Date : 21-08-2018 09:30
INTRODUCTION: A major chunk of the Indian market is constituted by its labour market. The conditions of Indian labour market has evolved over the time, there was a time when the labourers were put on the lowest footing and suffered hugely for the working conditions, proper pay, reasonable breaks etc.
But still, we can spot various cases in the labour court and strike by labour unions for their rights and demands. Employees face problems with respect to working hours, holidays, back wages among others but most frequently the issue is related to wage and salary. These can be in the form of the following:
Dues: When an employee leaves the job or gets terminated by the employer, there is in most of the cases disappointment relating clearance of dues by the side of the employer and there is a specified time under which employer is obligated to clear it off, if he doesn’t aggrieved employee is free to file a complaint.
Equal pay for equal work: Despite being engraved in our very constitution under article 39 ensuring equal pay for any gender doing the same type of work, the difference is still observed in many cases.
Overtime pay: An employee working overtime has the right to ask for overtime wage payment ensured under section 59 of factories act of 1948 where a worker working in a factory for more than 9 hours a day or 48 hours a week is entitled to get overtime payment from the employer.
Payment of minimum wages: The minimum wages act, 1948 which was based on article 43 of the Indian constitution stating state shall make arrangements for payment of a living wage which ensure reasonable standard of living and social and cultural opportunities, but due to unawareness most the workers working in the unorganized sector work for wages less than a minimum wage which hardly makes up for a decent living.
Bonus: Payment of bonus act, 1965 requires an employer to pay an employee who is entitled to get a minimum bonus at the rate of 8.33% which can have extended to the proportion of the wage or salary earned if there is an increase in allocable surplus in any accounting year.
Maternity benefit: As per the maternity benefit act 1961 a pregnant woman is entitled to receive wages for the period for which she is on maternity leave.