Questions Legal

How are employee rights protected by law?

Airtract

Aditi Chandrasekhar

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Employment law includes all rights as well as obligations that fall under the relationship of employer-employee. It includes not only current employees but also the former employees besides job applicants. Most of the legal disputes which happen in many companies are mostly related to employee rights and duties. The complexity is huge in the case of employment relationships, and employees face a variety of issues that needs the intervention of the law. 

During the tenure of their employment with any organization, be it government or private, all employees are eligible to enjoy certain rights. The employment laws of India mentioned several provisions for safeguarding employee’s interests.  There are a few important rights of employees as per law.

1. Employment Agreement: It is a written document given to every employee by the employees which state the terms and conditions of the employer and also the rights of the employee. Every employee is entitled to get this agreement from the employer.

2. Leave: The employees are entitled to get the following leaves from employer: Casual Leave, Paid leave, Sick leave, and other unpaid leaves.

3. Salary on time:  An employee has the right to get timely salary on a monthly basis. It’s the duty of the employer to pay the promised salary to the employee after deductions of TDS and provident fund.

4. Maternity Benefit: It’s the right of a  female employee to get 26 weeks of maternity leave at the time of pregnancy

5. Gratuity and provident fund: Gratuity Act, 1972 states that employee is eligible to get gratuity in case of retirement, resignation, termination, or death of employee (to family). Employees’ Provident Funds & Miscellaneous Provisions Act, 1952, empowers employees to accumulate a certain part of the salary for investment in EPF, which will be transferred by the employer. 

6. Workplace sexual harassment protection: It will be the responsibility of employer management to ensure the employees are safe at the workplace and, especially female employees, remain protected from any type of sexual harassment while working in the office premise.

The employees who are part of privatized companies are governed by various other laws. The major among them include Payments of Bonus Act, Equal Remuneration Act,    Miscellaneous Provisions Act and Employees’ State Insurance Act. Appropriate working hour is also a reasonable demand which the employees are empowered to ask from their employers.   The Factories Act offers and the Shop and Establishment Acts ensure to protect the rights of the workers. As an employee, you are expected to put or invest the required time to know about your rights as well as obligations. For more information, you can speak to a labor law officer or lawyer. To protect your rights as an employee you must know what law speaks about it.

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