National Indian regulations on Decent Work

Subjects:

Work and Wages

Work and Holidays

Work during Holidays and Weekends

Children at School

Maternity and Work

Health and Safety at Work

Work and sickness

Social Security

Fair Treatment at my Work

Children at Work

Forced labour

Trade Union Rights

 

Work and Wages

Minimum wage
There is a Minimum wage for unorganised workers, including those working in the informal economy. The wage should not be below Rs 115 per day, with an average of 25 days a month. Several states have fixed higher Minimum wages for unskilled workers in various sectors. In some states there is also a Minimum wage for skilled workers. More information on Paycheck.in

 

Regular pay
The Payment of Wages Act (1936) regulates payment of employees in industries as a remedy against illegal deductions and/or unjustified delay in payment of wages.

Overtime compensation

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Work and Holidays

Paid holiday
There is no general law stipulating a minimum paid leave for all workers.

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Work during Holidays and Weekends


Pay on holidays
There is no general law stipulating a paid leave on national and religious holidays for all workers. You do not have to work on public holidays, unless an agreement says you have to.


Compensation holidays
There is no general law prescribing compensation for workers who have to work during national or religious holidays.


Weekend work compensation

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Children at School


Paid leave during school holidays
There is no legislation in this respect.


Equal opportunities of parents
There is no legislation in this respect.

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Maternity and Work


Free medical care
The Maternity Benefit Act (1961) provides a Rs. 1000 benefit when the employer does not provide pre-natal confinement and post-natal care free of charge. (Amended on 15-04-2008)


No harmful work
Pregnant employees can request not to perform arduous work, or work which involves long hours of standing, or work which is likely to interfere with the pregnancy. No deduction of pay is allowed in these circumstances.


Leave
Women working in factories, mines, plantations, performance establishments and shops with more than 10 employees are entitled to paid maternity leave according to the Maternity Benefit Act (1961).

 

Central Government employees are, by and large, governed by the Central Civil Service (Leave) Rules (1972). Under these rules female employees are entitled to maternity leave for a period of 90 days. A mother suffering from illness related to pregnancy, delivery or premature birth of child is entitled to additional leave for a maximum period of one month.


Income
The maternity benefit consists of payment at the rate of the average daily wage for the period of the actual absence.

 

Workers covered by the Employees' State Insurance Act (1948) can claim a maternity benefit of 70 percent of their salary.

 

During maternity leave government employees are paid equal to the pay drawn immediately before the leave period.

 

The Central Government has a scheme under which all women workers can claim maternity benefit for their first two live born.

 

For the unorganized and self-employed women workers, certain schemes have been introduced at the Central, State and local levels.

 

Under the Bidi and Cigar workers Act (1966) maternity benefits are available to home-based workers also. The schemes to benefit women agricultural workers are implemented in Andhra Pradesh, Karnataka, Kerala and Gujarat.

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Health and Safety at Work


Employer cares
Health and safety legislation is rare. Most employers face no obligations.


Free protection
Health and safety legislation is rare. Most employers face no obligations.


Training
Health and safety legislation is rare. Most employers face no obligations.


Complaints
Health and safety legislation is rare. Most employers face no obligations.

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Work and sickness


Income when sick
Workers covered by the Employees' State Insurance Act (1948) can claim a sicknes benefit. Only a small segment of the organized work force is covered by social security legislation.


Minimum income
There is no minimum income guaranteed during sick leave.


Job security
There is no special employment protection during sick leave.


Disability benefit
Workers covered by the Employees' State Insurance Act 1948 can claim a disability benefit. Only a small segment of the organized work force is covered by social security legislation.

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Social Security


Pension rights
A small segment of the organized work force is covered by the Employees' Pension Scheme. Under this scheme pension is payable from the age of 58, provided 20 years of service was completed.

 

In 2007 an Unorganised Sector Worker's Social Security Bill was proposed to parliament.


Dependent's benefit
A small segment of the organized work force is covered by the Employees' Pension Scheme. The scheme provides for a widow's or widower's pension as well.

In 2007 an Unorganised Sector Worker's Social Security Bill was proposed to parliament.


Unemployment benefit
A small segment of the organized work force is covered by the Payment of Gratuity Act (1972). It applies to every factory, mine, plantation, port, railway, company, shop and establishment employing 10 or more persons. An employee who has completed a continuous service of not less than 5 years is entitled to a gratuity on termination of his employment.

 

In 2007 an Unorganised Sector Worker's Social Security Bill was proposed to parliament.


Medical care
A small segment of the organized work force is covered by the Employees' State Insurance Act (1948). It provides health care.

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Fair Treatment at my Work


Equal pay
The Equal Remuneration Act applies to an extensive range of employment including the informal sector. The same work, or work of a similar nature, must be equally rewarded and under similar conditions of employment.


Sexual Harassment
Two sections of the Penal Code have been used in sexual harassment cases. The Indecent Representation of Women (Prohibition) Act (1987) deals with the (forbidden) use of pornographic material. Art. 16 of the Constitution entails a prohibition of discrimination on the basis of sex.


Equal training opportunities
The Equal Remuneration Act applies to an extensive range of employment including the informal sector. The same work, or work of a similar nature, must be equally rewarded and under similar conditions of employment.


Freedom to complain
The Equal Remuneration Act is supported by penal provisions. Appointed inspectors have powers of entry at the workplace and Advisory Committees can be established under the Act.

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Children at Work

 

Children under 14
There is no legal restriction on child labour as such. Employing children under 14 in factories is prohibited, according to the Factories Act (1948).

 

The Child Labour (Prohibition and Regulation) Act (1986) prescribes that children under 14 are not allowed to work in 13 harzardous occupations and 57 processes. The Ministry of Labour makes a point of enforcing this Act first, before extending legislation to prohibit child labour.

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Forced labour


Freedom to change jobs
The Bonded Labour System (Abolition) Act (1976) provides for the abolition of bonded labour and bonded labour systems.. It has made the practice of bondage a punishable offence.


Not having to deposit your passport of ID
There is no legal provision regarding the question of who keeps you passport or ID, your employer or yourself.


Pay back loan
The Bonded Labour System (Abolition) Act (1976) provides for the abolition of bonded debt. It freed unilaterally all bonded labourers with simultaneous liquidation of their debts.

Vigilance Committees in each district assist with the rehabilitation of labourers freed from bondage.

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Trade Union Rights


Freedom of collective bargaining
Constitutional provisions, laws, regulations and practices by and large guarantee that workers are free to organize for collective bargaining.


Freedom to join a union and outside working hours participate in union activities
Constitutional provisions, laws, regulations and practices by and large guarantee that workers are free to set up and be member of trade unions.

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