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Employment law is a critical component of the modern workplace, ensuring that employees are treated properly and protecting them from unjust behaviour. With workplace dynamics constantly changing, recognising your rights is critical to ensuring that you are treated with respect, dignity, and justice. Wages, discrimination, workplace safety, and termination processes are just a few of the topics addressed by employment law. Whether you’re just starting out or have years of experience, recognising your rights is critical to protecting your well-being and maintaining a productive work environment.
This article will look at fundamental principles of employment law that every employee should understand in order to defend their working rights.
One of the most fundamental rights that employees have is to be adequately compensated for the work they do. The Fair Labour rules Act establishes minimum wage, overtime compensation, and child labour rules.
Minimum wage: Employers must pay employees at least the federal minimum wage. Several states and towns have raised the minimum wage. For example, California’s minimum wage is higher than the federal rate, hence California employees are entitled to the higher rate.
Overtime Payment: Employees who work more than 40 hours per week are generally entitled to overtime pay, which is usually 1.5 times their regular hourly wage. This is especially important for hourly workers or those whose jobs don’t meet the criteria for exemption (such as executive or professional roles).
Equal Compensation for Equal Work: The Equal Pay Act prohibits firms from paying employees of different genders differently for doing the same job.
Discrimination at the workplace is not just unethical, but also unlawful. Employment discrimination based on race, colour, national origin, sex, disability, or age is prohibited.
Race, colour, and national origin: Employers cannot discriminate based on a person’s ethnicity, skin colour, or country of origin. This covers hiring procedures, compensation, job responsibilities, and promotions.
Sexual Harassment: Sexual harassment is considered discrimination under Title VII of the Civil Rights Act. It involves unwanted advances, requests for sexual favours, and other sexually motivated verbal or physical behaviour that creates a hostile work environment.
Discrimination based on disability and age: There are various Acts that protect employees from discrimination based on their disability status. Employers must make reasonable adjustments for their employees with impairments. For example, the ADEA protects workers aged 40 and up from age-based discrimination, particularly in hiring and firing decisions.
If you believe you are discriminated against or harassed at work, you can submit a complaint with the local labour board.
The Occupational Safety, Health and Working Conditions Code,2020 (OSH Code) requires companies to create a safe and healthy work environment for their employees. This includes safeguarding personnel against physical, chemical, and biological risks that may endanger their health or well-being.
Right to report unsafe conditions: If you come across unsafe working circumstances, you have the right to report them without fear of retaliation. Employers are legally required to address safety concerns and resolve any issues.
Right to training: Employees should receive proper safety training and be provided with the tools and equipment they need to execute their jobs safely. For example, if you work with dangerous machinery, your employer is responsible for ensuring that you are properly taught and equipped.
Right to Workers Compensation: Employees are entitled to workers’ compensation benefits if they suffer an injury or illness at work. These benefits normally cover medical expenses as well as a percentage of lost pay.
Employment contracts are legally enforceable agreements made between employers and employees. Some employees, particularly those in high-level or specialised positions, may have contracts that specify the terms of their employment, such as salary, duties, benefits, and grounds for termination.
However, many employees are hired under at-will employment agreements. In at-will employment, the employer may fire the employee for any reason (except for illegal reasons such as discrimination), and the employee may quit at any time without consequence.
Employees are protected from retribution even if they work at-will. For example, you cannot be fired for reporting discrimination, submitting a workers’ compensation claim, or taking legally allowed time off (such as parental leave).
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave per year for certain family and medical reasons, including:
A child is born or adopted
Caring for a family member with a significant medical condition
Recovering from your own bad medical condition
This rule allows you to take essential leave without fear of losing your job, albeit you may not be paid during this time. However, some firms include paid family and medical leave as part of their benefits package.
Employment law is critical to guaranteeing fairness and defending employees’ rights. Understanding these rules can assist employees in navigating problems, protecting against discrimination, and maintaining a healthy work environment. Knowledge of your rights is essential for developing a happy and legally compliant workplace.
Resources such as www.lifeandlaw.in and www.asmlegalservices.in might help anyone looking for advice on employment legal issues. These venues, led by legal practitioners such as Adv. Abdul Mulla, provides guidance on managing various legal elements of the workplace.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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