Top 8 workers’ rights in India

Last updated on September 26th, 2023 at 06:45 am

India – There are certain fundamental rights that every employee is entitled to during the course of employment, irrespective of the sector of work. These rights are in accordance to the duties of employer to make the workplace a comfortable and safe place for all workers. The employment laws in India lay down several measures to safeguard the workers, however specific laws governing the obligations for same are lacking. Despite of that, these top 8 rights are the most important workers’ rights applicable in India. 

1)Employment agreement

It is a written document that includes terms and conditions of the employment and also established rights, obligations and duties of both employer and employee. A well drafted employment agreement by a labor lawyer provides a safe ground for workers for any legality later.

2) Leave

Every worker is eligible to certain leaves and holidays during the employment period. In India, there are four kinds of leaves that are offered – casual leave, paid leave, sick leave and other leave (for which salary can be deducted from the employer). The number and policies around leaves are clarified by the HR department of the company.

3) Timely salary

A timely salary at the end of each month is a basic worker right in India, which is to be dutifully extended by employer after making the requisite deductions like TDS, provident fund.

4) Maternity benefits

A female employee in India is entitled to maternity/pregnancy leave for 26 weeks. This can be availed by the employee during pregnancy and/or after the delivery. The Maternity Benefit Act, 2017 of India safeguards the interests of pregnant and lactating women employers in the country.

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5) Gratuity

Gratuity is a retirement benefit under the Payment of Gratuity Act, 1972 paid to an employee “at the time of retirement, termination, resignation or employee’s death”. It is paid in “recognition of service to the company, to employees who have completed at least 5 years of continuous service”. 

6) Provident Fund

Under the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952, “employees have the option to keep a part of their salary invested in EPF, which is transferred directly by the employer in the PF accounts”.

7) Protection against sexual harassment at workplace

This is an obligation of all employers in India to ensure a safe working environment to all employees, female as well as male. Furthermore, any complaint of sexual harassment or any other form of abuse/ harassment must be attended to promptly. 

8) Notice period

If employer wants to terminate an employee’s services, a notice period must be served to the employee to prepare him for termination.