of prenatal leave. All-female employees on maternity leave are entitled to full payment.

In addition, surrogate mothers, adoptive mothers, as well as commissioning mothers even have the precise to maternity leave. Although, the variety of days varies based on the provision of the Maternity Benefits Act

Additionally, the Central government also made provision for paid paternal leave and child care leave. However, this particular is unusual for government employees. Private-sector employers are not obliged to grant this right to their employees.

• EQUALITY IN PAYMENT RIGHT

Article 39 (d) clearly canvasses for equality of payment for each female and male staff. Employers are by this regulation required to pay the identical wages for the job done by either a male or female worker. Additionally, the Equal Remuneration Act, 1976 additional helps the idea of equality in wage scale for each female and male staff.

• PROBATION RIGHT

An employee whether or not in the private or public sector can be placed on probation earlier than his/her appointment is confirmed. Often, the duration of probation is 6 months. After 6 months, the employer has the right to add three additional months. However, probation should not exceed 2 years.

An employer reserves the unique right to terminate the contract of an employee if his/her performance is not satisfactory. However, the employer must notify the employee by way of writing earlier than the contract is terminated. The worker might demand to know why his/her contract has been terminated.

• EMPLOYERS REFUSED TO PAY

Within the occasion that an Employer of labour intentionally refuses to pay the wages of his/her staff, the workers reserve the precise underneath the Cost of Wages Act to sue the employer for a breach of the Act. The workers can as effective method the Labour Commissioner for an amicable decision to the issue.

• RIGHT TO WORK IN A SAFE WORKPLACE

Staff are entitled to a protected working setting. It’s the prerogative of the federal government to make sure that all workplaces or website are protected. The Factories Act has made it clear the areas by which the federal government wants to control. The areas are as follows:

1. Cleanliness of the office
2. Air flow and temperature
3. Waste disposal
4. Fume and dirt
5. Lighting
6. Overcrowding
7. Spittoons
8. Clear water for consuming
9. Latrines and bathrooms

The employers have an obligation of coaching and supervising their workers to make sure compliance with the Factories Act. As well as, employers are anticipated to make out there private protecting gear reminiscent of Boot, Helmet, Google, hand gloves for the security of their staff.

As well as, staff have the precise to sue an Employer underneath the Staff Compensation Act, within the occasion that the worker sustains Accidents because of the employer’s negligence.

Read Also: Pharma data breaches should stop once data protection law comes into force

• RIGHT TO GRATUITY

A gratuity is among the rights of an worker. It’s a lump sum paid to an worker after leaving the employment. The quantity to be paid depends upon the variety of years the worker has labored within the institution. Employers are anticipated to fulfil this obligation because it said within the Cost of Gratuity Act, 1972. Beneath the Cost of Gratuity Act, 1972, an worker is entitled to a gratuity after serving the institution for a interval of 5 years. Gratuity cost will not be exempted from tax.

Cost of Gratuity Act, 1972 clearly states the circumstances for an worker to obtain a gratuity as follows:

1. Retirement
2. Superannuation
3. Resignation
4. Incapacity because of illness or accident
5. Dying (gratuity might be paid to the workers’ subsequent of kin

Nevertheless, if an worker is dismissed from an employment on the grounds of theft, Act of violence, disorderly conduct, lawlessness, and homicide and many others. The worker would forfeit the gratuity to the institution.

• EMPLOYEE’S PROVIDENT FUND

This can be a scheme established by the Indian authorities to supply staff on wage with sure advantages. The regulator of the scheme is the Staff Provident Fund Organisation of India. Each staff and the federal government contribute to the Fund on a month-to-month foundation at 12%. Staff can withdraw 50% of the contribution offered he/she has served the institution for an interval of seven years. The withdrawal is just 3 times all through the period of employment.

Staff can avail the scheme for the next advantages:

1. Medical care
2. Retirement
3. Kids training
4. Household obligations
5. Housing
6. Insurance coverage police finance