Basic Legal Rights

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sandeep negi
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📑 Basic Legal Rights

  • 🏷️Tags : #05-06-2022, #pending #completed #permanent

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Key Takeaways

Overview

  • This series is part of [[8 hard skills for life]] and today we will be checking on the basic legal rights , I am a Indian Citizen I will be focusing on Rules and regulations in India Only.

8 Rights for Private Employees by Indian Labour Laws

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  1. Employment Agreement
    1. This agreement will have , compensation, place of work, designation, workhours etc.
    2. in case of dispute effective dispute resolution is also mentioned
  1. Maternity Leave
    1. In India men do not get any paternity leave it will totally depend on the employer

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  1. Provident fund

    1. Employee Provident Fund Organisation (EPFO) is a national organisation which manages the retirement benefits scheme for all salaried employees.
    2. Any organisation with more than 20 employees are legally required to register with EPFO.
    3. 12 % of basic salary , by both employer and employee needs to be contributed for this fund

  2. Gratuity

    1. it is paid to employee who has served continuously in same organisation for atleast 5 years
    2. paid as 15 days of salary for evert year of service of an employee
    3. Gratuity amount increase with salary increment and years of service.

  3. Fair Salary & Bonus for employees

    1. Article 39(d) of our constitution says that equal pay for equal work.
    2. Employee should receive his/her remuneration or salary as per the employment agreement this applies to both date of salary and amount to be paid.

  4. Payment of bonus

    1. Irrespective of loss or profits to an organization must pay bonus
    2. Percentage of Bonus : atleast 8.33 %

  5. Working Hours and Overtime

    1. Adult employee shall work for 9 hours per day and overtime shall be double the regular wages.
    2. A female worker can work from 6am to 7 pm and 9:30 pm, upon explicit permission and payment for overtime and safe transportation facility.

  6. Right to Leaves

    1. an Adult worker can avail one earned leave every 20 days.

  7. Prevention of Sexual Harassment at workplace

    1. Three years imprisonment with or without fine for sexual harassment.
    2. Sexual Harassment at Includes
      1. physical contact and advances ; or
      2. demand or request for sexual favors ; or
      3. making sexually coloured remarks ; or
      4. showing pornography ; or
      5. any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
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