INTRODUCTION
The rights of employees are protected by labour law which is also known as employment law. The Republic of India, as a federal form of government, has labour relations and employment issues on its concurrent list in the Indian Constitution, where the Central government and State governments can enact laws on these issues. Many labour laws have been enacted by the federal government and state governments to protect workers from employment discrimination and to ensure proper employer-employee relationships for industrial peace. These laws include Minimum Wages Act, 1948, Factories Act, 1948, Maternity Benefit Act, 1961, Payment of Bonus Act, 1965, Workers Compensation Act, 1923, Equal Remuneration Act, 1976, Trade Unions Act, 1926, etc. In the year 2020, Government consolidated 29 central labor laws into four codes, namely:
- Wage Code, 2019
- The Industrial Relations Code, 2020
- The Occupational Safety, Health and Working Conditions Code, 2020
- The Code on Social Security, 2020
In this article, Team YLCC brings you an analysis of the Rights Of Workers Under Labour Laws. Read on!
Employees should be aware that they are legally and constitutionally protected from certain things, and that a healthy work environment is a right. In addition, an employer should be aware that he or she is legally and constitutionally required to address these issues when hiring new employees.
The basic rights of Safe and healthy working conditions are essential for an individual to work efficiently and safely. Employers must provide all safety equipment and ensure a free and safe working environment when hiring employees for jobs that may result in fatalities. Apart from this, the following is a list of essential employee rights as defined by various laws and regulations:
- RIGHT TO MINIMUM WAGE
According to the Indian Constitution, a ‘Minimum Wage’ is a basic level of income for both skilled and unskilled workers that ensures a sustaining standard of living while also providing some measure of comfort. A minimum wage not only supports the bare minimum of employment, but it also strives for sustainable continuous improvement. Any wage less than the minimum wage constitutes a violation of Article 23 of the Constitution. Forced labour, which is prohibited under the same Article, occurs when anyone is forced to work for less than the minimum wage. (legislative.gov.in). Wage rates in scheduled occupations vary across states, sectors, skills, regions, and occupations due to a variety of factors. As a result, there is no single uniform minimum wage rate across the country, and the revision cycle varies by state.
- RIGHT TO LEAVES AND DEFINED WORKING HOURS
An employee is entitled to paid public holidays as well as other types of leaves such as casual leave, sick leave, privilege leave, and other leaves. Under the new code, a new employee must work for 180 days before being eligible for leave. Furthermore, each state has at least seven holidays dedicated to national and state-specific festivals. Employees must be granted leave on the three national holidays observed by the country: Republic Day, Independence Day, and Gandhi Jayanti. The rest of the national and festival holidays are at the discretion of the company.
The daily and weekly working hours have been set at 12 and 48 hours, respectively. If an employee works more than his or her regular working hours, the employer must reimburse him for every hour or part of an hour worked in excess. Each employee is entitled to one day of rest per week, for which the organisation will reimburse them (Kaul, 2017).
RIGHT TO RECEIVE BENEFIT OF PROVIDENT FUND AND GRATUITY
For the provision of a Provident Fund, a small portion of the employee’s salary is deducted and deposited with the government Provident Fund office, and at the time of retirement, it is paid as a lump sum to help the employee live a peaceful life despite retirement and the loss of monthly income. In this, Employees and employers both contribute equally to the Employee Provident Fund, i.e. 12 percent of their salary. The amount can be withdrawn after a two-month waiting period for urgent needs and necessary expenses. The rules specify the withdrawal limits and the required years of service for each purpose. An employee may withdraw a maximum of three times, and the amount is taxable if withdrawn before five years.
On the other hand, Gratuity is a scheme designed to encourage people to stay with the same employer for a longer period of time ((Bickey), 2022). Gratuity is available to anyone who has worked for an organisation for more than 5 years. When employee leave the organisation after years of service, a portion of his last drawn salary is multiplied by the number of years of service and paid out to him (Y.K. Singla Vs. Punjab National Bank & Ors., 2012).
RIGHT TO MATERNITY BENEFIT
Every woman who has worked for a minimum of 80 days in the twelve months preceding her expected delivery date has the right to maternity benefit payment. Such eligible female employees are entitled to 26 weeks of maternity leave, with no more than 8 weeks preceding the expected date of delivery.
These employees are entitled to one month of paid leave in the event of a complicated pregnancy, delivery, premature birth, or medical termination. Also, Only two weeks of additional paid leave are provided for tubectomy procedures. Employees who are pregnant cannot be discharged or dismissed as a result of their absence. The employer may not hire such employees within six weeks of delivery or miscarriage. Even if they are fired, they can still receive maternity benefits. (labour.gov.in, 1961)
RIGHT AGAINST SEXUAL HARASSMENT AT THE WORKPLACE
In an organisation with ten or more employees, an internal complaint committee has to be formed to manage sexual harassment complaints (VISHAKA & ORS Vs. STATE OF RAJASTHAN & ORS., 1997). This committee should consist of:
- The Presiding Officer will be a senior-level female employee.
- Only two other employees who are committed to women’s safety or have relevant legal and/or social knowledge are permitted.
- A member of a non-governmental organisation (NGO) dedicated to the cause of women, or someone knowledgeable about sexual harassment issues
Sexual Harassment offences includes Advances and physical contact, A request or demand for sexual favours, Making sexually charged comments, displaying pornography or any other unwelcome physical, verbal, or nonverbal sexual conduct. A sexual harassment incident at work violates a fundamental right of women to gender equality, as stated in Article 16(2) of the Indian Constitution.
RIGHT TO AN EMPLOYMENT CONTRACT
The agreement clearly states the employee’s designation, working hours, employer expectations, what constitutes a dispute or conflict, what may occur if a dispute arises, and the various leaves an employee is entitled to. Before accepting a job, an employee has the right to know exactly what he or she is getting into. It is critical to secure an employment agreement and ensure that it is not one-sided when starting a new job. The agreement’s purpose is to get the employer and employee on the same page and spell out the terms of employment before work begins.
CONCLUSION
Labour laws contribute to economic success by fostering a harmonious relationship between employers and their employees. This employer can collaborate with the company to achieve the desired company goals. Employees perform better in their jobs when they have good working conditions, benefits/perks, and rights. As a result, they become fervently optimistic about their prospects in organisations. Furthermore, employees’ rights must be protected to align any imbalance of power so that no employer can exploit their employees and both parties can negotiate terms and conditions on an equal footing.
YLCC would like to thank Dipti Tharwani for her valuable inputs in this article.
