8 Important Rights Of Private Employees Under The Indian Labour Laws

The law protects rights to a safe workplace with the bare minimum of amenities, reasonable working hours, any promised incentive, etc. The following is a summary of an employee’s fundamental rights under Indian Labour Laws:

• Employment Contract: Nowadays, it is customary to sign an employment contract that outlines all of the terms of the job, including pay, location of work, title, hours worked, etc. The rights and responsibilities of the employer and employee are spelled out, including the non-disclosure of trade secrets and confidential information, prompt payment, provident fund, etc. The agreement also includes a procedure for efficient dispute resolution in the event of a disagreement.
• Benefit of Maternity: Prenatal and postnatal benefits are provided for a female employee of an establishment by the Maternity Benefit Act, of 1961. The length of paid leave for a pregnant female employee has been extended to 26 weeks following the 2017 amendments, which also include eight weeks of postnatal paid leave. Employees who are female are entitled to one month of paid leave in the event of a complicated pregnancy, difficult delivery, premature birth, or medical termination. Only two weeks of additional paid leave are available in the event of a tubectomy procedure. Employees who are pregnant may not be let go or fired due to their absences. Within six weeks of giving birth or experiencing a miscarriage, the employer is not allowed to hire such workers. Maternity benefits are still payable in the event of a dismissal. Men in India are not entitled to paid paternity leave. Paid paternity leave and child care leave are provided by the Central Government. However, in the private sector, the employer has this discretionary power.
• Provident Fund Staff Member:  The national organization overseeing this retirement benefits program for all salaried workers is the Provident Fund Organisation (EPFO). It is legally necessary for any organization with more than 20 employees to register with EPFO. Any employee may choose not to participate in the program as long as they do so early in their career. You cannot take the money out whenever you want. The withdrawal amount and years of service are limited by the rules. Following registration, 12% of the base pay must be contributed to the fund by the employer and the employee. The employee may be taken to the PF Appellate Tribunal for redress if the employer fails to pay his share or withholds the full 12% of his salary. Withdrawals of the amount are subject to a two-month maximum waiting period for emergencies and necessary costs. The regulations outline the years of service required for each purpose as well as the withdrawal limits.
• Gratuity: According to the Payment of Gratuity Act of 1972, employees who have worked for more than five years are entitled to gratuities by law. It is one of the employee’s retirement benefits. It is a one-time payment given as a token of appreciation for the worker’s service. The number of years of service and increment determines the amount of gratuity.
• Pay in a timely and equitable manner: Paying employees fairly and appropriately is the main goal of providing services to them. The Constitution’s Article 39(d) guarantees equal compensation for equal work. The Payment of Wages Act and the Equal Remuneration Act require that employees be paid on time and fairly. An employee may file a civil lawsuit for unpaid salary arrears or contact the Labour Commissioner if they are not being paid according to the terms of their employment contract.
• Appropriate Working Hours and Overtime: The latest laws mandate that adult workers work more than nine hours a day or forty-eight hours a week, with overtime pay equal to double standard pay. A woman can work from 6 a.m. to 7 p.m. With express permission, payment for overtime, and a secure transport option, this can be loosened to 9.30 p.m. In addition to this weekly holiday, employees are required to work no more than 12 hours a day and take a 30-minute break. Child laborers are only permitted to work 4.5 hours per day.
• Right to Leaves: An employee is entitled to paid holidays and other leaves, including paid time off for illness, privilege, and casual work. Stopping Sexual Harassment in the Workplace
• The 2013 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act: It shields women from sexual harassment in the workplace. Sexual harassment carries a maximum sentence of three years in prison, with or without a fine, according to the Indian Penal Code.

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