Employees are the best assets any employer can boast of. 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. If an employer breaches your rights that you are entitled to, you may sue them for damages in a court of competent jurisdiction.
WRITTEN EMPLOYMENT AGREEMENT
Before any prospective employee begins a job, he/she must enter into an employment contract. The document is the basis to form an employee-employer relationship. The document should capture the wage, work hours, job responsibilities, location, designation, non-disclosure of company’s secret, dispute resolution procedures. 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.
MINIMUN WAGES RIGHT
In India, the constitution has a provision to protect the minimum wage proper of the workers (The Minimum Wage Act). 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 sort of work, area, hours of work, price of living, employers financial condition to pay.
SEXUAL HARASSEMENT PROTECTION RIGHT
India is one country with a high prevalence rate of sexual harassment where employers of labour used to take advantage of feminine worker by harassing them sexually. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 came into action to curb this ugly trend. Sexual harassment under this Act includes; advances or physical contact, demanding sex before offering help, showing Pornography and any sexual conduct of that matter.
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. 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.
RIGHT TO RECEIVE PAY FOR PUBLIC HOLIDAYS
India has three National memorable public holidays which are: January 26 (Republic Day), August 15 (Independence Day), 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.
RIGHT TO ANNUAL LEAVE
Every worker has the right to go on annual go away inside a monetary year. The employee is entitled to annual leave not exceeding 25 days. The 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.
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.
EQUAL PAY 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.
RIGHT TO WORK IN SAFE WORKPLACE
Staff are entitled to a protected working setting. The Factories Act has made it clear the areas by which the federal government wants to control. The areas are as follows; cleanliness of the office, air flow and temperature, waste disposal, fume and dirt, lighting, overcrowding, clear water for consuming, latrines and bathrooms. 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.
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.