All employees in India are entitled to certain rights during the course of employment in any company. The Indian law has certain provisions to protect the interests of employees and it ensures that everyone can work without any discrimination based on age, gender, race, color or religion. In this blog, we will discuss certain rights which are applicable to all employees in India.
Whenever you join any new job, you are entitled to get a duly signed written employment agreement from your employer. The employment agreement contains the terms and conditions and the rights and obligations of both the employer and the employee. The employment agreement gives a sense of security and protection to both the parties. This agreement also helps prevent disputes between employers and employees as all terms and conditions are clearly mentioned in it. The agreement will contain the terms and conditions regarding the following:
Every employee has the right to take leave during the course of employment. If you are working in India, there are 4 types of leaves available. They are:
Casual leave is provided to employees for the purpose of meeting unforeseen situations like a family emergency.
The employee is entitled to take a certain number of sick leaves when he/she is not feeling well. In case the sick leave exceeds 2 or 3 days, he must provide a medical certificate depending on the company policy. But, the employer cannot ask for a medical certificate, for a single day of sick leave.
Each employee is entitled to avail a certain number of paid leaves monthly, quarterly or annually. In case of paid leave, the employer is not allowed to deduct salary.
Other than the above-mentioned leaves, the employee can also avail leaves on which salary can be deducted.
As per rules, every employee is entitled to receive the salary on time. In case the employer does not pay the salary, the employee has all the right to take legal action against them.
In case the employer wants to handover a pink slip to the employee, he has to be allowed to serve the notice period.
The employer has no right to terminate the employee without giving a notice period.
It is the responsibility of the employer to ensure that all the employees, especially female employees are protected from sexual harassment. Cases of sexual harassment must be dealt with promptly, without any discrimination. A woman who has faced any kind of Sexual Harassment at the workplace, can file a case under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
A female employee in India is entitled to avail paid maternity leave. Earlier, paid maternity leave was for 12 weeks, but has now been raised to 26 weeks. You can also avail this leave for premature birth or miscarriage. Some private companies also provide paternity leave to male employees, to take care of the newborn.
Gratuity is the retirement benefit paid by the employer to the employee, under the Payment of Gratuity Act, 1972. Gratuity is usually paid when the employee leaves the job. This amount is paid only to those employees who have completed 5 years of service in the company. Unlike EPF, employees don't have to contribute to the gratuity from their salary. Legal action can be taken against an employer who doesn't pay gratuity to the employee who is eligible to receive it.
Employee’s Provident Fund is a retirement benefit scheme, which is available to all salaried employees. Any company which has more than 20 employees, is required to register with the EPFO. Under the EPF scheme, an employee has to contribute 12% of his basic salary each month towards his EPF account. An equal amount will be contributed by his employer.
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