When anyone first gets a job, the person becomes upper excited and happy. They will do whatever to retain the job and will work hard. But, sometimes, the situation might not go as wanted, especially if it is to do with the private companies. There are sometimes, when you might want to leave but cannot do so because you have to serve a notice period of a month. So, working in an environment here you have already lost all your hope is tough and not easily made available. But, there are some laws, granted by the Indian labour laws only to the private employees. To know more about that, consulting labour law consultant for help is the first option.
1. The first goes with employment agreement:
Before joining a job, you have to work on employment agreement. This agreement will talk about compensation, work hours, designation, working ace and more. The obligations of employee and employer will be listed out clearly such as provident fund, trade secrets and more. During any sort of dispute, the agreement will work as mechanism for resolution. However, without a properly signed employment agreement, employee will not have much protection during disputes.
2. The right of provident fund:
EPFO is a national organization, managing the retirement benefits for salaried employees. Any organization with over 20 employees must have their names registered for EPFO. Any employee if he/she wants can opt out of this scheme but only before beginning the career. You cannot withdraw amount when needed. The rules will limit the withdrawal amount and even servicing terms. When registered, the employee and employer have to place 12% of basic salary to fund.
3. Rules granted under maternity benefit:
According to The Maternity Benefit Act, 1961, female employee is entitled to post-natal and pre-natal benefits. After the amendments in 2017, the maternity leave duration has been increased by 26 weeks. According to labour law consultants in India, for complicated pregnancy, like medical termination, premature birth and so, female employees can get one month of paid leave. For tubectomy, two weeks of added paid leave will be provided.
4. Fair salary on time:
The entire point of providing service is apt and fair remuneration. Article 39(d) provides equal pay for equal pressure. The law further mandates fair and timely remuneration of very employee, working under an organization. If the employee fails to receive his or her salary on time, the person can approach Labour Commissioner or can file any civil suit for arrears. Any employee cannot receive less wages than the legal minimum salary, according to law.
5. Rights associated with gratuity:
The labour law firms in India will be talking about the Payment of Gratuity Act, 1972. This legal regulation provides statutory rights to employees in service for over 5 years in gratuity. It is associated with retirement benefits as provided to employee. The amount is a lump sum one, and made as a gratitude gesture. This amount is subject to increase with number of servicing years and increment added.
6. Proper working hours and right with extra payment during overtime:
Every employee has right to work in safe environment with basic hygiene and amenities. According to the Shop and Establishment Acts and the Factories Act, the rights of the non-workmen and the workers will remain protected. Under recent legal norms, adult worker will work for over 9 hours each day or 48 hours in a week. If working overtime that will double regular wages. The female worker will work from 6am to 7pm, which can be relaxed to 9:30pm under difficult circumstances. They must receive overtime with safe transportation as part of their job.
7. Rights to prevent sexual harassment at working areas:
The 2013 Act, Sexual Harassment of Women at Workplace, talks about sexual harassment that women face in workplace. According to the TPC, the penalty, if caught will be of 3 years of imprisonment with or even without fine and it falls under the employment law, For firms with 10 or more employees, there should be internal complaint committee constituting for aid of victims of such harassment cases.
These are the basic 7 rights that the Indian Labour Law has for the private firm employees specifically. So, before joining a firm, make sure to understand the legalities of working straight.
Amy Jones is the lead legal expert at Ahlawat & Associates-One of the best law firms in India. She is a passionate writer and loves to help people in intellectual property law matter. You can follow her on Twitter, Linkedin.