Basic Rights of an Employee in India
International Worker’s Day also commonly known as Labourer’s day is celebrated on May 1 of every year across nations to celebrate worker’s contribution towards national and economic development.
In India the first Labour Day was celebrated on 1st of May 1923 by the Labour Kisan Party of Hindustan at Chennai. Though it is not a gazetted holiday in India, many workplaces around the country are shut on this day to mark and respect the contributions made by their employees.
This International Workers Day know what are your rights as an employee. Myriad obligations have been imposed on employer by the government to empower the workforce.
HERE ARE THE 10 MOST IMPORTANT RIGHTS OF AN EMPLOYEE
AN EMPLOYEE RIGHT TO GET PAID LEAVES
Every employee has the right to be granted a Paid Leave by his employer, the provisions of paid leaves as given under the factories act are as follows
|Type of Leave||Privileged / Earned||Casual||Sick||Maternity|
|Quantum per year||1 day leave for every 20 days worked in the previous year (Eg. 300 days worked = 15 days leave)||Nil||Nil||As per ESI Act OR Maternity Benefits Act|
|Entitlement||On working 240 days in the first previous year||NA||NA||NA|
|Utilization||To apply for leave 15 days prior. Leave not to be availed more than 3 times a year||NA||NA||NA|
|Carry Forward||Not more than 30 days||NA||NA||NA|
RIGHT TO EQUAL PAY FOR EQUAL WORK
Equal pay for Equal work is a constitutional right and any employer is liable to pay equally to any men, women or temporary staff performing same tasks and undertaking same responsibilities. There can be no discrimination while paying any basis to employees.
RIGHT TO GO ON STRIKES
The employees are provided with the Right to go on a strike without giving a notice, however if the said employee is a public utility employee, then he would be bound by the prohibitions laid down in the Industrial Disputes Act 1947, Section 22(1) lays down certain conditions on Strikes by public utility employees, the conditions includes giving out prior notice to the employer six weeks before going on such strike.
Gratuity is a lump sum amount paid to employees and it is a statutory benefit given to employees who have rendered continuous service for at least five years. This is to provide social security to employees and an employer cannot forfeit the amount of gratuity.
Every employer is liable to maintain an Employee’s Provident Fund (EPF). It s a retirement benefit scheme that’s available to all salaried employees. The law mandates that both the employer and the employee has to contribute 12% of their basic salary.
RIGHT TO GET INSURANCE
Every employee will have the right to be insured by the employer under the Employee State Insurance Act 1948, in case of any kind of injury or miscarriage occurring during the course of employment.
Every female employee has the right to get 26 weeks of paid maternity. Maternity Benefit Act has been enacted to safeguard the interest of the pregnant women at workplace. Employees are also entitled to one additional month of paid leave in case of complications arising due to pregnancy, delivery, premature birth, miscarriage, medical termination or a tubectomy operation.
RIGHT AGAINST SEXUAL HARASSMENT AT WORKPLACE
The law mandates employers to protect their female employees at workplace against any incidence of sexual harassment as per the Sexual Harassment of Women at Workplace (Prevention) Act, 2013. All offices, hospitals, institutions and other establishments should set up an internal complaint committee to address all the complaints made by women reporting sexual harassment at workplace.
The Shop and Establishments Act of every state has fixed the maximum no. of working hours 9 hours a day and 48 hours a week. The Shops and Establishment act does not see any difference between managerial and nonmanagerial workers when it comes to regulations relating to working hours. The working hours may be increased up to 54 hours a week upon prior notice to the Inspector, but this increase would be subject to a condition that overtime hours should not be more than 150 in one year.
WRITTEN EMPLOYMENT AGREEMENT
Typically in a private organization, most of the the labour laws are not applicable on employees. They are majorly governed by the terms and conditions of the employment agreement. In such an event, if there is no written employment agreement it may lead to unnecessary disagreements between the employer and the employee. Therefore, an employment agreement gives both the parties a sense of clarity over their roles, responsibilities, and obligations. Your employer must give you a written agreement before you commence your work. In case, your employer denies, you can rightfully ask for it.