Supreme court s Lawyers

Introduction to Labour Lawyers

When it comes to the labour attorneys, the first thing to understand is labour laws. There are numerous legislations that lay the guidelines to be followed in an employment. Labour lawyers for employees follow such legislations to put the matter of conflict before the suitable court. The labour law advocates deal with matters like unpaid salary, unexplained salary deduction, lay off, sexual harassment at workplace, inhuman work environment, and so on. 

Labour Lawyers and Laws in India

The Constitution of India gives right to work to everyone under Article 21 of Constitution of India without any discrimination on the basis of race, caste, sex, etc. as assured by Article 15. Even protective rights are fundamental through right against exploitation under Article 23 and 24 granted to the people in India. Everyone has the right to work, earn and support themselves as well as their families. There are so many existing labour legislations in India that attempt to cover every facet of matters that are dealt with by labour lawyers.

The Government of India has proposed a new Labour Code for India which is yet to come into force. The proposed laws tend to ease the path of labour advocates and also protect the labourers indiscriminately and more efficiently. However, there are so many prevailing legislations that have crossed half a century when it comes to numbers.

Labour Law Legislations

In a country like India where the population is the highest in the world, it becomes almost unfeasible for the government to provide employment to everyone in the government sector. But regardless of the government or private sector, the law makers have made labour laws which help people share the podium and the affected to bring an action while protecting their rights. A labour advocate brings the matter before the court since a layman may not be that well-versed with the legal pointers. The laws that help labour lawyers in India to bring a matter effectively before the court of law are as follows:

Legislations Significant for Labour Lawyers

Q- How can I find labour lawyers near me?

A- It is better to find nearby labour attorneys as there will be less commutation issues and also better communication between the labour court advocates and their respective clients. They will also be well-versed with the local laws applicable in the area.

Q- What does a labour lawyer do?

A- Labour lawyers are responsible for bringing a case of conflict against a labourer or employee before the court of suitable jurisdiction. Labour lawyers for employees are experts with knowledge related to employee specific laws. Hence, consultation with labour attorneys may help with a better workplace.

Q- What are some examples of unfair labour practices?

A - Non-payment of minimum wages, non-payment of salary or unexplained deduction, unfair leave policy, labour exploitation are some of the various unfair labour practices. A professional verse to advocate labour law may help in such a situation. 

Q- How do employee rights lawyers work?

A- The labour attorneys understand the case facts of labour who face unfair trade practices at the workplace. Such labour lawyers in India apply the existing laws to the conflict and bring the matter before the suitable court. Usually the labour courts or industrial tribunals decide on such matters.

FAQs

1. Can my employer terminate me without giving any notice?

Answer: No, as per the Industrial Disputes Act, 1947, an employer must provide a notice period or compensation in lieu of notice unless the termination is due to misconduct. However, the exact notice period depends on your employment contract.

2. What can I do if my employer does not pay my salary on time?

Answer: You can first send a formal written request to your employer. If they still don’t pay, you can file a complaint with the Labour Commissioner’s Office or approach the Labour Court under the Payment of Wages Act, 1936.

3. Am I entitled to overtime pay if I work extra hours?

Answer: Yes, as per the Factories Act, 1948, and Shops and Establishments Act, you are entitled to overtime pay, which is usually twice your regular wage. The exact rules depend on the state laws and your industry.

4. Can my employer force me to work on public holidays?

Answer: No, public holidays are protected under the National and Festival Holidays Act and state-specific labor laws. If your employer requires you to work, they must provide a compensatory leave or double wages.

5. What legal action can I take if I am wrongfully terminated?

Answer: You can challenge the termination by filing a complaint with the Labour Commissioner or moving to the Labour Court under the Industrial Disputes Act. If wrongful termination is proven, you may be entitled to reinstatement or compensation.

6. What are my rights if I am working as a contract employee?

Answer: Contract employees are covered under the Contract Labour (Regulation and Abolition) Act, 1970. You have rights related to minimum wages, working hours, provident fund, and gratuity, depending on your employment terms.

7. Is my employer required to provide me with a written appointment letter?

Answer: Yes, as per labor laws, an employer must provide a written appointment letter detailing salary, job role, and terms of employment. If they refuse, you can file a complaint with the labor department.

8. How much paid leave am I entitled to as an employee?

Answer: Paid leave depends on your industry and state laws. Generally:

• Casual Leave (CL) – 7-10 days per year

• Sick Leave (SL) – 10-12 days per year

• Earned Leave (EL) – 15-30 days per year

• Maternity Leave – 26 weeks (as per Maternity Benefit Act)

9. Can an employer refuse to give me my Provident Fund (PF) after I leave the company?

Answer: No, PF is your right under the Employees’ Provident Fund (EPF) Act, 1952. If your employer refuses to release PF, you can file a complaint with the EPFO (Employees' Provident Fund Organization) or claim it online through the UAN portal.

10. What is the legal working hour limit in India?

Answer: As per the Factories Act, 1948, and the Shops and Establishments Act, an employee cannot work more than 8-9 hours per day or 48 hours per week. Overtime pay is applicable if you work beyond this limit.

11. Can my employer deduct money from my salary without my consent?

Answer: No, unauthorized salary deductions are illegal. The Payment of Wages Act, 1936, allows deductions only for taxes, PF, fines for misconduct, or loan repayments (with your consent). If illegal deductions are made, you can file a complaint with the Labor Office.

12. What should I do if I am facing workplace harassment?

Answer:

• If it's sexual harassment, you can file a complaint with your Internal Complaints Committee (ICC) under the POSH Act, 2013.

• For bullying or discrimination, you can report it to the HR department or the Labour Court.

• If not resolved, approach the Labour Commissioner for legal action.

13. Do I have a right to Gratuity if I leave my job?

Answer: Yes, as per the Payment of Gratuity Act, 1972, you are entitled to gratuity if you have worked for at least 5 years in a company. It is calculated based on your last drawn salary and years of service.

14. Can I take legal action if my employer does not provide an experience letter?

Answer: Yes, you can send a legal notice demanding your experience certificate. If they still refuse, you can file a complaint with the Labour Commissioner or approach the Labour Court.

15. What are my rights under maternity leave laws?

Answer: As per the Maternity Benefit Act, 1961, you are entitled to:

• 26 weeks of paid leave for the first two children.

• 12 weeks of leave for the third child.

• Paid leave for miscarriage or medical termination (6 weeks).

• Crèche facility if the company has 50+ employees.

16. Can my employer reduce my salary without my consent?

Answer: No, any reduction in salary must be mutually agreed upon. If your employer reduces your salary unfairly, you can file a complaint with the Labour Commissioner or take legal action.

17. How can I file a labor complaint against my employer?

Answer: You can file a complaint through:

• Labour Commissioner Office (State-wise)

• Online portal of the Ministry of Labour

• Labour Court if your issue is not resolved

18. What is the procedure for claiming ESI (Employee State Insurance) benefits?

Answer: You can claim ESI benefits by visiting your nearest ESIC (Employees’ State Insurance Corporation) office and submitting your ESIC number, medical records, and employment details.

19. Do apprentices have any legal rights under labor law?

Answer: Yes, under the Apprentices Act, 1961, apprentices must be paid a stipend and provided a safe working environment. However, they are not considered regular employees and may not get full employee benefits.

20. Can I sue my employer for mental harassment at work?

Answer: Yes, you can file a complaint with the Labour Commissioner or Labour Court if your employer mentally harasses you. In cases of extreme mental harassment, you may also file a civil or criminal complaint.