Date: Sept 14, 2020
by Soumyashree Ray Chowdhury, ILS Law College, Pune (Batch 2021)
Every employee must be well aware of the fundamental rights available to them granted by the Indian Laws in their workplace. This ensures that there is a well-established symbiotic relationship in place.
Some of the rights are:
1. Employee Agreement:
This contains the terms & conditions of employment and lists out the rights and obligations of both the parties, thus providing a sense of security. It is imperative under the law for the employee to receive an agreement and the same will be enforceable as per the provisions of the Indian Contract Act, 1872.
2. Equal Pay for equal work and Minimum wages:
The Indian Constitution mandates the payment and anything below it shall be a violation of Article 23. The Centre and the States have fixed an amount to be considered as Minimum Wage as per the Minimum Wages Act, 1948 based on various factors.
As per the Equal Remuneration Act, 1976, every employer is liable to pay equal wage for equal work to men, women, and other stuff if they’re performing the tasks & responsibilities.
3. Protection against Sexual Harassment:
In the 1997 case of Vishaka & Ors vs State Of Rajasthan & Ors, the Apex court defined sexual harassment at the workplace and set out guidelines for the safety of women. Several constitutional provisions were discussed and the same was adopted in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Every organization is decreed to take pro-active steps to ensure the prevention of such incidents and also constitute an internal complaint committee to aid the victims as well.
This is a statutory right available to every Indian employee who has rendered 5 years of continuous service with the organization and this has been mandated under the Payment of Gratuity Act, 1972. This benefit is payable to employees upon death, resignation, retirement, or termination.
5) Provident Fund:
This benefit is a retirement scheme available to all salaried employees to which both the employer and the employee contribute to the fund equally as per the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. This scheme can be opted for at the beginning of each employee’s career. Hence, a cohesive environment with full awareness of basic rights and obligations go a long way in ensuring the healthy growth of the company as well as it’s employees.
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