PROFESSIONAL RIGHTS : EMPLOYEE RIGHTS

AIMS AND OUTCOMES

• Cover the topics of:
• Professional Rights
• Employee Rights and Responsibilities.

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PROFESSIONAL RIGHTS

• RIGHT TO EXPRESS ONE’S PROFESSIONAL JUDGEMENT FREELY.
• RIGHT TO REFUSE UNETHICAL AND ILLEGAL ACTIVITIES.
• RIGHT TO PROTECT THE PUBLIC FROM DANGERS THAT ARISES FROM ONE’S WORK.
• RIGHT TO PROFESSIONAL RECOGNITION OF ONE’S SERVICES.
• RIGHT TO TALK PUBLICLY ABOUT THE JOB.
• RIGHT TO ENGAGE IN THE ACTIVITIES OF PROFESSIONAL RIGHTS.

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RIGHTS OF AN EMPLOYEE

• Employees are an asset to the company and any ethical organization would like its employees to be happy and prosperous by providing them a safe and happy working environment, steady work, reasonable modifications to work time, and a healthy work-life balance.

EMPLOYEE RIGHTS

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1. APPROPRIATE WORKING HOURS AND OVERTIME
2. TIMELY AND FAIR SALARY
3. RIGHT TO LEAVE
4. REDUNDANCY
5. GRATUITY
6. MATERNITY BENEFITS
7. PREVENTION OF SEXUAL HARRASMENT

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EMPLOYMENT AGREEMENT

• Before entering a job a contract is being signed by the employee.
• The contract consist of terms and conditions regarding his job.
• The contract must include his salary , work hour , his designation, whether his workplace is safe or not, because it is the right of an employee to know all this conditions before entering a job. Once the contract is signed by the employee, employee-employer relationship starts.
• He also have the right to refuse the contract when any of the conditions doesn't satisfy his need.

APPROPRIATE WORKING HOURS AND OVERTIME

• THE FACTORIES ACT AND SHOP AND ESTABLISHMENT ACT PROVIDE AND PROTECT BOTH WORKERS AND NON WORKERS.
• UNDER THE MOST RECENT LAWS , AN ADULT WORKER CAN WORK FOR OVER 9 HOURS PER DAYS OR 48 HOURS PER WEEK AND OVERTIME SHALL BE DOUBLE THE WAGES.
• FEMALE EMPLOYEE CAN WORK FROM 6 AM TO 7PM.THEY CAN WORK UPTO 9:30 PM UPON EXPLICIT PERMISSION, PAYMENT FOR OVERTIME AND SAFE TRANSPORTATION FACILITIES.

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TIMELY AND FAIR SALARY

• ARTICLE 39(D) PROVIDE EQUAL PAY FOR EQUAL WORK.
• THE LAWS UNDER EQUAL REMUNERATION ACT , THE PAYMENT OF WAGE ACT , MANDATES TIMELY AND FAIR REMUNERATION OF AN EMPLOYEE.
• IF AN EMPLOYEE IS NOT RECEIVING FAIR SALARY OR WAGES AS PER THE EMPLOYEE AGREEMENT, HE/SHE CAN APPEAR TO THE LABOUR COMMISIONER OR FILE A CIVIL SUIT FOR ARREARS IN SALARY
• AN EMPLOYEE CANNOT BE GIVEN LESS WAGES THAN THE LEGAL MINUMUM WAGES , AS PER LAW.

RIGHT TO LEAVE

• AN EMPLOYEE HAS THE RIGHT TO GET PAID FOR PUBLIC HOLIDAY, MEDICAL LEAVES,CASUAL LEAVES, PRIVILEGE LEAVES ETC.
• FOR 240 DAYS OF WORKS , AN EMPLOYEE IS ENTITLED TO 12 DAYS OF ANNUAL LEAVES.
• AN ADULT WORKERS MAY GET ONE EARNED LEAVE FOR EVERY 20 DAYS WHILE AN YOUNG WORKER MAY GET ONE PAID LEAVE FOR EVERY 12 DAYS.
• AN EMPLOYEE CAN TAKE LEAVE FOR ANY EMERGENCY SITUATIONS.

GRATUITY

• PAYMENT OF GRATUITY ACT 1972, PROVIDE STATUTORY RIGHTS TO AN EMPLOYEE WHO HAVE DONE SERVICE FOR MORE THAN 5 YEARS.
• IT IS ONE OF THE RETIREMENT BENEFITS GIVEN TO AN EMPLOYEE.
• IT’S A MASS SUM OF PAYMENT GIVEN TO AN EMPLOYEE AS A SIGN OF GRATITUDE FOR THEIR SERVICE
• THE AMOUNT OF GRATUITY INCREASES WITH INCREMENT AND NO. OF YEARS OF SERVICE.
• GRATUITY IS NOT GIVEN TO AN EMPLOYEE WHO HAS BEEN DISMISSED FROM THE ORGANIZATION.

WAGE RULE

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• Wages rules

- Establishes minimum procedures for making wages payments

- Makes unauthorised wage deductions illegal

- Requires employer to make a ‘guaranteed payment’, even when the employer cannot find work

- Establishes specific requirements for Sunday working

- Requires the employer to provide a statement of employment

(formally known as a contract of employment)

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TERMINATION OF EMPLOYMENT

• An employer must provide fair and reasonable grounds for dismissal.

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• If you have been in employment for 12 months or more, then a claim of unfair dismissal can be made to an employment tribunal if the grounds are deemed to be unfair.

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• There are exceptions in relation to the 12 month period, for example a case of unfair dismissal on the grounds of discrimination can be brought at any time.

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REDUNDANCY

• Employees employed over two years have the right to a lump-sum 'redundancy payment' if they are dismissed because of redundancy.
• The amount of redundancy pay is related to the employee's age, length of continuous service with the employer and weekly pay up to a maximum.
• The employer must provide a written statement showing how the payment has been calculated, at or before the time it is paid.

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MATERNITY/PREGNANCY

• Pregnant employees have four key rights:
• paid time off for antenatal care
• maternity leave
• maternity pay benefits
• protection against unfair treatment or dismissal
• Employers also have certain obligations to ensure the health and safety of pregnant employees

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MATERNITY BENEFITS

• MATERNITY BENEFIT ACT 1961 , PROVIDE PRENATAL AND POSTNATAL BENEFITS FOR FEMALE EMPLOYEES.
• POST 2017 AMMENDMENT , THE DURATION OF PAID LEAVES FOR HAS BEEN INCREASED TO 26 WEEKS AND 8 WEEKS OF POSTNATAL PAID LEAVES.
• FEMALE EMPLOYEES CANNOT BE DISCHARGED ON SUCH ABSENCE.

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“A woman must be working as an employee in an establishment for a period of at least 80 days in the past 12 months to be entitled to maternity benefit under the provisions of the Maternity Benefit Act. ”

PREVENTION OF SEXUAL HARRASMENT

• SEXUAL HARRASMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION) ACT, 2013 PROTECT WOMEN AT WORKPLACE FROM SEXUAL HARRASMENT.
• INDIAN PENAL CODE PROVIDES A PENALTY OF UPTO 3YEARS YEARS WITH OR WITHOUT FINE.
• ORGANIZATION WITH 10 OR MORE EMPLOYEE, THERE HAS TO BE AN INTERNAL COMPLAINT COMMITTEE CONSTITUTED FOR THE AID OF THE VICTIMS OF SEXUAL HARRASMENT.
• THE LAW MANDATES THAT A GRIEVANCE REDRESSAL POLICY AND MECHANISM BE IN PLACE IN SUCH ORGANIZATION WHICH OUTLINE WHAT CONSTITUTES SEXUAL HARRASMENT , PENALTIES ETC

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RIGHT TO GO ON STRIKE

• The employee should be given right to go on strike without giving a notice provided the employee is working under public sector.
• The provision is aid by Industry Dispute Act ,1947.

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CONCLUSION

Therefore, employees are the most valuable assets an organization has. It’s their abilities, knowledge, and experience that can’t be replaced. So, going forward, organizations need to place emphasis and importance on the contribution that employees that they have in order to propel themselves ahead.