Top 10 basic Rights of an Employee in India

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For the empowerment of the employees, the government has given them many rights. But there are a large number of people who are not aware of those rights. Here we are telling about 10 such rights…

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Every employee has certain rights and duties. These basic rights are commensurate with their duty to make the workplace comfortable and employee friendly. With the help of these rights, employees are protected from discrimination on the basis of age, sex, caste, religion etc. These are to safeguard the interests of the employees. Although there are many rules related to employees, but all the rules do not apply to every employee. Well there are 10 basic rights that all employees have. Today we will learn about 10 such basic rights.

Right to leave 

Every employee is entitled to Privileged Leave (PL), Casual Leave (CL), Sick Leave (SL), Maternity Leave (ML) to women employees. His salary will not be deducted for these holidays.

Right to equal pay for equal work

Equal pay for equal work is a constitutional right. No employer can discriminate on the basis of sex, caste or age. Employees performing the same job, same responsibility also have the right to get equal pay.

Gratuity

Gratuity is entitled to only those employees who have rendered continuous service for at least five years. If the employee is relieved from the company after five years or after the completion of the retirement period, then he gets the amount of gratuity. This provides social security to the employees and no employer can confiscate the gratuity amount.

Provident fund 

It is a retirement benefit scheme available to all salaried employees. Under the law, both the employer and the employee have to contribute 12% of the basic salary as PF. The employer has to maintain the Employee Provident Fund (EPF).

Right to insurance 

Every employee has the right to be insured by the employer under the Employees’ State Insurance Act, 1948. In the event of any kind of injury or miscarriage during employment, the benefit of insurance will be given.

Maternity benefit

Every female employee is entitled to 26 weeks of maternity leave. Salary will not be deducted for this leave. The objective of the Maternity Benefit Act is to protect the interests of pregnant women employees at the workplace.

Right against sexual harassment at workplace

The Sexual Harassment of Women at Workplace (Prevention) Act, 2013 makes it mandatory for all employers to protect female employees from any form of sexual harassment at the workplace. It is mandatory for all offices, hospitals, institutions and other establishments to constitute an internal complaints committee. If a woman employee makes a complaint related to sexual harassment at the workplace, then this committee investigates it.

Fixed working hours

Under the Shops and Establishment Act, work can be done for a maximum of 9 hours a day and 48 hours in a week. There is no discrimination between managerial and non-managerial employees under this law. The working hours may be increased to 54 hours in a week by giving prior notice to the Inspector but the overtime shall not exceed 150 hours in a year.

Right to go on strike

Employees have the right to go on strike without giving any notice. If the employee is a public utility employee, then he has to follow the restrictions mentioned in the Industrial Disputes Act 1947. As per section 22(1) of this act, a public utility employee is required to give six weeks notice before going on such strike.

Written employment contract 

Generally, most of the labor laws are not applicable in private organizations. They are governed by the same terms and conditions as mentioned in the employment contract. If there is no written contract, there can be a dispute between the employer and the employee. In this case, an employment contract brings clarity between the two parties regarding their roles, responsibilities and liabilities. Therefore, every employee has been given the right to be provided with a written contract before starting work.

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