Every Employee In India Should Know These 6 Basic Rights
India celebrates its Labour Day on May 1 every year, even though it is not considered as a holiday but many workplaces remain closed to give respect to the employees for their contributions in the workplace. Here in this article, the 6 basic rights that an employee should know have been discussed.
Right to get Leaves
Usually, a person has a right to take a variety of leaves during the course of his/her employment. The employees are given casual leave when he/ she has to take care of the urgent matters or unseen emergencies. An employee can take a casual leave even if he/she have to be present at their child’s school for the parent-teacher meeting. If an employee feels unwell then he/she can take a sick leave.
Generally, if the sick leave of an employee extends beyond two or three days then the company can ask the employee to submit a medical certificate to sanction the leave. But if an employee only takes one-day sick leave then the employer has no right to ask for a medical certificate.
Privilege or Earned Leave is provided to those employees who have preplanned to take a long leave from work. Apart from the leaves mentioned before, an employee can take unpaid or half-paid leaves which are given at the discretion of the company which includes study and bereavement leaves.
Protection from sexual harassment
It is the core responsibility of an employer to provide protection to his/her employees at the workplace. The employers or managers should take quick action against sexual harassment. Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, sexual harassment at the workplace is a punishable crime.
The employer should ensure a healthy working environment and the company’s policy should constitute impartiality during the investigation of sexual harassment. Every office or institution should have an internal complaint committee where the members should include a non-governmental member, one senior woman, and two more employees of the respective company.
Under the Maternity Benefits Act, 1961 (MBA), a female worker was given a maximum of 84 days as maternity leave and the six weeks were considered as the post-natal leave. But now after the change in the rules, one additional month has been added to the maternity leave in case of complications arising due to pregnancy, delivery, premature birth, miscarriage etc.
In the private sector, the maternity leave has been extended from 12 weeks to 26 weeks. It will be considered illegal if a woman is dismissed from her job in six weeks following the date of her delivery or miscarriage.
Gratuity is the sum of money paid to a person at the end of a period of employment. The employee has the right to ask for gratuity at the end of employment even if a person has resigned from his/her post. Another reason is retirement or termination of an employee. Gratuity will not be given in the case if the employee is already being provided with the provident fund and pension benefits.
According to the Shop and Establishments Act, an employee can only be asked to work for maximum 9 hours and 48 hours a week. The working hours can be increased to 54 hours a week only after giving a prior notice to the Inspector. In a year, the overtime hours of an employee must not exceed 150 hours.
An employee has the right to go on strikes
In a company, the employees can go on strikes without any prior notice as per industrial Disputes Act 1947, Section 22(1). If the workers are public utility employees then they have to give a prior notice to the employer six weeks before going on any strike.