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Labour Law : General Employment Rights
What are my basic rights as an employee?
Employees have the right to:
- Receive wages on time.
- Work in a safe and healthy environment.
- Obtain written employment terms (appointment letter).
- Enjoy equal treatment, free from discrimination.
What is the maximum working hour limit per week?
As per the Factories Act, 1948, the maximum is 48 hours per week, with daily work not exceeding 9 hours.
Am I entitled to a written employment contract?
Yes, employers must provide a written appointment letter detailing terms and conditions of employment.
Wages and Salary
Can my employer withhold my salary?
Employers cannot withhold salaries without lawful reasons. If delayed for more than a stipulated period, employees can seek legal remedies under the Payment of Wages Act, 1936.
What is the minimum wage?
It varies by state and job category. Each state publishes its own minimum wage schedule.
What deductions are allowed from my salary?
Allowed deductions include:
- Provident Fund (PF)
- Income tax (TDS)
- Loans (if agreed upon)
- Fines or penalties as per labor laws
Leave and Holidays
What are my leave entitlements?
- Casual Leave (CL): For short-term absences.
- Sick Leave (SL): For health reasons.
- Earned Leave (EL): Accumulated for planned absences.
- Maternity leave: 26 weeks under the Maternity Benefit Act, 1961.
Are public holidays mandatory?
Yes, the employer must grant national and festival holidays as per state-specific laws.
Termination and Resignation
Can I be terminated without notice?
Termination requires a valid reason, and notice must be given as per the terms of your employment contract, except in cases of misconduct.
What is the notice period for resignation?
The notice period depends on the employment contract but usually ranges from 1 to 3 months.
Am I entitled to gratuity on resignation?
If you've completed 5 years of continuous service, you are eligible under the Payment of Gratuity Act, 1972.
Provident Fund and ESI
How do I check my PF balance?
You can check your PF balance through the EPFO website or the UMANG mobile app using your UAN.
What benefits does the ESI scheme provide?
The Employees’ State Insurance (ESI) scheme offers medical benefits, disability benefits, and maternity benefits for employees earning less than ₹21,000 per month.
Discrimination and Harassment
What should I do if I face workplace harassment?
Report to your company's Internal Complaints Committee (ICC) or the Labor Commissioner. The Sexual Harassment of Women at Workplace Act, 2013 provides legal protection.
What are my rights if I face discrimination?
The Equal Remuneration Act, 1976 ensures no discrimination based on gender in wages or working conditions.
Overtime and Bonus
Am I entitled to overtime pay?
Yes, employees working beyond 48 hours/week must receive overtime pay, typically at twice the regular wage.
What is the bonus eligibility?
Under the Payment of Bonus Act, 1965, employees earning less than ₹21,000/month are eligible if they've worked for at least 30 days in a year.
Legal Remedies
How can I file a complaint about labor law violations?
- Contact the Labor Commissioner or file an online complaint on the Ministry of Labour website.
- Approach a trade union or labor court if necessary.
What is the role of the Labor Court?
Labor courts resolve disputes related to employment conditions, wrongful terminations, and wage-related issues.
What documents should I maintain for labor disputes?
- Appointment letter
- Salary slips
- Work agreements
- Termination/resignation letters
- Correspondence with the employer
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