Legal Rights of Employees

“Employees are the soul of the association” legal entities all organization in the entire we do cannot survive even for a second without their employees so it is must and also the core duty of these organization to protect the employee legal rights. Whereas in India various statue formulated by our legislative authority including worker legal rights and administration of labour law, all though laws have been made on the paper but these laws are mauled by a predator who will exploit the labour by creating or finding flaws in these laws. The employer has a duty to make These are following rights which should be given to all the employers;

1. The employer has a duty to make the workplace comfortable and employee-friendly. It promotes no discrimination on the basis of sex, age, colour, religion, or race. It protects employee privacy, liberty and their interest towards work 

2. Employee Agreement: it should be fair and legal according to their work. The all emoluments of expense which mention in the agreement should be payable by the employer.

3. Leave: During the course of employment, an employee is entitled to leaves and holidays. Generally, there are 4 sorts of leaves available to an employee in India: 

Casual Leave: An employee can take an off-the-cuff leave just in case of an urgent matter sort of a family emergency or unforeseen personal matter. 

Paid leave: An employee is entitled to paid leaves which may be availed monthly, quarterly or annually. The employer cannot deduct the employee’s salary for the paid leaves taken. 

Sick leave: An employee is entitled to a hard and fast number of sick leaves which may be taken just in case the worker gets sick 

Other leaves: Unpaid Leaves are often taken by an employee that, the employer can deduct the salary of the worker.

4.Timey Salary: An employee is entitled to receive a timely salary at the top of each month. An employer has the duty to pay the salary amount to an employee after making the requisite deductions like TDS, provident fund, etc. An employee can hire a labour lawyer to require proper action against the employer for not paying a salary. 

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5.Safety & Labour hygiene- In order to preserve the workforce and financial resource of the country, observance, of the instructions formulated by the High Council of Technical Safety and the Ministry of Health and Medical Education shall be binding for all workshops, employers, workers and trainees. 

6. Maternity Benefit: A female employee is entitled to maternity/pregnancy leave for 26 weeks which can be availed during pregnancy and/or after the delivery. The Maternity Benefit Act, 2017 in Indian kanoon safeguards the interest of pregnant and lactating women employers in India. Maternity leave also can be taken just in case any complications arise during pregnancy, premature birth, miscarriage or medical termination of pregnancy. Some private companies in India also are giving paternity leave to their male employers allowing them to wish care of their newborn child. 

7. Apprenticeship and employment: To provide creative and continuous employment to job seekers as well as to upgrade the worker’s technical knowledge, the Ministry of Labour and Social Affairs shall be obligated to provide the essential training facilities. Basic training centres for imparting training to unskilled workers and job seekers. The Ministry of Labour and Social Affairs shall be obligated to set up employment service centres through tout the country. These service centres in the course of exploring the avenues for the creation of jobs and planning employment opportunities shall be required to register and introduce the jobless to the training centres and or refer them to the production, industrial, agricultural and services centres

8. Provident Fund: Under the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952, employees have the choice to stay a neighbourhood of their salary invested in EPF, which is transferred directly by the employer in the PF accounts. The contribution by employer and employee are maintained by the workers Provident Fund Organisation (EPFO).

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9. Notice Period: In case the employer wishes to terminate the employment of an employee, then a notice has to be served to the employee to prepare them for such termination. An employer cannot terminate an employee without giving a notice period. In case, the employer has fired an employee for no substantial reason and no notice, the worker can ask a labour lawyer to file a complaint against the employer for wrongful termination of employment. 

10. Protection against Sexual Harassment: The employer has an obligation to ensure that all employers, women employees, in particular, are protected from any kind of harassment. Any incident of harassment with an employee has got to be addressed promptly and immediately. The employer has got to enact a company's policy prohibiting harassment at the workplace and establish a redressal committee to affect any case of harassment within the office. A woman can file a complaint against harassment at the workplace. 

11. Welfare service to workers: The government shall be under the obligation to provide health and medical services for the workers and farmers, subject of this law and also for their families. The government shall be obligated to forge necessary cooperation by utilizing the bank facilities and resources of the Ministry of Housing and Town planning municipalities and other organizations concerned. In the recent news, I heard that Up government had dysfunction all the statues of labour laws except some section of minimum wages act decide thal all the provision shall be terminated for the period of 3 years. My concern is that the government in the pandemic terminates the right of healthy work environment and safety condition of employees which may contribute to bigger harm to labour by neglecting their health and safety. 

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