What Are The Rights of Employees in India?

Employees are persons who are hired or employed by another person or an organization to complete a specific job assigned to them. They may be employed for a full-time, part-time or temporary job assignment.

The one who hires is known as the employer and the ones who have been hired are called the employees. Nearly half the population in India are employees. The employees have to comply with some mentioned rules and have various duties to perform.

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With duties, they are also conferred with some rights. Let’s see some of their rights of employees below-

1)Rights to keep copies of documents you sign

Employees have the right to retain documents they have signed. It gives both the parties a sense of security, they both fully understand their obligations and agree to abide by the established terms and conditions.

2)Right to complain or protest about work- 

Every employee has a right to protest or complain about the working conditions this is provided by the Factories act, 1948. The law says that every worker has the right to protest and object against improper working conditions.

3)Right to get equal pay for equal work-

According to the Equal Pay Act 2010, every employee, whether a man or woman, has the right to get equal pay for the equal amount of work they do. There should not be any bias done while paying the employees based on their gender, caste, creed. 

4)Right against sexual harassment at work –

Sexual harassment is unwanted sexual behavior towards another person. The Vishaka guidelines set out rules to prevent sexual harassment against women in the workplace. A man or woman both have the right to be free from harassment at work. The employers are responsible to take necessary steps if any complaints of sexual harassment are reported to them.

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5)Right to workplace health and safety-

Safe and healthy working conditions are vital for an individual to work efficiently and be free from dangerous haphazard. Where employees are hired for a job that might cause lethal loss the employers must provide the employees with all safety equipment and ensure a free safe working environment.

6)Right to gratuity-

Gratuity is a benefit provided to the employees at the time of retirement, termination, or employees death. An organization is supposed to pay gratuity to its employees who have worked for a continuous prolonged period with the same organization i.e. 5 years or more. The gratuity amount depends on two basic factors like the amount of the last salary drawn and the total number of years in service. The employer has the right to reject the payment if the employee is terminated because of his misconduct. If an employer cannot provide gratuity to its employees then the employer can face the punishment of imprisonment for a term that may extend up to a maximum term of 2 years.

7) Right to have leave – 

Employees have the right to avail of leave and holidays. There are various times of leaves available to employees 

1)Sick leave-An employee is entitled to a fixed number of sick leave which they can avail when they fall ill

2)Casual Leave-An employee can take casual leave in case of an urgent matter and an emergency.

3)Paid leave-An employee is entitled to paid leave in which the employer cannot deduct the salary of the employee. In case of other leaves then these salaries can be deducted by the employer.

8) Right to maternity benefit-

The Maternity Benefit Act 1961 provides rights and benefits of maternity to women employees. It helps women to maintain a balanced family and work life. A woman can claim maternity benefit from an employer after completing a period of a minimum of 80 days of employment. Under this women are entitled to 26 weeks’ leave and to get a salary during this period even though they aren’t working.

9)Right to timely salary-

Many employees depend on their salaries to run their houses. Providing a timely salary not only encourages an employee to toil hard but also protects their rights and maintains a sense of security.

According to the Payment of Wages Act, 1963 wages are to be paid:-

1.Before the expiry of the 7th day after the last day of the wage period, where there are less than 1000 workers employed and in rest case on the 10th day

2.Payment can be made by cash, cheque in the employer’s account.

Article by Apurva Surve – Intern

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