Are you expanding your business and looking to hire employees? Then you should definitely know about important labour laws to avoid problems in the future. So, to make your work easy we will be discussing six things you should know about labour laws in this article. Do have a check at it!
One can terminate their employees for misconduct at any point of time during their course of employment. But before terminating them, one should hold a disciplinary proceeding against the employees so that they can defend their position. In there is no misconduct employee notice should be given. According to many state laws, employees should be notified regarding their termination at least a month before and should be served termination notice. One should also keep the termination clauses of the employment agreement in mind before serving the termination notice. Employers can also request their employees to go on a “garden leave,” which means that they get paid but need not come to work.
During the recruitment of employees, background checks should be conducted on them. But once they are hired, they should be informed about the information that is held on them and provide the requested copies related. The employer should store all the employee data safely and document the security program in place.
Although employees are entitled to personal privacy with their communications, the employer has all the rights to monitor all official emails, computer usage, phone calls etc. It is better to outline the policies in the human resources documents so the employees will know what to do and what not to do.
According to the Equal Remuneration Act of 1976, one cannot discriminate any employee based on gender during recruitment or a hired employee. For example, if one is thinking about promoting one of their employees, they cannot legally avoid choosing a female employee just because of gender. Also, the constitution bans discrimination based on race, caste, religion and place of birth. If the employees believe that their employer is being discriminatory, they have a right to file a complaint against him/her with the labour courts.
If there are any female employees who have worked at least for 80 continuous days during an accounting year, they are entitled to get paid for maternity leave for a period of 12 weeks. Under the Maternity Benefits Act of 1961, female employees can take 12 weeks paid maternity leave, and they are allowed to start their leave six weeks before their due dates. During leaves, the employer should pay these women their usual daily wages, and if they are not offering the prenatal care or post-natal care, they should sometimes issue them medical bonuses. The employer cannot terminate women on maternity leave and change their employment terms.
To get the best efforts from the employees, employers should give them time to rest. Law also requires the employer to give 12 paid leaves days to all the employees working at least 240 days per year. Also, the employer should award their employees one day leave for every 20 days of work. If employees do not utilize all their leave days, they can roll unused days into the next year, but this can be done for a maximum of 30 days only.
When employees do work for some extra hours, they should be paid overtime. The payment differs from industry to industry, but in all the cases, the overtime rate is two times more than the worker’s general hourly rate. The law also requires the employer to track the overtime hours. By this one can simplify this whole process by using a time tracking system, doing so saves time and helps to stay on top of the records.