#employeerights#HRM

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Employee rights
submitted by –
Nidhi Khare

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Introduction
• Employee Rights is a term that deals with various practices that provide protection to an employee in an
organization
• Employee rights vary depending on the organization and the industry an organization operates in.
However, there are certain rights that any employee in any organization is entitled to.
• For example
• Written statement of terms and conditions of employment E.g. salary offered, leave policy, conditions for termination of
employment, etc.
• Maximum number of hours of work per week
• Annual leave
• Right to refuse to perform work which may cause physical harm
• Ensuring safety at workplace
11/09/2022

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Historical background
• The history of labour legislation in India is naturally interwoven with the history of British colonialism. The
industrial/labour legislations enacted by the British were primarily intended to protect the interests of the
British employers. Considerations of British political economy were naturally paramount in shaping some
of these early laws. The earliest Indian statute to regulate the relationship between employer and his
workmen was the Trade Dispute Act, 1929 (Act 7 of 1929). Provisions were made in this Act for
restraining the rights of strike and lock out but no machinery was provided to take care of disputes.
• It was agreed that labour would be given a fair wage and fair working conditions and in return capital would
receive the fullest co-operation of labour for uninterrupted production and higher productivity as part of the
strategy for national economic development and that all concerned would observe a truce period of three years
free from strikes and lockouts. Ultimately the Industrial Disputes Act (the Act) brought into force on 01.04.1947
repealing the Trade Disputes Act 1929 has since remained on statute book.

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Employment Agreement
1. An Employment Agreement is a written document, which lays down the terms and conditions of employment and
establishes the rights and obligations of the employer and employee. An employee is entitled to get a written
employment agreement duly signed by the employer before starting work
2. A well-written agreement drafted by a labor lawyer can prevent any unforeseen discord between the employer and
employee, as the legal course to be taken to resolve any dispute is already stipulated in the employee’s agreement

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Leaves
During the course of employment, an employee is entitled to leaves and holidays. Generally, there are 4 types of
leaves available to an employee in India:
1. Casual Leave: An employee can take a casual leave in case of an urgent matter like a family emergency or
unforeseen personal matter.
2. Paid leave: An employee is entitled to paid leaves which can be availed monthly, quarterly or annually.
The employer cannot deduct the employee’s salary for the paid leaves taken.
3. Sick leave: An employee is entitled to a fixed number of sick leaves which can be taken in case the
employee gets sick.
4. Other leaves: Unpaid Leaves can be taken by an employee for which, the employer can deduct the salary
of the employee.

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Timely Salary
An employee is entitled to receive a timely salary at the end of every 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 labor lawyer to take proper legal action against the employer for not paying a salary.
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 employee can talk to a labor lawyer to file a complaint against
the employer for wrongful termination of employment

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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 safeguards the interest of pregnant and lactating women employers in India. Maternity
leave can also be taken in case any complications arise during pregnancy, premature birth, miscarriage or medical termination of
pregnancy. Some private companies in India are also giving paternity leave to their male employers allowing them to take care of
their newborn child
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 sexual harassment with an employee has to be dealt with promptly and immediately. The employer has
to enact a company's policy prohibiting sexual harassment at the workplace and establish a redressal committee to deal with any
case of sexual harassment in the office. A woman can file a complaint against sexual harassment at the workplace under the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. An employee can also file a sexual
harassment case in the labor court by hiring an employment lawyer.

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Gratuity
Gratuity is a retirement benefit under the Payment of Gratuity Act, 1972 paid to an employee at the time of retirement, termination,
resignation or employee’s death. It is paid in recognition of service to the company, to employees who have completed at least 5
years of continuous service. If the employer does not pay the gratuity amount to the employee, employment lawyers can be
consulted to take proper legal action.
Provident Fund
Under the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952, employees have the option to keep a part 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 Employees Provident Fund Organisation (EPFO).

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Conclusion
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An employee’s legal rights have been thoroughly outlined above. Every employee
has some basic rights and responsibilities in their work. Knowing these employees’
rights can help to establish a warm and comfortable work environment. Multiple
provisions have been included in Indian employment laws to protect the interests
of employees, some of which are the right to privacy, fair compensation, paid time
off, financial benefits and other rights.

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