Although, there are terms of employment defining the specific terms, the employees in the organized private sector are governed by various laws such as Payments of Bonus Act, Equal Remuneration Act, Payment of Gratutity Act, Employees Provident Fund and Miscellaneous Provisions Act, Employees State Insurance Act, Maternity Benefit Act,etc.
The right to safe working place with better amenities, right to appropriate working hours, right to any assured incentive etc are protected under law. Here’s a list of essential rights of an employee under the various laws and regulations.
- EMPLOYMENT AGREEMENT= These days the norm is to enter into an employment agreement, which details out the terms of employment like compensation, place of work, designation, work hours etc. The rights and obligations of both the employer and employee are listed out clearly like Non-Disclosure of Confidential Information and Trade Secrets, Timely payment, Provident Fund etc. In case of a dispute the agreement also contains a mechanism for effective dispute resolution.
- MATERNITY BENEFIT= The Maternity Benefit Act,1961, provides for Prenatal and Postnatal Benefits for a female employee in an establishment. Post 2017 ammendments, the duration of paid leave for a pregnant female employee has been increased to 26 weeks, including 8 weeks of postnatal paid leaves. In case of a complicated pregnancy, delivery, premature birth, medical termination, female employees are entitled to one-month paid-leave. In case of Tubectomy procedure, only two weeks of additional paid leave is provided for. Pregnant female employees cannot be discharged or dismissed on account of such abscene. Such employees are not to be employed by the employer within six weeks of delivery or miscarriage. If dismissed they can still claim their Maternity Benefits. In India, men do not get any paid paternity leave the Central Government provides for child care leave and paid paternal leave. But in case of private sector, it is a discretionary right of the employer.
LABOUR LAW 