Recently, while I was changing jobs, I went through my previous employment contract and the appointment letter to analyse what are the real-life implications of my resignation. Sadly, due to lack of legal knowledge, I could not claim my bonus based on the agreement. I realized I had to know how to draft a resignation letter. However, the rest of the process was still unclear to me as an employee. This goes to show how clueless even a lawyer can be sometimes. In my defence, I was just excited to get my first job and went through the agreement for vulnerabilities. But I at that time did not think through about the implications of my resignation. There is no justification for my ignorance, even being a rookie. Turns out that my employment agreement had made it binding for me to serve a notice period of three months before leaving the job.
Imagine staying in a position you have formally given up on! It is not easy. I had to either pay an equivalent of three month’s salary or serve the notice period. I, like many, had not thought through while signing the employment terms. But my ignorance had come back to bite me! Thankfully there was no non-compete or non-solicitation clauses; otherwise, I would have been restricted from working in the same industry for a while. While I wait for my full and final settlement payment which has been due for over a month, I figured why not find out more about employment and labour laws. I have again signed a contract, which was one-sided. Who knows what I need to know this time around? To say there is no method to this madness is untrue. There are laws and regulations in place which are to be adhered to. What all don’t I know? I have never paid much attention to the labour laws, and my rights or claims thereof. I mean, I did do that one semester (or two?) in college, but I don’t remember much of it. I thought I would put down my papers and after three months, I will be free. But was I wrong or what? Turns out there are ‘inner mechanisms and protocols in place to facilitate a successful transition’. Not my words, it is a direct quote from my Human Resource Manager. As a lawyer, am trained to read between the lines, but this was a no-brainer. I had to fulfil and do a set of things before attaining freedom.
Some of the routine tasks were reasonable like fulfil my ongoing responsibilities and create a smooth handover of work. But then there were weird requests from bosses to share the hard disk before I had done the hand-over! I mean how can I possibly work till the end of three months if I hand over my hard drive 3 days prior! Then I had to remind my HR for my Form 16 repeatedly. By law, my employer has to provide me with certain documents. But it took a month of nagging, begging and cajoling to ensure that I get what is rightfully mine! Not knowing about industrial and labour laws did not bode well for me in hindsight. So here is a quick refresher for all the in-house lawyers, practicing lawyers and anyone who wishes to be employed someday- know your laws.
So what are the important rights of a private employee under by the Indian labour law? Although there are terms of employment defining the specific terms, the employees in the organized private sector are governed by various laws such as Payments of Bonus Act, Equal Remuneration Act, Payment of Gratuity Act, Employees Provident Fund and Miscellaneous Provisions Act, Employees’ State Insurance Act, Maternity Benefit Act, etc. The right to safe working place with basic amenities, right to appropriate working hours, right to any assured incentive etc. are protected under the law. Here’s a list of essential rights of an employee under the various laws and regulations:
Right against discrimination at workplace
It is a right of every citizen of India to be in-discriminated. According to article 16 (2) of the Indian Constitution , no citizen can be discriminated against, or be ineligible for any employment or office under the state, on the grounds only of religion, race, caste, sex, descent, place of birth or residence or any of them. Adherence to the rule of equality in public employment is a being feature of Indian Constitution and the rule of law is its core, the court cannot disable itself from making an order inconsistent with article 14 and 16 of the Indian Constitution.
In the United States, Title II of the Civil Rights act, 1964 prohibits discrimination of people on certain grounds. In this regard, employers implement equal employment opportunity policies and prohibit discrimination based on race of a person, colour, sex, religious creed, nationality, age, ancestry, marital status, disability, medical condition, genetic characteristics ( of those of a family member), political affiliation, et cetera.
The equality act, 2010 of the United Kingdom prohibits discrimination and mandates equal treatment in matters of employment as well as private and public services irrespective of race, age, sex, religion or disability .
Scheduled castes and Tribes ( prevention of atrocities) act, 1989 is constituted as a social justice oriented law, which is enacted to prevent atrocities and other form of derogatory behaviour towards member of the scheduled caste and scheduled Tribes. According to this law no person should be used towards either written or spoken or by signs or by visible representation or otherwise which promotes or attempts to promote feeling of enmity hatred or ill will against scheduled caste and scheduled tribe members.