Legal Guide

What are the rights as an employee in India?

by Bhavya Choudhary · 4 min read

rights as employee

All workers are entitled to some essential obligations and rights as an employee throughout their employment. These fundamental rights as an employee are proportionate to an employer’s obligation to provide the most pleasant and employee-friendly environment feasibly. 

These rights as an employee protect the employee against age, gender, racial, and religion-based discrimination, secure their interests, and provide them the right to privacy and fair compensation. In this blog, we will discuss the various rights as an employee in India.

Rights as an Employee

The employment laws of India include a number of rules to protect the interests of workers, some of which do not apply to all employees in all industries. For instance, there are no particular rules governing the rights and responsibilities of private-sector workers. However, the following ten rights as an employee are available to all workers in India:  

Work Agreement

An employment contract is a contract that sets the terms and circumstances of employment, as well as the rights as an employee and responsibilities of the employer and employee. Before beginning work, an employee is entitled to have a formal employment contract legally signed by the employer. 

A well-written employment agreement created by a labor attorney may avoid any unanticipated strife between the employer and employee since the legal procedure for resolving any issue is already outlined in the employee’s agreement. 

Leave

During the course of their job, rights as an employee also include leaves and vacations. In India, there are four kinds of leaves accessible to employees:

  • Casual Leave: An employee may take a casual leave in the event of an unexpected family emergency or other personal issues.
  • Paid Leave: It is the right of an employee to get paid leaves that may be taken monthly, quarterly, or yearly. The employer is not permitted to withhold the employee’s pay for paid leave time. 
  • Sick leave: Right as an employee also includes a certain number of sick days that may be used in the event of illness.  
  • Other leaves:  An employee may take unpaid leaves for which the company may withhold compensation from the employee’s pay.

In general, an employee is obliged to present a medical certificate if their sickness absence is longer than two days. This relies on the HR Policies of the firm.

Timely paycheck

Rights as an employee include a timely paycheck at the conclusion of each month. An employer must pay an employee’s wage after making the necessary deductions such as TDS and provident fund contributions. An employee might take legal consultation from a labor attorney to pursue legal action against a non-paying employer.

Maternity Benefit

Rights as an employee also include 26 weeks of maternity/pregnancy leave for female workers, which may be used during pregnancy or after birth. The Maternity Benefit Act protects the rights of pregnant and nursing women in India. Maternity leave is also available in the event of pregnancy difficulties, early delivery, miscarriage, or medical termination of pregnancy. Some private firms in India provide paternity leave to their male employees so that they may care for their newborn kids.

Gratuity

According to the Payment of Gratuity Act, gratuity is a retirement benefit provided to an employee upon retirement, termination, resignation, or death. It is his right as an employee and it is awarded to workers who have completed at least five years of continuous service in acknowledgment of their dedication to the organization. Employment attorneys might be engaged if the employer fails to pay the gratuity amount to the employee in order to initiate the appropriate legal action. 

PF

Another right as an employee includes the PF contribution. According to the Employees’ Provident Funds Act, employees have the option to invest a portion of their pay in EPF, which is sent directly from the employer to the PF accounts. Employer and employee contributions are administered by the Employees Provident Fund Organization (EPFO).  

Notice Period

If an employer chooses to terminate an employee’s employment, the employee must be given enough notice to prepare for the termination because it is his right as an employee. An employer is prohibited from terminating an employee without warning. 

The employee may consult with a labor attorney to make a claim against the employer for wrongful termination of employment if he or she has been terminated without a valid cause and without prior notice. 

Protection from Sexual Harassment

Rights as an employee include that all workers, particularly women, are protected from any kind of harassment. Any incidence of sexual harassment involving an employee must be addressed quickly. 

The employer must implement a policy against sexual harassment in the workplace and create a redressal committee to handle any sexual harassment cases in the workplace. 

The Sexual Harassment of Women at Workplace Act, allows a woman to make a complaint against sexual harassment in the workplace. A worker may also pursue a sexual harassment claim in labor court and take legal consultation by retaining an employment attorney. 

Rights to retain copies of signed papers

Employees are permitted to keep copies of signed papers. It provides both parties with a feeling of security, as they fully comprehend their commitments and agree to comply with the stipulations.

Right to criticize or protest about employment

The right as an employee also includes the right to demonstrate or lodge a complaint about working conditions. According to the legislation, every employee has the right to demonstrate and object to unsafe working circumstances.

Conclusion

The employment laws of India include a number of rules to protect the interest of employees. These fundamental rights as an employee are proportionate to an employer’s obligation to provide the most pleasant and employee-friendly environment. 

In addition to these, rights as an employee also include the right to a safe workplace with minimum facilities, suitable working hours, fulfillment of any promised reward, etc.

Every worker is entitled to certain rights which cannot be denied by the employer. In case of any issues with the employer, consult the top labor law lawyer.

Bhavya Choudhary

Written by

Bhavya Choudhary

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