UNDERSTANDING LEGAL ISSUES UNDER THE EMPLOYMENT LAW

Every country in the world has certain rules and regulations. These rules and regulations help these countries to run properly. India also has separate employment and labor laws. These laws help both employers and employees to practice their rights. Under the employment and labor law, certain rights are covered, including the right to a safe working place with basic amenities, right to appropriate working hours, right to any assured incentive, etc. If any employee feels they are being ill-treated, they can practice these rights. Some issues come under the employment act.

Here's a list of rights of an employee under various laws and regulations:

These days while hiring an employee, we see that a complete employment agreement is provided to the employee, including terms of employment, compensations, bonus, place of work, designation, work hours, etc.

The employer and employee's rights and obligations are mentioned, like non-disclosure of tips and trade secrets, timely payment, provident fund, etc. In case of a dispute, the agreement also contains a mechanism for effective dispute resolution. Also, the point remains that without a written employment agreement in place, the employee does not have much protection available in the case of a dispute.

Legal issues in Maternity Benefit Act, 1961  

The Maternity Benefit Act, 1961, provides for prenatal and postnatal advantages for a female employee in an institution. After the 2017 amendments, the duration of paid leave for a pregnant female employee has been increased to 26 weeks, which includes eight weeks of postnatal paid leaves. In India, men don't get any paid paternity leave.

The Central Government provided for child care leave and paid paternal leave. But within the case of the private sector, it's a discretionary right of the employer. If a female employee is facing issues regarding the leaves, they can take action against their employer.

Legal issues in Employees' Provident Fund and Miscellaneous Provisions Act 1952 

Under the Employees' Provident Fund and Miscellaneous Provisions Act 1952, Employee Provident Fund Organisation (EPFO) is the national organization that manages this retirement benefits scheme for all salaried employees. Any institution with 20 employees or more than 20 employees is legally required to register with EPFO. Employees can opt-out of the scheme, provided they are doing it at the start of their career if they wish to.

The amount cannot be withdrawn at will. The rules limit the withdrawal amount and term of years in commission. Once registered, both employer and employee need to contribute 12 percent of their basic salary after the basic salary to the fund. If the employer doesn't pay his share or deduct the whole 12 percent from the employee's salary, he is often taken to PF Appellate Tribunal for redressal.

Legal issues in Payment of Gratuity Act, 1972

The Payment of Gratuity Act, 1972 provides a statutory right to an employee in commission for five years to gratuity. It is one of the retirement benefits given to the worker. An employee should seek for their gratuity amount; if the employer fails to provide the same, they can be taken to court for the settlement. 

Article 39(d) of the Constitution provides for equal pay equal work. The whole point of offering service to an employee is fair and appropriate remuneration. The laws under The Equal Remuneration Act, The Payment of Wages Act mandate timely and fair remuneration of an employee. If an employee isn't receiving their remuneration as per the utilization agreement, they can approach the Labour Commissioner or file a lawsuit for arrears in salary.

Legal issues under the Factories Act provides and the Shop and Establishment Acts.

The Factories Act provides and the Shop, and Establishment Acts (state-wise) protects the rights of the workers and non-workmen.

Under the recent laws, an adult worker shall work for 9 hours per day or 48 hours per week, and overtime shall be provided with double the regular wages. A female worker can work from 6 am to 7 pm. This can be relaxed to 9.30 pm upon their permission and payment for overtime and safe transportation facility. Apart from this, a weekly holiday, half an hour break, etc., must be provided to the workers.

An employee has access to proper paid public holidays and leaves like casual leave, privilege leave, and other leaves. For every 240 days of labor, an employee is entitled to 12 days of annual leave. An employee can take leaves for emergencies during the notice period, provided the utilization agreement doesn't bar it.

Legal issues under Sexual Harassment of girls at Workplace (Prevention, Prohibition and Redressal) Act, 2013 

Sexual Harassment of girls at Workplace (Prevention, Prohibition and Redressal) Act, 2013 protects women at the workplace from harassment. The Indian Penal Code also provides a penalty of up to three years imprisonment with or without a fine for sexual harassment.

The law mandates that a grievance redressal policy and mechanisms be in such organizations, which outlines harassment penalties, redressal mechanisms, etc. The committee should also include a senior woman as a member, two other employees as members, and a non-governmental member.

The employer-employee relationship is one that's created with tightly woven legal constraints. When one side violates the other's rights, the dispute could turn into a legal issue. Originally, all legal issues were matters for lawyers to map out in court. However, more and more cases are being settled through alternative methods.

Mediation is an informal and cooperative problem-solving process. Neither side has got to know the law, nor must either side hire a lawyer. Usually, the mediator will help both sides work toward a resolution by identifying the problem, defining the grievances, and discussing the points on which the two parties disagree. A mediator does not function as a judge and decides the case. Rather, the mediator works more as a counselor to help the two parties work out their differences.

The dispute is submitted to a neutral third party, who hears the matter and makes a choice for each side. The greatest benefit of arbitration is eliminating many formalities and wishes for knowledge of the law and legal proceedings. It is usually less expensive than getting to court and typically will yield fast results.

The greatest benefit to arbitration and mediation is that it saves time for each side. Legal lawsuits can take months, even years, to urge a choice. With mediation or arbitration, a conclusion can typically be reached very quickly. Some courts order companies with disputes into mediation or arbitration before agreeing to hear the case in court. We can see any methods to seek a solution to the legal issues related to employment. If these don't help, we can always approach the court.