Written by:Adv. Pooja Gupta

Law protects important rights of Private Employee

Introduction of the Law protects important rights of private employee: – A variety of laws govern employees in the established private sector. Including Employees Provident Fund, Equal Pay act.

  1. Equal Pay Act,
  2. Maternity Benefit Act,
  3. Payment of Gratuity Act,
  4. The Payments of Bonus Act,
  5. Miscellaneous Provisions Act,
  6. Employees’ State Insurance Act, etc.

The legislation protects the right to a safe workplace environment with basic facilities, appropriate working hours, and any specified incentives, etc. The following is a list of basic employee rights as defined by numerous statutes and regulatory requirements.

Employment Agreement

Nowadays, it is customary to sign terms and conditions of employment outlining the parameters of employment, such as remuneration, place of employment, official designation, working period, and so on. Both the employer’s and the employee’s rights and duties are explicitly stated, such as non-disclosure of personal info and business ideas, timely salary, provident fund, etc. The agreement also includes a framework for the implementation of dispute settlement in the case of a conflict.

Maternity Benefit

The Maternity Benefit Act of 1961 simply provides for prenatal (before birth; during or relating to pregnancy) and postnatal (relating to or denoting the period after childbirth) financial benefits to female employees of an organization.  After 2017 amendments, a pregnant woman’s paid leave term has been increased to 26 weeks, with an additional 8 weeks of paid leave following the birth of her child (postnatal).

In the situation of a problematic pregnancy, childbirth, premature birth, or medical termination, female employees are also entitled to 1 month of paid leave. Only 2 weeks of extra paid leave are granted in the occurrence of a tubectomy procedure.

Female employees who are pregnant cannot be dismissed or terminated as a consequence of such leave. Employers are not permitted to hire such employees within 6 weeks of their delivery or miscarriage. Even if they are fired, they are still entitled to maternity benefits.

Paternity leave is not provided for men in India. The central govt. provides child care leave and paid paternity leave. In the private sector, however, it is the employer’s discretionary right.

Provident Fund

The EPFO (Employees’ Provident Fund Organization) is the national authority in charge of overseeing this pension benefits scheme for all salaried workers. EPFO registration is required for every company with more than 20 employees.

Any employee can opt-out of the plan as long as they do so early in their career. The amount cannot be taken out at any time. The amount of money that can be withdrawn and the number of years that can be served are both limited by the rules both the employers and employees shall contribute 12 % of their basic wage to the fund after registration. If the employer fails to pay his portion or deducts the whole 12 per cent from the employee’s wages, the employee can file a complaint to the PF Appellate Tribunal.

After 2 waiting periods, the money can be taken for emergency needs and necessary expenses. The guidelines specify the time limits for withdrawal and the number of years of service necessary for a particular cause. An employee can only withdraw three times, and any cash is withdrawn before five years the amount becomes taxable.

Gratuity

An employee who has worked for more than 5 years has a statutory entitlement to gratuity under the Payment of Gratuity Act of 1972. This is one of the employee’s retirement funds to which he or she is entitled. It is a one-time payment offered as a form of gratitude for the employee’s service. The value of gratuity rises with the number of years of service and the increment.

However, if the employee is terminated for unlawful or disruptive behaviour, he or she eventually loses this right.

Timely and equitable Salary

Fair and appropriate wage is the sole aim of providing services to an employee. Art 39(d) of the Constitution guarantees equal pay/ remuneration for equal work. The Equal Remuneration Act, as well as the Payment of Wages Act, require that employees be paid on time and equitably. If an employee does not get his or her remuneration according to the employment agreement, he or she can file a lawsuit for wage arrears to the Labour Commissioner. According to the law, an employee cannot be paid less than the required minimum wage. 

Overtime & entirely appropriate Regular working Hours

Every employee/worker has the right to work in a protected environment with basic facilities and cleanliness.

Workers’ and non-rights workers are protected under the Factories Act and the Shop & Establishment Acts (at the state level).

According to the most current legislation, an adult worker must work more than 9 hrs per day or 48 h per week, and overtime pay is double the ordinary wage. A female employee is permitted to work from 6 a.m. to 7 p.m. It can be extended to 9.30 p.m. with prior approval and remuneration for extra hours and safe conveyance. Aside from this weekly holiday, employees must take a half-hour break and work no more than 12 hrs per day. Child labourers are only allowed to work for 4.5 hours every day.

Leaves’ Right

An employee shall be entitled to properly paid national holidays and various types of leave, including such casual leave, sick leave, privileged leave, and other types of leaves. Employees have the right to 12 days of leave for every 240 days they work. An adult employee shall be entitled to one paid leave every 20 days, while a young worker is entitled to 15 days. Every 20 days, an adult employee is paid one day of earned leave, whereas a young worker is eligible for 15 days. Employees may take emergency leave during their notice period if their contract of employment does not prohibit it.

Preventing Sexual Harassment at the Workplace

The Sexual Harassment of Women at Workplace (Prohibition, Prevention, and Redressal) Act of 2013 protects women from workplace sexual harassment.

Sexual harassment is penalized by up to three years in prison, with or without a fine, under the IPC.

For organizations with 10 or more workers, an internal complaint panel must be established to aid victims of sexual harassment. The legislation requires that such organisations have grievance handling policies and methods in place that explains what actually constitutes sexual assault & harassment, sanctions, and grievance redress procedures, & among other things. A senior female, two additional employees, and a non-governmental representative should all also be included in the panel.

Labour rules that affect the majority of us on a regular basis

Well, I won’t say it’s a simple task to achieve. To comprehend employee rights laws and their repercussions, you must do a lot of analysis and research. Even though there are simpler approaches to understanding, such as complete online programs covering the pertinent parts of industrial, commercial and labour law. However, none of this will be feasible without hard work and dedication.

You won’t be able to take shortcuts here. As a worker or even as a lawyer advising clients, you must put in the effort to understand your legal rights and responsibilities. The contract of employment is the holy grail for employees, but it should be signed with prudence. You must be aware of the current legislation and what you are permitted to do and what you are prohibited from doing. 

Conclusion of the Law protects important rights of private employee

Employees have the right to be respected at work, which is protected by workplace regulations and legislation. Laws have grown and modified throughout time to protect all Work Opportunities and Employee Protections, and this will continue for the foreseeable future. Years have passed, yet rules prohibiting discrimination based on gender, class, or race remain in effect at the workplace. These regulations have developed over time to encompass matters like sexual preference, age, disabilities, and maternity/medical status. Workplace diversity is increasing, and so are the regulations and policies designed to protect the workforce’s integrity.

Policies and processes will continue to evolve as firms grow, and so will the repercussions of protecting employee rights.

Read more: –

New Labour Law in India

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