COMMON EMPLOYMENT ISSUES AT WORKPLACE

“Every Job Is Composed Of Many Small Details Anyone Of Which If Overlooked, Can Create Big Problems.”

 – Napoleon Hill

What RIGHTs do you have at your workplace?

In India, we have various laws on employment and workers. These legislations cover all rights and obligations of employers and employees. In most cases, the dispute between the employer and employees arises because of the difference of opinion in relation to their rights and obligations at the workplace. Now the question arises what are these rights which every employee has at his/her place of work.

To summarize it can be adduced from various legislations that the following rights flow to every employee by virtue of established cannons of law:

• Rights relating to workplace safety.
• The right to have an Anti Sexual Harassment environment.
• Right to have Discrimination free environment.
• Right to have Fair pay for the job done.
• The right to have your Privacy maintained at your workplace.
• Rights relating to Maternity Relief.
• The right to have Medical leaves and leaves for Family.

Are your RIGHTs safe at the workplace?

This is a question that you need to ask yourself. Whether your rights are compromised or not? There are many circumstances when there is discriminatory behaviour towards you, or where your private information is leaked, or where you have illegally terminated or not been paid your rightful pay, and many other. Then, it’s time for you to pay attention as your rights are infringed.

Common issues you might face:

1. Salary Dues: There are numerous sets of affairs where you confront problems in getting your dues cleared such as your Full and Final Settlement is still pending or your salary is delayed for months. Then it becomes necessary for you to step up and take immediate legal action against such issues.
2. Illegal Termination: Nowadays, there are various incidents of wrongful job termination going around you. But let us clear that, no one has a right to terminate you illegally. One has to give you a proper notice period before terminating your contract of employment. If not, you can exercise your legal rights for reinstatement.
3. Harassment: Harassment is not always sexual in nature; it may be emotional, or physical. It is a crime irrespective of gender. These are not the things you should be silent about. If it’s there then it is high time for you to fight against such evil. And, make your work environment free from these problems.
4. Discrimination: Discrimination in the workplace can be of different types. There may be single or multiple grounds for discrimination. You may be discriminated against on grounds of sex, qualification, disability, pregnancy, age, religion, race/colour, equal pay, region or place of origin, caste, or nationality. Let us remind you, that you have a right to protect yourself against such discrimination and to fight against such discriminatory behaviour.
5. Workplace privacy: Generally, every employer has an obligation to protect your personal information. The employer cannot share your personal information with any individual or organization without your consent or permission. If done so then you have the right to take proper action against such an employer.
6. Whistle-blower protection: When you feel to speak about wrongs around you, but are scared. There is no need to be scared, the moment you become one of the whistle-blowers. You are entitled to get protection from your respective workplace. And it is also the establishment or your employer’s duty to protect you. You can further get protection from independent authorized authorities also.
7. Wages and benefits: The employment and labor law provides that, everyone is entitled to equal pay for equal work. The employer has to pay you an equal amount of wage for an equal amount of work done. If not so, you are free to take any proper legal action against such behaviour of the employer. You are free to file the complaint either in civil court or labor court (depends on your salary and dues pending).
8. Medical Care: Every employee has the right to avail of his or her prescribed Sick leave in case of his/her sickness or the sickness of his/her relative. In sick leave, the employer cannot deduct the pays from your salary. So, these leaves are also known as paid leaves. You can even avail of your sick leave prescribed for a month next month or next year (as specified under law).
9. Workplace safety: In case, your work involves a risk of getting any injury or your workplace has a business that involves the risk of getting hurt. Then under the specified laws, it is the duty of the employer to provide proper safety measures. On being denied so, you are at liberty to take bonafide legal action.
10. Maternity and Family Leave: In the current scenario, where women dominate in all work setup, it has become difficult for them to manage their work-life with their to-be-motherhood. To honor the divine act of birth, the Indian law makes it mandatory for every employer to have more than 10 employees, to give the working woman a paid maternity leave for 26 weeks (6 months). And it is the women’s right to claim the same. So if you are denied this right, you are empowered to file legal action against such an employer.

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