APPROPRIATE WORKING HOURS AND OVERTIME.

All employees have a right to work in a safe place workplace with basic amenities and hygiene.

The Factories Act provides and the Shop and Establishment Acts ( statewise ) protects the rights of the workers and non-workmen.

Under the most recent laws, an adult worker shall work over 9 hours per day or 48 hours per week and overtime shall be double the regular wages. A female worker can work from 6 am to 7 pm. This can be relaxed to 9:30 pm upon expicit permission, and payment for overtime and safe transportation facility. Apart from this weekly holiday, half an hour break and no more 12 hours of work on any given day is mandated. The working hours for child workers are limited upto 4.5 hours a day.

TIMELY AND FAIR SALARY

The whole point of providing service for an employee is fair and appropriate remuneration.

Article 39(D) of the Constitution provides for equal pay for work. The laws under The Equal Remuneration Act, The Payment of Wages Act, mandates timely and fair remuneration of an employee. If an employeeis not receving His / Her remuneration as per the employment agreement, can approach the Labour Commissioner or file a civil suit for arrearsin the salary. An employee cannot be given wages less than the legal minimum wages as per the law.

PROVIDENT FUND

Employee Provident Fund Organisation (EPFO) is the national organization which manages this retirement benefits scheme for all salaried employee.Any organization with more than 20 register with EPFO.

An employee can opt out of the scheme provided they do it at the beginning of their career.The amount cannot be withdrawn at will.The rules limit the withdrawl amount and term of years in service.Once registered , both employer and employee have to contribute 12% of the basic salary to the fund.If the employer does not pay his share or deduct the entire 12% from the employee’s salary , he can be taken to PF Appellate Tribunal for redressal.

The amount can be withdrawn subject to a waiting period of maximum two months for emergent needs and necessary expenses.The rules specify the limits of withdrawl and the necessary years of service for each purpose.An employee can withdraw a maximum of 3 times , and if withdrawn before five years the amount becomes taxable.A list of withdrawl rules of EPF is available .

*GRATUITY

The payment of Gratuity Act , 1972 provides a statutory right to an employee in service for more than five years to gratuity .It is one of the retiremement benefits given to the employee.It is a lump sum payment made in a gesture of gratitude towards the employee for their service.The amount of gratuity increases with the increment and number of years of service.

IMPORTANT RIGHTS OF A PRIVATE EMPLOYEE PROTECTED BY LAW.

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.

  1. 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.
  2. 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.

ABBREVIATIONS

i) AD & MS = Adult Dating & Matrimonial Sites.

ii) AICTE = All Indian Council for Technical Education.

iii) CIF = Childline Indian Foundation

iv) CRC = Convention on the Rights of Child.

v) CrPc = Code of Criminal Procedure.

vi) CWC = Child Welfare Committee

vii) DCPU = District Child Protection Unit.

viii) FIR = First Information Report.

ix) IPC= Indian Penal Code.

x) ISLR = Indian Student Law Review.

xi) ITPA = Immortal Traffic Prevention.

xii) JJ = Juvenile Justice.

xiii) JJB = Juvenile Justice Board.

xiv) MPSNS = Multipurpose Social Networking Sites.

xv) NCRB = National Crime Record Bureau.

xvi) NSPCC = National Society for the Prevention of Cruelty of Children.

xvii) POCSO = Protection of Children from Sexual Offence.

xviii) SJPU = Special Juvenile Police Unit.

xix) TJ= Therapeutic Jurisprudence.

LABOUR LAWS -1

☆ Article 39 (D) of the constitution provides for equal pay work.

☆ Article 14-16, 19(1)(c), 23-24, 38 and 41-43 directly concern labour rights.

☆ Article 14 states everyone should be treated equally before the law.

☆ Article 15 states specifically Caste should not discriminate against citizens.

☆Article 16 extends Right to equal opportunity for employment or appointment under the state.

☆ Article 19(1)(c) gives everyone Right to form Associations or Unions.

☆ Article 23 prohibits all Trafficking and Forced Labor.

☆ Article 24 prohibits child labor under 14 years of age in a factory or mine or in any hazardous work or employment.

☆ Article 38(1) says that, ” In general the state should strive to promote the welfare of the people with a social order, in which social, economic ,justice and political should inform all the institutions of national life.

MY LABOUR LAWS

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Introduce Yourself (Example Post)

This is an example post, originally published as part of Blogging University. Enroll in one of our ten programs, and start your blog right.

You’re going to publish a post today. Don’t worry about how your blog looks. Don’t worry if you haven’t given it a name yet, or you’re feeling overwhelmed. Just click the “New Post” button, and tell us why you’re here.

Why do this?

  • Because it gives new readers context. What are you about? Why should they read your blog?
  • Because it will help you focus you own ideas about your blog and what you’d like to do with it.

The post can be short or long, a personal intro to your life or a bloggy mission statement, a manifesto for the future or a simple outline of your the types of things you hope to publish.

To help you get started, here are a few questions:

  • Why are you blogging publicly, rather than keeping a personal journal?
  • What topics do you think you’ll write about?
  • Who would you love to connect with via your blog?
  • If you blog successfully throughout the next year, what would you hope to have accomplished?

You’re not locked into any of this; one of the wonderful things about blogs is how they constantly evolve as we learn, grow, and interact with one another — but it’s good to know where and why you started, and articulating your goals may just give you a few other post ideas.

Can’t think how to get started? Just write the first thing that pops into your head. Anne Lamott, author of a book on writing we love, says that you need to give yourself permission to write a “crappy first draft”. Anne makes a great point — just start writing, and worry about editing it later.

When you’re ready to publish, give your post three to five tags that describe your blog’s focus — writing, photography, fiction, parenting, food, cars, movies, sports, whatever. These tags will help others who care about your topics find you in the Reader. Make sure one of the tags is “zerotohero,” so other new bloggers can find you, too.