9 Rights for Private Employees by the Indian Labor Laws

Employees in the organized private sector are governed by various laws such as the Payments of Bonus Act, Equal Remuneration Act, Payment of Gratuity Act, Employees Provident Fund and Miscellaneous Provisions Act, Employees' State Insurance Act, and Maternity Benefit Act.

Right against discrimination

Every Indian citizen has the right to be treated fairly. According to Article 16 (2) of the Indian Constitution, no citizen may be discriminated against or be ineligible for any state employment or office solely on the basis of religion, race, caste, sex, descent, place of birth, or residence, or any combination of these factors. Adherence to the rule of equality in public employment is a core feature of the Indian Constitution, and the court cannot prevent itself from making an order that is inconsistent with articles 14 and 16 of the Indian Constitution.

Employment Agreement

Nowadays, it is customary to sign an employment agreement outlining the terms of employment such as compensation, place of employment, designation, and work hours, and so on. Both the employer's and the employee's rights and obligations are clearly stated, such as non-disclosure of confidential information and trade secrets, timely payment, provident fund, and so on. The agreement also includes a mechanism for effective dispute resolution in the event of a dispute.

Maternity Benefit

The Maternity Benefit Act of 1961 provides prenatal and postnatal benefits to female employees of businesses. The duration of paid leave for a pregnant female employee has been increased to 26 weeks following 2016 amendments, including eight weeks of postnatal, paid leave.

Female employees are entitled to one month of paid leave in the event of a complicated pregnancy, delivery, premature birth, or medical termination. Only two weeks of additional paid leave are provided for tubectomy procedures.

Provident Fund

The Employee Provident Fund Organization (EPFO) is the national organization in charge of administering this retirement benefits scheme for all salaried employees. Any company with more than 20 employees is required by law to register with EPFO.

Any employee can opt out of the scheme as long as they do so at the start of their career. The money cannot be withdrawn at any time. The rules limit the amount of the withdrawal and the number of years of service. Once registered, both the employer and the employee must contribute 12% of the employee's basic salary to the fund. If the employer fails to pay his share or deducts the full 12% from the employee's salary, he can seek redress from the PF Appellate Tribunal.

Gratuity

The payment of gratuity act 1972, provides a statutory right to an employee in service for more than five years to gratuity. Gratuity is paid as 15 days of salary for every year of service of an employee done in that organization. It is one of the retirement benefits given to the employee. It is a lump sum payment made as a gesture of gratitude towards the employee for their service. The amount of gratuity increases with increment and the number of years of service.

Fair Salary & Bonus for employees

The whole point of providing service for an employee is fair and appropriate remuneration. Article 39(d) of the Constitution provides for equal pay for equal work. The laws under The Equal Remuneration Act, The Payment of Wages Act, mandate timely and fair remuneration of an employee. If an employee is not receiving his/her remuneration as per the employment agreement, can approach the Labor Commissioner or file a civil suit for arrears in salary. An employee cannot be given wages less than the legal minimum wage, as per law.

Appropriate Working Hours and Overtime

All employees have a right to work in a safe workplace with basic amenities and hygiene.

The Factories Act provides and the Shop and Establishment Acts (state-wise) protect the rights of the workers and non-workmen.

Under the most recent laws, an adult worker shall work over 9 hours per day or 48 hours per week and overtime shall be double the regular wages. A female worker can work from 6 am to 7 pm. This can be relaxed to 9.30 pm upon explicit permission, and payment for overtime and safe transportation facility. Apart from this weekly holiday, half an hour's break and no more than 12 hours of work on any given day are mandated. The working hours for child workers are limited to 4.5 hours a day.

Right to Leaves

An employee has the right to paid public holidays and leaves such as casual leave, sick leave, privilege leave, and other leaves. For every 240 days of work, an employee is entitled to 12 days of annual leave. An adult worker may avail of one earned leave every 20 days whereas it's 15 days for a young worker. During the notice period, an employee can take leaves for emergencies, provided the employment agreement does not bar it.

Prevention of Sexual Harassment at the workplace

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressed) Act, 2013 protects women in the workplace from sexual harassment. The Indian Penal Code also provides a penalty of up to three years imprisonment with or without a fine, for sexual harassment.

According to [Section 2 n] of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressed) Act, 2013 "sexual harassment" includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:—

I. physical contact and advances; or

ii. A demand or request for sexual favors; or

iii. Making sexually colored remarks; or

iv. Showing pornography; or

V. any other unwelcome physical, verbal or non-verbal conduct of sexual nature;

For organizations with ten or more employees, there has to be an internal complaint committee constituted for the aid of the victims of sexual harassment. The law mandates that a grievance-redressed policy and mechanisms be in place in such organizations which outlines what constitutes sexual harassment, penalties, redressed mechanism, etc. The committee should also include a senior woman as a member, two other employees as members, and a non-governmental member.

Labor rights are to prevent employees from the dominance of their employers. Alex Jhon Martin