In this article, Aavish Kant discusses Employers obligations towards Employee.

Employers obligation towards Employee

Every employee, labour or workman at the workplace has been granted many rights and privileges by different statutes under law, the same rights result in corresponding duties for the respective employers, thus along with rights to employees, law has also assigned certain duties to the employers in order to ensure a harmonious relationship between the employers and employees and increase the efficiency of work at the respective workplace.

In order to closely get to know the duties of the employer, one needs to look into the following aspects

1. Employer’s obligation towards contract labourers
2. Employer’s obligation towards women
3. Employer’s obligation in case of hazardous industries
4. Employer’s obligation in General

EMPLOYER’S OBLIGATION TOWARDS CONTRACT LABOURERS

The Contract Labour (Regulation and Abolition) 1970, lists down the provisions that assign duties to the “Principal Employer” towards the contract labourers. Principal Employer is any person who controls or supervises the establishment.

An important point that must be noted is that this Act shall cover only that establishments which have employed 20 or more contract labourers in any day of the preceding 12 months.

DUTY TO ENSURE THE PRESENCE OF A REPRESENTATIVE

The employer has a duty to ensure that a representative is present during the distribution of wages. The representative is duty bound to check if all the wages is distributed by the contractor without any error or discrepancies, in case of any discrepancy in any such distribution, the principal employer shall step in and make good any error in distribution of wages, by paying off the default wages out of the amount payable to the contractor or as a debt that is payable by the contractor

DUTY TO PROVIDE FOR BASIC AMENITIES

The employer has the duty to ensure and provide all kinds of basic amenities to all the contract labourer or workers present in the establishment. These facilities shall include Rest Rooms, Canteen, First Aid Facilities, Drinking Water and Toilet Facilities.   

MISCELLANEOUS DUTIES

The employer also has the duty to keep a check on the contractor and his operations and his history, he also has the duty to check if the contractor possesses a valid licence or registration under the act.

DUTY OF THE EMPLOYER TOWARDS WOMEN

Section 19 of the Sexual Harassment of Women at Workplace (Prevention) Act 2013 lays down the duties of the Employer to ensure protection of his or her women employees –

The Section lays down the basic obligations which the employers need to follow to ensure the safety of the female workforce, these obligations include

• Providing a safe working environment for women,
• Setting up committees which cater to women,
• Organising awareness programmes for women safety,
• Displaying on the notice board the consequences of crime against women or
• Assisting the woman employee if she want’s to file a complaint against any act of sexual harassment.

Apart from this the Employer also has the duty to grant maternity benefits to his pregnant employees. The obligations as per the maternity benefits acts are as follows –

• No employer shall employ a woman within six weeks of her delivery or miscarriage.
• No employer shall allow a pregnant woman to do any arduous work which require long hours of standing or likely to interfere with her pregnancy.
• Employer shall be liable to pay the payment at the rate of average daily wage for the period of her actual absence. This period might include any period preceding the day of delivery, actual day of delivery or any following the delivery. On contravening these conditions the employer shall be punishable with imprisonment for a period of three months which might extend to one year and with fine ranging from two thousand to five thousand.
• On receipt of the notice from any woman claiming maternity benefit under the Act, the employer shall allow the woman to absent herself from the work.
• The amount of maternity benefit for the period immediately preceding the expected dates of delivery shall be paid in advance to the woman on production of the proof that she is pregnant. That amount should be paid within forty-eight hours of production of such proof.
• If woman entitled to maternity benefit dies before receiving it then the amount shall be paid by employer to the person nominated by that woman for receiving such benefit.
• Employer shall provide the concerned woman with the medical bonus as mentioned under the Act.
• If a woman is absent from the establishment in accordance with the provisions of this Act then it unlawful on the part of the employee to dismiss or discharge her from the employment. On contravention of this punishment for employer is imprisonment for three months and it might extend up to one year and with fine ranging from two thousand to five thousand.
• Employer is required to provide information regarding the names and addresses of the women employed, applications or notices received from them under the Act and payment made to them to the inspector appointed under this Act.
• Every employer shall maintain registers, records and muster-rolls as may be prescribed.

DUTY OF EMPLOYERS IN CASE OF HAZARDOUS INDUSTRIES

The INDUSTRIAL EMPLOYMENT ( STANDING ORDER ) RULES 1946, lay down the duties of the Employer in case of Hazardous Industries.

According to Rule 2A of the statute,

The employer in case of a COAL MINE  shall have the following duties –

• Medical Aid
• Railway Facilities
• Declaration of the process of filling vacancies
• Declaration of the process of transfers
• Production of Service Certificate

The employer in case of any establishment not being a coal mine shall have the following duties-

• Publish working times, wage rate and holidays
• Notify the workers of any change in Shift Working
• Paying wages regularly
• Granting leaves on application or casual leaves
• Stopping work in case of any kind of mishap or fire, catastrophe, the breakdown of machinery or stoppage of power-supply, epidemics, civil commotion or other cause beyond his control, stop any section or sections of the establishment, wholly or partially for any period or periods without notice.
• Entitle every permanent Worker a service certificate upon termination of employment
• Medical Examination of workers at own expense
• Follow all the regulations laid down under the Standing Orders

GENERAL DUTY OF THE EMPLOYERS

The employer also has some general and basic duties towards the employees. The following are the general duties which every employer owes to his or her employees

• Duty to allow paid leaves to the employees
• Duty to pay the employees without any discrimination
• Duty to pay gratuity to any employee who has rendered his services for five years
• Duty to maintain an employee provident fund, that is a retirement benefit available to all the salaried employees
• Duty to insure the employee under the Employee State Insurance Act 1948
• The employer has the duty to insure the employee in case of any injury or miscarriage that may happen in the course of employment
• Duty to strictly comply by the 9 hour rule laid down by the Shops and Establishments act of every state.
• The Shop and Establishments Act of every state has fixed the maximum no. of working hours 9 hours a day and 48 hours a week
• Duty to enter into an Employment agreement with the employee

CONCLUSION

In addition to all the above duties and obligations the employer cannot escape from the basic duty of protecting the rights of the employees, be it permanent or contractual. Fulfilling and protecting the rights of the employees and the workmen who contribute towards the interests of the employer.

                 “The way your employees feel is the                 way your customers will feel.”

                                                                                                      –Sybil F.Stershic