Understanding your rights and obligations as an Employee is crucial to maintaining a healthy and productive work environment for everyone. It is crucial that you and your coworkers are familiar with the laws and regulations that outline these rights and responsibilities. In this piece, we’ll go over some of the fundamental employee rights and responsibilities.

Rights

Right to a Safe and Healthy Workplace

Every employee has the right to an environment free from hazards. Employers must ensure a safe working environment, and employees have the right to raise any concerns or report any violations to their superiors or the appropriate authorities.

Right to Fair Compensation

Employees should be paid fairly for the time and effort they put in. All hours worked must be compensated, and if an employee puts in more than 40 in a week, they should be paid overtime. Employers are required by law to provide benefits such as unemployment insurance, employee compensation, and Social Security payments.

Note: Employment lawyers in Chandigarh are qualified to represent either an employer or an employee in court over issues such as discrimination, wrongful termination, and wage and hour violations.

Right to a Non-Discriminatory Workplace

Every employee should be guaranteed an environment free from bias at work. Racism, sexism, homophobia, transphobia, and other forms of bigotry are all included in this category.

Right to Privacy

Employees should be allowed some personal space while on the job. They have the right to have their Workplace be free from intrusive monitoring and the right to maintain the privacy of their personal information.

Responsibilities

Responsibility to Follow Company Policies

Employees should act in accordance with established practises. There are rules in place for things like attendance, attire, performance, and behaviour. Discipline, up to and including termination, may be applied for violations of these policies.

Responsibility to Report Safety Concerns

Employees must notify their superiors of any potential threats to health or safety in the workplace. Any instances of violence or harassment in the workplace should be reported.

Responsibility to Maintain Confidentiality

It is the responsibility of each employee to safeguard company secrets. Information about customers and clients, as well as proprietary company data, must be protected at all times.

Responsibility to Work Collaboratively

Employees are expected to cooperate effectively with their superiors and peers. This includes being able to articulate ideas clearly, collaborate well, and rally behind the company’s objectives.

Responsibility to Engage in Continuous Learning

Employees should take initiative in their own professional growth and education. This involves doing things like going to seminars, actively looking for ways to improve one’s knowledge, and monitoring developments in one’s field.

Responsibility to Report Harassment or Discrimination

Employees must speak up if they experience or witness any form of discrimination or harassment on the job. This includes discrimination based on race, gender, sexual orientation, or any other category.

Note: Criminal lawyers in Chandigarh can represent defendants in criminal proceedings when the violation of employment law involves criminal activity like embezzlement or theft.

The Legal Framework Governing Employment in India

The relationship between employers and employees is governed by India’s extensive and intricate legal framework governing employment. Minimum wage, hours worked, workplace safety, and benefits are just some of the areas covered by India’s employment laws.

Here we will provide an introduction to the employment laws and regulations that apply in India, both for employers and employees.

– The Indian Constitution lays out the ground rules for the legal security of the country’s workforce. Within the bounds of its economic capacity and development, the state shall “make effective provision for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness and disability, and in other cases of undeserved want,” as stated in Article 41 of the Constitution. Many of India’s employment laws derive their authority from this constitutional provision.

– The Industrial Disputes Act, 1947 is a significant piece of Indian employment law. Disputes over wages, working conditions, and termination of employment are all covered by this statute’s provisions for their resolution. Workers’ ability to organise into unions and engage in collective bargaining with their employers is protected by this statute.

– The Minimum Wages Act, 1948, is another significant piece of legislation that governs the working environment in India. The minimum wages in different sectors of the economy are set and enforced by this law. The law mandates the creation of wage-setting panels and the payment of overtime rates to employees who put in more time on the job than is allowed.

– The Factories Act of 1948 is another key piece of legislation that regulates the working environment in India. For the sake of the health, safety, and welfare of factory workers, this law establishes minimum standards for those working conditions. The law mandates that factory owners supply their employees with potable water, sufficient lighting, air flow, and restrooms.

– The Employees’ State Insurance Act of 1948 is a form of social security law that guarantees workers access to medical care, disability payments, and maternity leave. Employers must pay into a fund that gives workers access to these benefits under the terms of this law.

Note: Civil Lawyers in Chandigarh who focus on civil litigation, such as those who handle harassment, discrimination, and retaliation claims, can represent clients in cases involving violations of employment law.

– The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, is an additional social security law that regulates employment in India. This law mandates the establishment of a provident fund, a retirement savings plan for employees. This law requires employers to contribute to a fund that provides retirement benefits to their employees.

– The Payment of Bonus Act, 1965 is another key piece of legislation that regulates the working environment in India. Workers will be eligible to receive bonuses based on their performance and productivity, as outlined in the new law. In accordance with the law, employers must provide employees with a bonus of at least 8.33% of their annual salary and no more than 20% of their annual salary.

– The Maternity Benefit Act of 1961 provides maternity benefits for female employees. Under this law, female employees are entitled to 26 weeks of paid maternity leave. The law also provides for the payment of a maternity benefit, which is based on the average daily wage of the employee.

– The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, provides for the prevention and redressal of sexual harassment of women in the workplace. The law requires employers to provide a safe working environment for their female employees and to establish internal committees to investigate complaints of sexual harassment.

– In recent years, the government has made additional efforts to address issues such as employer-employee relations and the promotion of safer workplaces and work practices for women and individuals with disabilities. The Right of Persons with Disabilities Act of 2016 and the Payment of Gratuity (Amendment) Act of 2018 are examples of additional legislation.

Wrap Up!

It’s critical for workplace harmony that you know what your rights are as an employee. The employment laws of India include protections for employees’ confidentiality, fair treatment in pay and benefits, and time off with pay, among other things. If you need any assistance, contact a lawyer at SL Legal Services who can guide you through the legal process and ensure that your rights are protected. Their knowledge and experience will be invaluable to you as you navigate any potential legal issues that may arise in the workplace. Your employment rights and the right to be treated fairly on the job can both be safeguarded by working with an experienced law firm.

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