In most cases, employment contracts are very specific about the process for terminationis by mutual agreement, and in particular cases where contractual agreement and in particular cases where contractual employment is set for a fixed period.

For instance, consultants with international organizations or interns at private organizations often have defined employment periods.

An employee is considered terminated at the conclusion of such a contract, unless a new contract is offered or the clauses in the initial contract are amended.

As in most countries, employees that are terminated by employers are often given one month notice or payments of one month of wages in Lieu thereof.

Employers are exposed to a number of legal and reputational risks resulting from wrongful termination or not following due process. Employers should therefore plan to constuct contracts and human resources [HR] materials to ensure that senior management, HR personnel employees are fully apprised of their rights and responsibilites.

There is no standard process to terminate an employee in India. An employee may be terminated according to the individual labour contract signed between the employee and the employer termination.

Employers should be aware, however that labour laws supersede the provisions labour contracts – any termination policy or clause outlined within a contract should be checked against the law by a professional.

Sexual Harrasement of Women at Workplace [ Prevention, Prohibition and Readdressal ] Act, 2013 protects women at the workplace from sexual harrasement. The Indian Penal Code also provides a penalty upto three years with or without fine for sexual harrasement.

For organizations with ten or more employees, there has to be an Internal Complaint Committee constituted for the aid of victims of sexual harrasement. The law mandates that a Grievance readdressal policy and mechanisims be in place in such organizations which outlines what constitutes sexual harrassement , penalties, redressal mechanism , etc. The committee should also include a senior member , two other employees as member and non- governmental member.

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.

☆ 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.