This article on ‘Essential Corporate Employment Laws: Every Employee Must Know’ was written by Priyanka Jaipuria, an intern at Legal Upanishad.
The Constitution of India is the cornerstone of each person’s freedoms and rights as well as the essential framework around which all Indian laws, especially those that regulate work and employment, are required to be implemented. Employees are entitled to advantages including paid-time wages, equitable wages, and security. This article will help readers understand the concept of the Corporate Employment Laws in India, rights of employees and the significance of those rights in the corporate world.
Agreements for employment between employees and their employers specify the mutual responsibilities that both parties must fulfil towards one another. Every employee has a statutory right to more than simply a secure workspace; these rights also include a statutory requirement for a certain baseline wage alongside various benefits. In this study, the researcher has talked about some of the major rights that every employee working in the corporate sector must know.
WHO ARE EMPLOYEES?
Employees are those who have been engaged or hired by another individual or corporation to carry out a certain task that has been given to them. It is crucial to understand Indian employee rights since doing so helps prevent abuse. Corporations must abide by a number of work-related regulations in India in order to safeguard the rights of workers.
CORPORATE EMPLOYMENT LAWS
The Universal Declaration of Human Rights discusses the rights granted to employees in Articles 23 and 24. Everybody has the right to be employed, to have the choice of working, to fair and benevolent working surroundings, and to guard against joblessness, according to Article 23. Employees’ rights to rest and recreation, such as restrictions on hours spent at work and recurrent paid vacations, are outlined in Article 24.
Protection Under the Indian Constitution
The constitutional safeguarding of employees in India is extremely important since it guarantees their right to equitable and decent conditions of employment and equal treatment.
- Article-14: All people, including employees, are guaranteed the right to equality before the law and equitable protection from discrimination.
- Article-19: Several liberties, like the liberty of gathering, association, and expression, deemed essential for worker rights, are guaranteed.
- Article-21: Ensures one’s entitlement to life and personal liberty, which the judicial system has construed to encompass access to a dignified and secure working Space.
- Articles-23 & 24: Restrict the use of minors under the age of 14 in any dangerous industries, as well as trafficking and enslavement.
- Articles-38 & 41: Underline the need for the government to safeguard worker’s rights and foster social equity.
- Article-39: Provides several concepts, including the right to be employed, reasonable and decent working conditions, equal remuneration for equally hard work, and security against joblessness and abuse.
Guaranteed Right of Employees
In addition to the UDHR and the Constitution’s protections, India has an extensive collection of labour regulations that look out for the betterment of workers. Some of the most important rights granted to a corporate employee include the following:
- Contract of Service: A written contract outlining the conditions and requirements associated with employment is known as a contract of service. Pursuant to the employment regulations, every employee is obliged to sign a written service contract outlining their start date with the organisation. The document also includes a strategy for effective conflict resolution.
- Right to a Comfortable and Secure Work Environment: In order to function effectively and without risk of harm, a person needs to have favourable working circumstances. Employers are required to maintain an appropriate working atmosphere and offer all necessary protective supplies to their employees.
- Right to Seek Leave: Employees are entitled to paid time off and vacations. It can be monetary leave, unpaid leave, paid leave for pregnancy or paternity, or sick leave.
- Protection against Sexual Abuse at the Workplace: Sexual abuse is when someone engages in unwelcome sexual activity. The “Vishaka recommendations” outline measures to eradicate the sexual abuse of women at work. Both men and women possess access to work environments that lack abuse.
- Right to Bring Things Up: If workers believe their liberties have been infringed, they have the capacity to bring it up. Employees have the right to report harassment or discrimination to the proper officials if they believe it has occurred.
- Right to Receive Equal Wage for an Equal amount of Labour: Each employee, whether male or female, has the right to receive equal wages for the same amount of labour, pursuant to the Equal Pay Act of 2010.
- Right to Voice Their Opinion: According to the Factories Act of 1948, each employee has the right to voice their opinion or file a complaint about their conditions of employment.
- Minimal Pay: Each employee is authorised to receive a base salary that is adequate to maintain his or her way of life while simultaneously covering the requirements under the Minimum Wages Act of 1948. Below the minimum salary, it is clearly against Article-23 of the Constitution when it is paid.
- Gratuity: The Payment of Gratuity Act of 1972 defines a gratuity as an account for retirement given to an employee on retiring, dismissal, leaving, or death. Employees who have been employed for a minimum of five years straight are eligible to get it.
- Intimation of Period of Notice: Employees need to be provided notice before their contract of employment is terminated by the employer so that they can make preparations. An employee cannot be let go by their employer without receiving notice.
Employees are an essential component of every business and play a significant role in its ultimate expansion. As a result, they are granted a number of privileges to safeguard their interests from being compromised.
- Employee’s Responsibility to Comprehend the Law: Every employee must be aware of the rights and regulations made for his protection before stepping into the work field.
- Employer’s Responsibility to Ensure a Safe Working Space: Employers bear the primary duty of ensuring employee wellbeing. An employer can achieve this by making certain that no hazardous actions are taking place at the place of employment, by giving employees the appropriate training before giving them a job, and by adhering to all other necessary safety regulations.
- Responsibility on the Part of the Government: The government has a responsibility to protect employees by periodically enacting the necessary regulations and by raising awareness about the issue among employers as well as employees.
It is an undisputed reality that having a trustworthy, knowledgeable, and productive staff plays a significant role in a company’s development. One of every company’s most precious resources nowadays is considered to be its workforce. In the present day, businesses are solely responsible for giving their employees excellent working conditions. Additionally, it’s critical for employees to be conscious of their fundamental rights and comprehend what must be done to safeguard them. Knowing his guaranteed privileges as an employee allows one to take the appropriate precautions to keep him safe and make the employer liable.
The article clarified that, irrespective of the type of employment they are doing, giving employees access to fundamental rights is mostly done to guarantee that they are treated with respect and compassion. Additionally, the UDHR and Constitution recognize the importance of these protections in defending employees’ rights and promoting concerned and reasonable conditions of employment.
- “6 Basic Rights Every Employee must know”, Vakil Search, 6 June 2023, available at: https://vakilsearch.com/blog/6-basic-rights-for-every-employee/#:~:text=These%20laws%20established%20minimum%20wages,changing%20needs%20of%20the%20workforce (Last visited on July 14, 2023).
- Apurva Surve, “What are the Rights of Employees in India”, Law Trend, 7 August 2021, available at: https://lawtrend.in/what-are-the-rights-of-employees-in-india/ (Last visited on July 14, 2023).
- Chitransh Shrivastava, “Constitutional Protection of Labour Rights in India”, Taxguru, 24 April 2023, available at: https://taxguru.in/corporate-law/constitutional-protection-labour-rights-india.html#:~:text=Article%2039%20of%20the%20Constitution,protection%20against%20unemployment%20and%20exploitationn (Last visited on July 14, 2023).
- Nidhi Rani Garg, “Employee Rights and Responsibilities that you need to know about”, iPleaders Blog, 30 May 2022, available at: https://blog.ipleaders.in/employee-rights-and-responsibilities-that-you-need-to-know-about/#Important_employee_rights (Last visited on July 14, 2023).