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An employee should be aware that he/ she is legally and constitutionally safeguarded against certain things and they reserve a right to work in a healthy & safe work environment.
Below is the list of the five most important rights that you should know if you are working as an employee in India:
1. Employment Agreement: A well-written agreement drafted by a labour 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. Every employee is entitled to receive an employment agreement when they join a company. Without a written employment agreement in place, the employee does not have much protections afforded to him in case of a dispute. Securing an employment agreement and making sure it is not one-sided, is of paramount importance when beginning to work somewhere.
2. Leave: During the course of employment, an employee is entitled to leaves and holidays. An employee has the right to paid public holidays and leaves such as casual leave, sick leave, privilege leave and other leaves. During notice period an employee can take leaves for emergencies, provided the employment agreement does not bar it. The leave policy for each company has to be framed according to the State legislation and rules.
3. 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 labour lawyer to take proper legal action against the employer for not paying a salary.
4. 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. In case, the employer has fired an employee for no substantial reason and no notice, the employee can talk to a labour lawyer to file a complaint against the employer for wrongful termination of employment.
5. Protection against Sexual Harassment: This protection is guaranteed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. The employer has an obligation to ensure that all employees, 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. An employee can also file a sexual harassment case in the labour court by hiring a lawyer.
Conclusion: Having a good employment policy in place is always preferable for employer and employee as it safeguards the interest of both the parties. As an employee always review the applicable employment policies to your employment and then proceed with the execution of an employment contract whereas it is highly recommended for employers to get suitable employment policies in place.
Article By: Ms Bhavya Sharma, a Practising Company Secretary from Delhi. In case you need any assistance for the drafting of employment policies, rules and rights applicable to your organisation or rights related to employment you can contact us at legal@bhavyasharmaandassociates.com or for more details you can visit: www.bhavyasharmaandassociates.com
Disclaimer: Although due care and diligence have been taken in the preparation and uploading this Article, Bhavya Sharma & Associate shall not be responsible for any loss or damage, resulting from any action taken on the basis of the contents of this Article. Anyone wishing to act on the basis of the material contained herein should do so after cross-checking with the circulars, notifications, applicable acts, press release issued by the concerned department or seek appropriate counsel for their situation.
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