Monday, 1 May 2017

Labor... Law... Know More


On the occasion International Labour Day, we would like to discuss few privileges, which are essential to be known to you, if you are serving as an employee to any company. In case of any personal situation you can stand for your own case and make the required decision.
Some of the commonly applicable rules are as follows:
  1. Employment contract – A written employment although is not mandated in all roles and across India, it is always recommended to have one. This contract would help to outline the role and responsibilities of the employee. It helps to understand better the scope of work and avoid any disputes in future. All the necessary conditions – regarding work scope, job pay can be rightfully put on the paper. Also, the employee can use the same as a source of information regarding all the perquisites, allowances or even retirement benefits. The professional service of ”letter of Appointment” is drafted in similar lines of the above mentioned written contract. 
  2. Leave – Every employee is entitled to a work holiday. It can be rightfully classified as sick leave (average 14 days annually), national holidays, casual leave (average 7-8 days annually) or even Privilege leave. If the employee cannot attend office due to medical conditions, a medical certificate if provided, it is to be granted as paid as per the company policy. Beyond this, there is need to have a weekly off or even some commonly celebrated festivals.
  3. Protection from Work Place Sexual Harassment – it is necessary to set up a framework for protection of employees especially female employees. The employees should be made aware of the process to file complaints in case of objectionable behaviour by any colleague, senior or any subordinate. In case of any complaint received, a transparent inquiry should be made with making the punishment public to discourage any future incidents. The women can take legal guidance under Sexual Harassment Of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.
  4. Maternity Benefit- the employer is to provide the required pregnancy holiday benefit to all its female employees. Earlier the leave was limited to 12 weeks including the post pregnancy break. This has now been extended to 26 weeks in private sector. If there are complications including miscarriage or pregnancy termination, a one month paid leave is mandated by the law. Also, the employer cannot terminate services of any female staff stating her pregnancy condition. Also, they are supposed to support any kind of breaks for medical checkups or for feeding needs of babies post delivery.
  5. Retirement Benefits – there are many benefits which an employer needs to provide to his employees including Employee Provident Fund (EPF), gratuity and bonus. Every employee who works in a firm which has more than 9 employees on its muster roll and earns less than Rs 15000 per month, then he is eligible for EPF. Also, for gratuity if he has served continuous five years in a company, where the employee strength is more than 9 employees working, then he is eligible for gratuity.
The rules are not all on its own; it has some conditions, which we might have not covered in detail or completely. Hence, we would suggest that you make your decision in light of your current situation and only after consulting the required Human Resource Official at your workplace. Saarth+i wants to congratulate all the employees/ labour around the globe that bravely face all the difficulties and continues to grow in their work.

Thanks and Regards
Team


No comments:

Post a Comment