SOME IMPORTANT RIGHTS OF PRIVATE EMPLOYEES
1. EMPLOYMENT
AGREEMENT
During the
course of employment, being an employee of the company, you are entitled to get
a written agreement duly signed by the employer before the actual joining.
Such a written
document contains all the important terms and conditions of employment, the
rights and duties, and the obligations of both the employer and the employee.
Such a well-written agreement binds both parties legally.
Therefore,
legal actions can also be pursued in case of any disputes, as mentioned clearly
in the agreement.
2. LEAVE
Whether you are
working in the public or private sector, each and every employee is entitled to
a set of leaves.
As an employee,
you can get casual leave (for urgent matters only, like a family emergency),
paid leave (no deductions in salary, but can be availed monthly, quarterly, or
annually), sick leave (fixed number of sick leaves are allowed), and other
leaves which may include unpaid leaves for which the employer can deduct the
amount from the salary.
3. Timely
Payment of Remuneration
According to
the Payment of Wages Act, 1936, each and every employee working in a private
sector must be paid within a prescribed time limit after necessary deductions
like TDS and provident fund, etc.
There is also a
provision to file a suit before the Labour Commissioner if remuneration is not
done in a timely manner.
4.
MATERNITY BENEFITS
Maternity leave
is yet another essential right that is given to a female employee for a period
of 26 weeks and is availed during pregnancy or after delivery. Some private
companies also allow paternity leave to let the father take care of his newly
born baby.
5.
GRATUITY
As per the
Payment of Gratuity Act 1972, this is a retirement benefit that is paid to an
employee at the time of termination, retirement, resignation, or at the death
of the employee.
It is usually
paid to employees who have completed at least five years of continuous service
to the company. Lawyers should take legal action against the employer if the
employee doesn’t receive the gratuity amount.
6.
PROVIDENT FUND
7.PROTECTION FROM SEXUAL HARASSMENT ETC.
IF EMPLOYER DOES NOT PAY SALARY ON TIME:
EMPLOYER
MUST PAY INTEREST IF SALARY IS DELAYED: HC
·
The
employer must pay a reasonable interest if a payment, due to the employee, is
made late, the Bombay High Court has held.
·
It
is common in India for employers to deny salary to employees, especially at the
time of firing them.
·
They
think that employees have no options or the resources to pursue a case against
an employer.
·
India
has an entire law on payment of salary called Payment of Wages Act, though it
does not apply to all levels of employees.
Section 4
of the payment of wages Act states
–
Fixation of
wage period every person responsible for the payment of wages under Section 3
shall fix periods in respect of which such wages shall be payable. No wage
period shall exceed one month
Monthly
Salary Distribution Requirements:
·
A
person is working in an establishment with a wage not more than one thousand,
the wage to the particular person shall be paid before the expiry of the seventh
day.
·
A
person with the wage of more than one thousand shall be paid before the expiry
of the tenth day.
·
If
the employee is terminated by the employer the wages earned by him shall be
paid before the expiry of the second working day from the day his employment is
terminated.
What steps
can be taken by employee:
If your
employer is not paying your salary,
THE
EMPLOYEE MUST DO THE FOLLOWINGS:
A)
APPROACH LABOUR COMMISSIONER:
If an
employer doesn’t pay up your salary:
you must approach the labour commissioner. They will help you to reconcile this
matter and if no solution is reached labour commissioner will hand over this
matter to the court whereby a case against your employer may be pursued. The
salary and remunerations will definitely be settled for employees.
B)
INDUSTRIAL DISPUTE ACT:
·
An
employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947
recovery of money due from an employer.
·
When
the salary is due from the employer, the employee himself or any other person
authorized by him in writing on his behalf can claim recover money.
·
In
case of the employee death, the authorized person or heirs make an application
to the labor court for recovery of money due.
·
The
court will further issue a certificate on being satisfied that the salary is
due and the collector shall proceed to recover the same.
·
If
any question arises as to the amount of money due or as to the amount at which
such benefit should be computed, it would be computed according to rules under
this Act.
Labor Court Time Line:
·
Cases
have to be decided by such labour court within period not exceeding Three
Months executives & managers etc.
·
IF
YOU ARE MANAGER OR EXECUTIVE LEVEL EMPLOYEE, YOU MUST FILE THE CASE AGAINST THE
COMPANY IN THE CIVIL COURT UNDER ORDER 37 OF COURT OF CIVIL PROCEDURE. This is faster than civil courts,
called a summary suit.
COMPANY
IS NOT PAYING WITH A FRAUDULENT OR DISHONEST INTENT:
Employer
fraud punishment:
Section 447
of Companies Act, 2013 lays down punishment for fraud.
THE FRAUD EMPLOYER
SHALL BE LIABLE FOR IMPRISONMENT NOT LESS THAN 6 MONTHS WHICH MAY EXTEND TO 10
YEARS.
Fine not
less than amount involved in fraud which may extend upto three times of the
fraud amount.
Subsequent
measures can be taken under Section 447 of the Act.
THE EMPLOYEE
MUST FILE A CRIMINAL CASE AGAINST THE COMPANY UNDER INDIAN PENAL CODE.