Employee Rights in Professional Ethics
Posted On : July 3, 2023
Listen to this article
Table of Contents
Introduction
In today's dynamic and competitive work environment, the rights of employees and adherence to professional ethics play a crucial role in maintaining a fair and harmonious workplace. Ethics play a vital role in maintaining a harmonious work environment and fostering trust between employers and employees. In India, the rights of employees regarding professional ethics are safeguarded by various employment laws and regulations. This article aims to provide an overview of the employee rights pertaining to professional ethics under Indian employment laws.
Employee Rights
The following are some of the rights of an employee;
-
Right to a Safe and Non-Discriminatory Workplace
Employees have the right to work in an environment that is safe, healthy, and free from any form of discrimination. Employers are obligated to ensure the physical and psychological well-being of their employees. This includes preventing any form of harassment, discrimination, or hostile behavior based on factors such as gender, religion, caste, race, or disability.
-
Right to Privacy and Confidentiality
Employees have the right to privacy and confidentiality in the workplace. Employers should respect the privacy of their employees and protect any personal or sensitive information shared during the course of employment. Monitoring of employee communications and activities should be carried out in accordance with applicable laws and regulations.
-
Right to Fair and Equal Treatment
Under Indian employment laws, employees have the right to fair and equal treatment. This means that all employees should be treated with respect and dignity, without any bias or favoritism. Employers should provide equal opportunities for career growth, training, and development, based on merit and performance.
-
Right to Freedom of Speech and Expression
Employees have the right to express their opinions and concerns within the bounds of professional ethics. However, this right is not absolute and should not infringe upon the rights of others or disrupt the functioning of the organization. Employers should encourage an environment that fosters open communication and constructive feedback.
-
Right to Whistleblowing
Employees have the right to report any unethical or illegal activities taking place within the organization. The Whistleblower Protection Act, 2014, provides protection to employees who disclose information in good faith about acts of corruption, wrongdoing, or violation of laws. Employers should establish mechanisms to encourage and protect whistleblowers from retaliation.
-
Right to Ethical Conduct by Employers
While employees are expected to adhere to professional ethics, employers also have a responsibility to maintain ethical conduct. Employers should establish codes of conduct, policies, and procedures that promote ethical behavior, transparency, and accountability. They should lead by example and ensure compliance with applicable laws and regulations.
-
Right to Remedies and Redressal
Employees have the right to seek remedies and redressal in case of violations of professional ethics. They can file complaints with internal grievance redressal mechanisms or approach external bodies such as labor tribunals or courts. Employers should have a structured system in place for addressing employee grievances and providing appropriate remedies.
-
Right to Fair Compensation
Employees are entitled to receive fair and reasonable compensation for their work, including wages or salaries, overtime pay, bonuses, and benefits. Laws set minimum wage standards and regulate payment of overtime. Employers must adhere to these regulations and provide transparent information on compensation.
-
Right to Privacy and Data Protection
Employees have a reasonable expectation of privacy in the workplace, including personal communications, belongings, and electronic data. However, employers may monitor employee activities for legitimate reasons, such as ensuring productivity, preventing harassment, or protecting company assets. Balancing privacy rights with employers' legitimate interests is crucial.
Professional Ethics
The following are some of the professional ethics;
-
Duty of Honesty and Integrity
Professionals, including employees, are expected to act honestly, ethically, and with integrity in their dealings with colleagues, clients, and the public. This includes avoiding conflicts of interest, maintaining confidentiality, and upholding the standards set by professional codes of conduct. -
Duty of Competence and Professional Development
Employees are obligated to perform their work with a level of competence and skill that is reasonably expected in their profession. They should continually develop their knowledge and skills to meet evolving industry standards. Employers should provide opportunities for professional development and support employees in acquiring necessary skills. -
Duty of Confidentiality
Employees often have access to sensitive information related to their employers or clients. They have a duty to maintain confidentiality and protect the privacy of this information, except in situations where disclosure is required by law or necessary to prevent harm. -
Duty of Loyalty
Employees owe a duty of loyalty to their employers, which include acting in their best interests and refraining from actions that could harm the organization. This duty may include avoiding conflicts of interest, refraining from disclosing proprietary information, and acting in a manner that upholds the organization's reputation.
Conclusion
Employee rights in professional ethics are crucial for maintaining a healthy work environment and ensuring the well-being of employees. Indian employment laws provide a framework to protect these rights and hold both employees and employers accountable for their actions. Employers should actively promote a culture of ethical behavior, while employees should be aware of their rights and responsibilities. A strong commitment to professional ethics will contribute to the growth and success of both individuals and organizations in India's dynamic employment landscape. For comprehensive information about the employee rights and professional ethics, it is advisable to consult an employment lawyer near you. While searching for lawyers on the internet, it is recommended to search “lawyers near me” to get better results.
Written By:
Vidhikarya
Recommended Free Legal Advices
Service matters - I need citations 1 Response(s)
Dear Client,
As ruled out by the Supreme Court in Civil Appeal No. 5224 OF 2008, arising out of SLP(Civil)No.8765 OF 2007. GENERAL MANAGER,. STATE BANK OF INDIA & ORS. … APPELLANTS....VERSUS....ANJU JAIN … RESPONDENT, no past acts of misconduct of the employee who dies in harness can be taken into account while considering the case of a family member for employment on compassionate grounds, as it is not a benefit provided to the deceased employee but for providing immediate relief to its dependents to survive. So, in view of the above ruling of the Apex Court, the Employer department cannot recover any amount from the dependent employee's salary to recover the penalty for the misconduct of the parent employee. So, for redressal of grievance, if the employee belongs to State Govt. then a dispute is to be raised before the State Administrative Tribunal(SAT) after filing a grievance petition before the Authority of the concerned Deptt and if the employee belongs to Central Govt. then the dispute is to be raised before the Central Administrative Tribunal(CAT) post a grievance petition before the Authority of concerned Deptt. Reach out to an Advocate handling SAT/CAT matters for guidance and steps. . In case you need any legal services/assistance in this regard, you may contact our legal team with all the relevant papers.
forced retrenchment after serving notice 2 Response(s)
Dear Client,
Since you are already serving your notice period it doesn't make a difference if you end your work a month earlier. According to the conditions the company can do the same and you will have to adhere to the same. You can always consult a lawyer near you to better understand your situation.
Thank you so much, I hope this answer helped you.
Right of LR of deceased employee accused 2 Response(s)
Dear Client,
In India, the Limitation Act, 1963, governs the time limits for filing legal actions, including challenging employment terminations. Under the Limitation Act, the general limitation period for challenging an employment termination is usually three years from the date of the alleged wrongful termination. However, there are some exceptions and nuances to consider. If the employee couldn't challenge the dismissal within the 90-day period due to a valid reason, such as being incapacitated after a heart attack, they might have an argument for a delayed filing based on reasonable grounds for the delay. The court may consider the employee's medical condition as a reasonable cause for not filing the challenge in time. After an employee's death, his legal representatives (LRs) may have the right to step into the employee's shoes and pursue the claim on his behalf, if it is permissible under the terms of employment and the employment contract. LRs can potentially challenge the dismissal on behalf of the deceased employee.
P.Tax Registration Done by Mistake in the Name of Employee 3 Response(s)
Dear Client,
Here are your answers;
1. You need to write to the authorities to close the case
2. You will have to do the same and approach them
3. If they are not cooperating then you yourself take all the necessary steps to close it.
Recovery of Some amount against service provide. 1 Response(s)
Get issue a legal notice and file a case. You will succeed.
Expert Lawyers in
Employment and Labour
