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3 months ago

Hello,
I am a single woman living in Mumbai.
I am unemployed and live mostly on passive income.
I find that finding faults at work and not allowing people to work has been rampant and I personally have experienced it.

I would like to know what are my legal rights in jobs offline and online in India.

Regards

Anik

Responded 3 months ago

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A.Dear client,

As an employee, you would have various rights including, paid leaves, maternity benefits, insurance policies, safeguards from discrimination, etc.

However, in case of not being employed, some of the rights available as per jobs are:
1. Right against any sort of discrimination while hiring especially with regards to gender discrimination.
2. Right to know about the job description fairly.
3. Right to be treated equally without any discrimination during the interview process.
4. In online jobs, you have the right to be paid equally.

Please provide us with further details to accurately help you.

Thank you
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
India's legal system does not have specific laws or regulations that individually support flexible work practices such as working from home, remote working, hybrid modules of working, flexi-hours, etc, but there are no legal provisions that impose restrictions as well. There is no section/clause or judgment which restricts work from an office. Indian courts have held that depending on the requirements of the business, the employer may determine which mode of working needs to be adopted by the employee. Fundamental rights guaranteed to employees in the workplace in India include the right to equality, the right against discrimination, the right to freedom of speech and expression, the right to work, and the right to constitutional remedies. The employment laws of India do not distinguish employees working from home from those working from an office, save for certain limitations that need to be addressed by the legislation. The new labour codes, ideally, should incorporate definite guidelines for “remote working”, “work from home" and “teleworking” before their enactment and it should be realized that the definition of “home-based worker” may not be sufficient for the interpretation..and application of every flexible work practices.
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