Under Indian labour law, employees are granted a range of rights to ensure fair treatment, safety, and well-being in the workplace. These rights are present in various statutes and regulations. Here are some basic rights of an employee under Indian labour law:
1. Right to Fair Wages
- Minimum Wages: The Minimum Wages Act of 1948 ensures that employees receive a minimum wage. The wage rates are determined by the government and are revised regularly.
- Payment of Wages: The Payment of Wages Act of 1936 makes it necessary that wages must be paid on time and without any unauthorised deductions.
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2. Right to Equal Remuneration
- Equal Pay for Equal Work: The Equal Remuneration Act of 1976 requires employers to pay men and women equally for the same or similar work to avoid gender-based wage discrimination. Articles 14-16 of the Indian Constitution guarantee equality before the law, prohibit discrimination, and provide for equality of opportunity in employment.
3. Right to Social Security
- Provident Fund: The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 provides for a provident fund scheme, pension scheme, and deposit-linked insurance scheme for employees.
- Gratuity: The Payment of Gratuity Act of 1972 entitles employees to gratuity payments upon retirement, resignation, or termination after completing five years of continuous service.
- Employee State Insurance: The Employees' State Insurance Act of 1948 provides health insurance, medical benefits, and other related benefits to employees earning below a certain wage limit.
4. Right to Maternity Benefits
- Maternity Leave and Benefits: The Maternity Benefit Act of 1961 grants female employees the right to maternity leave and other benefits, including paid leave for up to 26 weeks, nursing breaks, and prohibition of employment during certain periods around childbirth.
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5. Right to Safe Working Conditions
- Occupational Safety: The Factories Act of 1948 and other related legislation ensure that employers provide safe working conditions, including proper ventilation, lighting, sanitation, and safety measures to prevent workplace accidents.
- Work Hours and Rest: The Factories Act of 1948 also regulates working hours, stipulating a maximum of 48 hours per week and mandatory rest intervals.
6. Right to Employment Security
- Protection from Unjust Termination: The Industrial Disputes Act of 1947 protects employees from unjust termination and provides a mechanism for resolving industrial disputes, including layoffs, reduction, and closure.
- Notice Period and Compensation: The Act also mandates a notice period and compensation for retrenchment, ensuring that employees are provided support.
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7. Right to Redressal of Grievances
- Grievance Redressal Mechanism: The Industrial Employment (Standing Orders) Act of 1946 requires employers to establish a formal grievance redressal mechanism to address employees' complaints and disputes.
8. Right to Trade Union and Collective Bargaining
- Formation of Trade Unions: The Trade Unions Act of 1926 grants employees the right to form and join trade unions.
- Collective Bargaining: Trade unions have the right to negotiate with employers on behalf of employees regarding wages, working conditions, and other employment terms.
9. Right Against Discrimination and Harassment
- Prohibition of Discrimination: Various laws, including the Equal Remuneration Act and the Constitution of India, prohibit discrimination on the grounds of religion, race, caste, sex, place of birth, and other protected characteristics.
- Protection from Sexual Harassment: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 mandates the establishment of an Internal Complaints Committee to address sexual harassment complaints at the workplace.
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10. Right to Leave and Holidays
- Annual Leave with Wages: The Factories Act of 1948 provides for annual leave with wages based on the number of days worked in the previous year.
- Public Holidays: Employees are entitled to public holidays as the government prescribes.
11. Right to Receive Employment Contract and Standing Orders
- Employment Contract: Employees are entitled to receive a written employment contract detailing the terms and conditions of their employment.
- Standing Orders: The Industrial Employment (Standing Orders) Act of 1946 requires employers to clearly define the terms of employment, including disciplinary procedures and work conditions.
12. Right to Health and Welfare Measures
- Health and Welfare Provisions: The Factories Act of 1948 and other related legislation provide for various health and welfare measures, including clean drinking water, canteens, restrooms, first aid, and crèches for the children of working mothers.
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SAMADHAN
Apart from these legislations, the Ministry of Labour and Employment launched an e-portal SAMADHAN (Software Application for Monitoring And Disposal, Handling of Industrial Disputes) to make the lives of workmen, management, trade unions and other stakeholders smooth.
The portal covers complaints and disputes related to the following key labour laws in India:
- The Industrial Disputes Act, 1947
- The Minimum Wages Act, 1948
- The Payment of Wages Act, 1936
- The Equal Remuneration Act, 1976
- The Payment of Gratuity Act, 1972
- The Maternity Benefit Act, 1961
Workers, unions, employers, and other stakeholders can file grievances, claims, and industrial disputes related to issues like:
- Illegal termination or dismissal
- Non-payment or delay in payment of wages, overtime, allowances, gratuity, etc.
- Non-payment or less payment of minimum wages
- Gender-based discrimination in wages
- Non-receipt of maternity benefits
- Other employment-related grievances covered under the above labour laws
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The SAMADHAN portal aims to provide a single, integrated online platform for workers and employers to raise, track, and resolve such issues transparently and efficiently across all states in India.
Indian labour laws aim to protect the rights and welfare of employees, ensuring fair treatment, safety, and security in the workplace. Employers are supposed to comply with these laws, and employees have the right to seek redressal through legal mechanisms if their rights are violated.
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Written by Anushka Patel
Anushka Patel is a second-year law student at Chanakya National Law University. She is a dedicated student who is passionate about raising public awareness on legal matters
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Further Reading
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