Employment Law Services | Protect Your Workplace Rights Today@endsection Employee Rights, Labor Law, Workplace Harassment Cases@endsection Expert Legal Services | Online Lawyer Consultation & Legal Advice - leadindia.law

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What is Employment Law?

Employment law is also termed as labor law, which depicts the relationship between employee and employers which maintains the workplace environment. In India it is governed by the Industrial Dispute Act 1947, Factories Act 1948, Payment of Wages Act 1936, Minimum Wages Act 1948, and Trade Union Act 1926. These statues aims to safeguard the rights of workers, promote fair remuneration, prevent discrimination, provide equal opportunities and maintain industrial peace. But, the most prevailing issues related to employment law can be:

Employment disputes:

When conflicts or disputes arises between employer and employee or group of employees related to workplace, is termed as employment disputes. The dispute may arise due to Illegal termination, discrimination and retaliation. In these situations an employee should talk to lawyer who will assist him in taking legal action by sending legal notice or filing a civil suit in court of law if necessary.

Workplace harassment:

Harassment is an inappropriate behavior due to which a person feels discomfort, embarrassing or mentally distressed. When such type of behavior is performed by an employer in workplace with the employee, is termed as workplace harassment. When an employee faces such type of harassment, then the aggrieved person can file a complaint to the Internal Complaint Committee (ICC).

Unpaid Wages:

When an employer fails to provide the earned wages of an employee on a specified period of time, leads to financial loss of an employee which violates the labor laws. In this situation, an employee can take legal action against unpaid wages by consulting an expert lawyer who will assist to send a legal notice to the employer and if he did not respond then filing a complaint with the labor commissioner can be the best course of action.

Contract issue:

Employment contracts are formal agreements which are signed by an employee at time of joining a company. It contains all the terms and conditions related to duties, compensation and duration of employment. When there is breach of such contract by an employer, then it may lead to contract issue. In such situation employee must talk to lawyer to protect his rights. The lawyer will assist you to file a complaint in labor court or tribunal.

Labour union:

The labour has a legal right to form a union or organization to protect their rights and over matters like, better wages, workplace conditions, and secure benefits. This union are made to organize a strike and apply pressure on employer to fulfil their demands. It offers legal protection to an employee.

    Health and safety regulations:

    The workplace provided to the employees must be safe and healthy to prevent any unforeseen incident. The Factories Act ensures safety, hygiene and welfare of employees. In case, if an incident occurs due to negligence of an organization then the employee will be entitled to get compensation and care.

    Employee benefits:

    Employee benefits are important aspect of labour law which is made to ensure that employee has access to health insurance, financial security and paid time off. Female employees have right to get 26 weeks of paid leave under Maternity Benefit Act, 1961. Other benefits can be related to profit and bonus sharing. These benefits are mandatory for overall wellbeing of an employee.

    Apart from these laws several others aspects of employment law includes workplace flexibility and privacy, labour welfare fund, child labour and whistle- blower protection. Each factor requires a thorough analysis and an expert legal assistance to navigate the complexities of issues related to employment law. Lead India Law ensures best course of action and provide a lawyer who will resolve the matter in efficient and effective way.

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Frequently Asked Questions (FAQs)

Q. Which law governs employment law in India?

Ans. The employment law is governed by various laws like, Industrial Dispute Act 1947, Factories Act 1948, Payment of Wages Act 1936, Minimum Wages Act 1948, and Trade Union Act 1926.

Q. Where the complaint can be filed against workplace harassment?

Ans. The person facing workplace harassment can file a complaint with the Internal Complaint Committee (ICC).

Q. What is the process of resolving employment dispute?

Ans. The employment dispute can be resolved in an amicable way, if there is no response then consider sending a legal notice, filing a complaint with the labour court. If still dispute remain unresolved then file a civil suit in court of law.

Q. What legal action can be taken if employer did not pay wages?

Ans. The employer will be held liable under Minimum Wages Act, if he fails to provide minimum wages set by the government. In such situation employee can file a complaint with the labour commissioner and can claim compensation.

Q. What rights are provided to female employees under employment law?

Ans. Female employees have right to get 26 weeks of paid maternity leave under Maternity Benefit Act, 196. She will also be entitled to various benefits like health insurance, paid time off and job security.

Q. How does trade union works?

Ans. The formation of union is legal right of labour and it operates through elected representative who motivate employers to participate in strikes and organise protest. Basically, it protects workers right.

Q. What is minimum legal age for child labour?

Ans. The minimum legal age for employment is 14 years. These children are prohibited to work in any kind of occupation.

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