Employee Rights

A Project Report
On
Employee Rights


Submitted To :-

Dr Mamta Mahapatra


Submitted By : -
RIAZ AHEMAD, MBA
 Employee Rights

Acknowledgement

I express sincere gratitude to Dr Mamta Mahapatra

who had given us the support and suggestions during the
completion of project report. We are very much thankful to
her, as she had helped us in every possible manner by
providing us her valuable time and suggestions.

We would also like to thank all our friends, without

their co-operation this project would not have completed.
We extend our sincere thanks to all those who have
assisted us in doing our project directly or indirectly.
 Employee Rights

Executive Summary

When we talk of an organization, a picture of big

company comes across our mind. In a big company,
Employee Rights plays an important role. Proper rights
should be given to each employee for better running of a
company.

Here in this project we have discussed completely

about the Employee rights i.e. what the rights of an
employee are before and after joining the organization.
This is in the written agreement given by the organization.
There are the various acts of Employee rights such as
equal payment act, minimum wages act, parental
legislation act, fair and unfair dismissals etc. which are
mentioned in this project. In all the organization all
employees have an individual right which cannot be
changed by an organization or a company. There is also an
right for employee safety and health which is being
mentioned in this project.

It was interesting as well as challenging to learn about

the Employee rights. While doing this project, we learn
about many problems faced by organization and
employees for their rights but we are highly impressed by
the way they dealt with such problems.
Employee Rights
 Employee Rights

Table of Contents

 Introduction
 Current issue regarding employee rights
 Components of employee remuneration
 Model motivation and performance
 Employment rights regarding incentive schemes
 Equal payment rights
 Parental legislation act
 Qualifying condition
 Discipline and their factors
 Fair and unfair dismissal
 National minimum wages act
 Employee counseling
 Safety and health
 Conclusion
 Bibliography
 Employee Rights

Introduction

Employment rights have become one of the more

important issues for human resource management to deal
with. Individual are guaranteed certain rights based on
amendments to Indian constitution. Consequently various
laws and Supreme Court rulings are establishing guidelines
for employers dealing with employee privacy and other
matters. There are various acts based on employee rights.
In every organization employee plays an important role for
the better future of a company so they give individual
employee rights to each employee of the company.
Employee Rights plays an important role. Proper rights
should be given to each employee for better running of a
company. Each employee has rights like equal payment,
minimum wages to be given, their safety and health,
regarding their dismissal, promotion and transfer etc. Also
there are current issues regarding employee rights like
drug testing, honesty tests etc. Thus employee rights are
very important in each organization.
 Employee Rights

Current Issue Regarding Employee

Rights
There are some current issues regarding employee rights. They are:-

 Drug Testing
 Honesty Tests
 Whistle Blowing
 Employee Monitoring and Workplace Security

 Other employee rights issues.

 Drug Testing:
The process of testing applicants or employees to
determine if they are using illicit drugs or not. Drug testing in
today’s organization should be conducted to eliminate drugs in work
place not to catch those who are taking drugs. For instance drug
testing may make better sense when there is “A reasonable
suspicion of substance abuse by an employee, or after an accident
has occurred.” Although many might say that same outcome is
achieved, it’s the process, and how employees view the process,
that matters.
In some organizations individuals who refuse the drug test are
terminated immediately. In many organization there are
rehabilitation programmed from which they can get help.

 Honesty Tests:
A specialized paper and pencil test designed to
asses once honesty. Much of the intent of these tests is to get
applicants to provide information about themselves that otherwise
would be hard to obtain. These “integrity” tests tend to focus on two
particular areas – theft and drug use. But the tests are not simply
indicators of what has happened; typically, they asses an applicant’s
past dishonest behaviors and that individual’s attitude toward
dishonesty. Based on the evidence, our conclusion is that these
 Employee Rights

tests may be useful for providing more information about applicants

but should not be used as the sole criterion in the hiring decision.

 Whistle Blowing:
A situation in which an employee notifies
authorities of wrong doing in an organization. Whistle blowing
occurs when an employee reports the organization to an outside
agency for what the employee believes is an illegal or unethical
practice. In the past, these employees were often subjected to
severe punishments for doing what they believed was right. The
thrust of these policies is to have an established procedure whereby
employees can safely raise these concerns and the company can
take corrective action.

 Employee Monitoring and workplace security:

An activity whereby the company is able to keep
informed of its employees activities. Work place security has
become a critical issue for employers. Work place security can be
defined as actions on behalf of an employer to ensure that
the employer’s interests are protected: that is workplace
security focuses on protecting the employees property and
its trade business. Specifically targeted for this monitoring are
system computers, E-mail and telephone. Employers must protect
themselves from employee theft revealing trade secrets to
competitors or using company’s database for personal gain.

 Other employee rights issues:

There are various other issues regarding employee rights.

Which are as under:

 Legislating Love and

 Sexual orientation rights.
 Employee Rights

Components Of Employee
Remuneration:

Remuneration

Financial Non Financial

Fringe Job Context

Benefits
Perquisites Challenging
P.F. job
Hourly Gratuity Company car Responsibiliti
and Incentives Medical Club es
Monthly Care Membership Recognition
Rated Individual Accident Paid Holidays Growth
wages Plans Relief Furnished Prospects
Group Plans Health and House Supervision
Salaries group Stock Working
Options condition
insurance
Schemes etc. Job Sharing
etc. etc.

Direct Indirect

An average employee in the organized sector is entitled to

several benefits both financial as well as non financial. To be
specific, typical remuneration of an employee is - wages and salary,
incentives, fringe benefits, perquisites and non financial benefits.
Employee Rights
 Employee Rights

 Wages:
Wages represent hourly rates of pay, and salary refers to the
monthly rate of pay, irrespective of number of hours put in by an
employee. Wages and salary are subject to annual increments. They
are differing from employee to employee, and depend upon the
nature of the job, seniority and merit.

 Incentives:
Incentive is also called ‘Payments by Results’, incentives are paid
in addition to wages and salaries. Incentive depends upon
productivity, sales, profit or cost reduction.

There are two types of schemes: individual plans and group

plans.
Individual plan is applicable to specific employee performance.
Where a given task demands group efforts for completion, incentive
are paid to group as a whole. The amount is later divided among
group members on an equitable basis.

 Fringe Benefits:
These include such employee benefits as P.F, gratuity, medical
care, hospitalization, accident relief, health and group insurance,
canteen, uniform, recreation and the like.

 Perquisites:
These are allowed to executives and include company car, club
membership, paid holidays, furnished house, stock option scheme
and the like. Perquisites are offered to retain competent executives.

 Non financial benefits:

These include challenging job responsibilities, recognition of
merit, growth prospects, competent supervision, comfortable
working condition, and job sharing and flexi time.
 Employee Rights

Model Motivation & Performance

Feedback
To

Employee
s
Reward
Employee
Employee s
considers
sets Performanc
equity of
expectation e is
Are performanc
s and goals rewarded
given e rewards
Employee sets new goals
and

Expectations based on prior

experiences

 Here firstly employee sets a goal for himself

keeping an organization objective in mind.

 Then based on performance employee is rewarded.

 On the reward of his performance feedback is given

and based on that new goal is formed.

 Employee’s goals are sets based on prior

experiences.
 Employee Rights

Employment Rights Regarding

Incentive Schemes
Incentive schemes are many and varied. The international
labor organization (ILO) classifies all the schemes of payment by
result into four categories.

 Schemes where the workers earnings vary in the

same proportion as output

The chief characteristics of the schemes where income vary in

proportion to output is that any gains or loses resulting directly from
worker’s output accrued to him or her. There are two schemes.
Straight piece work and standard hour.

 Schemes where earnings vary less proportionately

than output

In this there are four plans. Halsey plan, Rowan plan, Barth
scheme and bedaux plan. The common feature of all these is that
time is used as the measure of output and bonus is paid on time
saved, that is, the difference between the standard time-set for the
job and the time actually taken.

 Schemes where earnings vary proportionately more

than output

There are two methods in it. High price rate and high standard
hour system. Under the former, the earnings of the worker are in
proportion to their output, as in straight piece-work, but the
increment in earnings for each unit of output above the standard is
greater.

 Schemes where earnings differ at different levels of

output

This group includes several schemes like Taylor’s differential

price rate, Merrick Differential piece rate, Gantt Task System,
Emerson’s Efficiency Plan. These systems can be best explained by
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describing how earnings vary from minimum to maximum at

different levels of output.

Equal Payment Rights

 Time off for dependants

All employees are entitled to reasonable time off work without
pay to deal with an emergency involving a dependant; for example,
if a dependant falls ill or is injured, if care arrangements break
down, or to arrange or attend a dependant's funeral.

 Time off work for public duties

Under certain circumstances employers must give employees
who hold certain public positions reasonable time off to perform the
duties associated with them.

This provision covers such offices, among others, as justice of the

peace, prison visitor, and member of a local authority, a police
authority, a statutory tribunal, and certain health and education
authorities. Employers do not have to pay employees for the time
off taken for public duties.

 Time off work for trade union duties and activities

An employee who is an official of an independent trade union
which is recognized by the employer must be allowed reasonable
time off with pay during working hours to:

 Carry out those duties as an official who relate to matters for

which the employer has recognized the union, or any other
functions which the employer has agreed the union may
perform.
 consult with the employer, or receive information from the
employer, about mass redundancies or business transfers; or
 Undergo training relevant to those duties and which is
approved by the union or by the Trades Union Congress.
 Employee Rights

An employee who is a member of an independent trade union

which is recognized by the employer is entitled to reasonable time
off for certain trade union activities. The employer is not obliged to
pay the employee for time off for these activities.

The Aces code of practice Time off for trade union duties and
activities provides guidance on the time off to be permitted by an
employer.

 Time off for safety representatives

Employees who are:

 safety representatives appointed under the Safety

Representatives and Safety Committee Regulations 1977 by a
trade union recognized by their employer or
 representatives of employee safety elected under the Health
and Safety (Consultation with Employees) Regulations 1996, to
represent employees not covered by the 1977 Regulations; or
 Safety representatives elected under the Offshore Installations
(Safety Representatives and Safety Committee) Regulations
1989 are entitled to time off with pay to carry out their
functions and to undergo training.

 Time off for occupational pension scheme trustees

and directors of trustee companies

Employees who are trustees of an occupational pension scheme

(as defined in section 1 of the Pension Schemes Act 1993) or
directors of trustee companies are entitled to reasonable time off
with pay to carry out any of their trustee's duties or to receive
training relevant to those duties.

 Time off for employee representatives

Employees who act as representatives for consultation about
redundancies or business transfers, or are candidates to be
representatives of this kind, are entitled to reasonable time off with
pay during working hours to perform these functions and to receive
appropriate training.
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 Time off for activities relating to the Transnational

Information and Consultation of Employees
Regulations 1999

The Transnational Information and Consultation of Employees

Regulations 1999 implement the European Works Council Directive
in the UK. They set out requirements for informing and consulting
employees in undertakings or groups with at least 1000 employees
in European Union countries and at least 150 employees in each of
two or more of the Em’s member states. These regulations allow
employees reasonable time off with pay to perform their functions
as a member of a special negotiating body or a European Works
Council, as an information and consultation representative or as a
candidate in an election to be such a member or representative.

 Time off for activities relating to the Information

and Consultation of Employees Regulations

The above Regulations implement the EU Directive establishing a

general framework for informing and consulting employees. The
Regulations will come into force on 6 April 2005. They set out
requirements for informing and consulting employees in
undertakings with at least 50 employees. Initially the Regulations
will apply to undertakings with 150 employees and then to
undertakings with 100 employees (April 2007) and eventually to
undertakings with 50 employees (April 2008). Employees are
entitled to reasonable time off with pay to perform their functions as
negotiating representatives or information and consultation
representatives.

 Time off for study or training

Employees aged 16 or 17 who have not achieved a certain
standard in their education or training have the right to reasonable
time off with pay to study or train for a relevant qualification which
will help them towards that standard. Certain employees aged 18
have the right to complete study or training already begun. The
study or training can be in the workplace, at college, with another
employer or a training provider, or elsewhere.

There is no qualifying period of employment for the employee.

 Employee Rights

 Time off for job hunting or to arrange training when

facing redundancy

An employee who is being made redundant, and who has been

continuously employed by the same employer for at least two years,
is entitled, whilst under notice, to take reasonable time off with pay
within working hours to look for another job, or to make
arrangements for training for future employment..

 Anti-discrimination
Employers wanting confidential advice on equality issues can
either contact the Aces, or an adviser of the Race and Equality
Advisory Service.

 Sex and race

Under the Sex Discrimination Act 1975 (as amended), generally
employers should not discriminate on grounds of sex, marriage or
because someone intends to undergo, is undergoing or has
undergone gender reassignment. The Race Relations Act 1976
generally makes discrimination by employers on racial grounds
unlawful - that is, discrimination on grounds of race, colour,
nationality (including citizenship) or ethnic or national origins.

'Discrimination' means treating someone less favorably on any

of these grounds. It includes applying apparently neutral provisions,
criteria or practices, unless they can be objectively justified which,
though applied equally to all, have a disproportionately detrimental
effect on particular racial groups or on one sex or on married people
(as the case may be) and which cannot be shown to be justifiable
(for instance to be job-related). Discrimination also includes
victimizing someone who has made a complaint under these Acts or
under the Equal Pay Act 1970. These three Acts cover discrimination
by employers in recruitment, in all aspects of their treatment of
existing employees (including pay, training and access to
promotion) and when terminating employment.

There are limited exceptions; for instance, where a job has to be

done by a person of a particular sex or from a particular racial group
for reasons such as authenticity in dramatic performances. The Race
Relations Act does not apply, except for victimization, to people
 Employee Rights

employed to work in a private household. Both Acts permit

employers,
 Employee Rights

under certain conditions, to train employees of one sex or of a

particular racial group in order to fit them for particular work in
which their sex or racial group has recently been under-represented;
they may also encourage the under-represented sex or racial group
to take up opportunities to do that work.

Individuals' complaints under the employment provisions of these

Acts go to employment tribunals. The Equal Opportunities
Commission (EOC) and the Commission for Racial Equality (CRE)
both have statutory responsibilities in the employment field: they
can conduct formal investigations and have issued codes of practice
to help eliminate discrimination and promote equality of
opportunity.

The CRE Employment code of practice gives practical guidance

for employers and others on implementing policies to secure good
race relations in employment. It does not extend the law but it may
be used in evidence in Race Relations Act cases heard by an
employment tribunal, and if the tribunal considers the Code could be
relevant to a question arising in the proceedings, it must take it into
account.

 Equal pay
Employers must give men and women equal treatment in terms
and conditions if they are employed on 'like work', work rated as
equivalent under a job evaluation study, or work found to be of
equal value. Equal pay is, therefore, not restricted to remuneration
alone, but includes most terms in an employment contract. Terms
covering special treatment because of pregnancy or childbirth, or
reflecting statutory restrictions on the employment of women are
not covered.

Individuals may complain to an employment tribunal under the

Equal Pay Act 1970 up to six months after leaving the employment
to which their claim relates. They may claim arrears of remuneration
or damages.

A woman is employed on 'like work' with a man if her work is of

the same or a broadly similar nature, and any difference between
the things they do is not of practical importance in relation to their
terms and conditions of employment. It is for the employer to show
that any difference is of practical importance.
 Employee Rights

If it is established that the work is like work, or is rated as

equivalent, an employer may still show that any differences
between the man's and woman's contracts are genuinely due to a
'material difference' (other than the difference of sex) -
qualifications for example. If a claim is made under the equal value
provisions, the employer can also justify a difference in pay by
showing material factors not attributable to personal qualities - an
example could be the need to pay a computer programmer more
than a clerical supervisor because a good programmer could not be
obtained for less.

 Disability
Under the Disability Discrimination Act 1995 employers with 15 or
more employees must not discriminate against current and
prospective employees who have, or have had, a disability.
Discrimination occurs when, for a reason related to the person's
disability, an employer treats someone less favorably than he or she
would treat other people, and cannot justify this treatment. It cannot
be justified if, by making a 'reasonable adjustment' (see below), the
employer could remove the reason for the treatment. Discrimination
also occurs when an employer fails to make a 'reasonable
adjustment' for a disabled person, and cannot justify the failure.

From 1 October 2004, the employment provisions of the DDA will

apply to employers of all sizes. Changes are also being made to the
definition of discrimination, and discrimination on the grounds of
someone's disability will no longer be justifiable. Failure to make a
reasonable adjustment, and discrimination for a reason related to a
disability (rather than on the grounds of the disability itself) will still
be justifiable. Harassment because of disability is specified as being
unlawful.
 Employee Rights

A reasonable adjustment is any step or steps an employer

could reasonably take to prevent arrangements made by him/her or
physical features of premises occupied by him/her from putting a
disabled person at a substantial disadvantage in comparison with a
non-disabled person. The duty to make reasonable adjustments
applies to any aspect of employment, including the recruitment
process, access to training, promotion, access to work benefits or
facilities, and selection for redundancy. From October 2004, the
Disability Rights Commission will be empowered to take legal action
in respect of discriminatory job advertisements.

People who have, or have had disabilities and believe that is why
they have been discriminated against in employment matters may
make a complaint to an employment tribunal.

More detailed information and examples are available in The

Code of Practice for the elimination of discrimination in the
field of employment against disabled persons or persons
who have had a disability. Detailed information on the definition
of disability is available in Guidance on matters to be taken into
account in determining questions relating to the definition
of disability.

 Sexual orientation and religion or belief

The Employment Equality (Sexual Orientation) Regulations 2003
and the Employment Equality (Religion or Belief) Regulations 2003
make it unlawful to discriminate against someone or harass
someone on grounds of sexual orientation or religion or belief in
employment and vocational training. The Regulations apply in all
workplaces large or small throughout Great Britain, both in the
private and public sectors. The cover all aspects of the employment
relationship, including recruitment, pay, working conditions,
training, promotion, dismissals and references.
 Employee Rights

'Discrimination' means treating someone less favorably than

others because of their sexual orientation or their religion or belief.
It includes applying provisions, criteria or practices, which
disadvantage people because of a particular sexual orientation or
religion or belief unless they can be objectively justified.
Discrimination also includes victimizing someone who has made a
complaint under these regulations - for example, if someone made
formal complaint of discrimination or given evidence in a tribunal
case. 'Harassment' means unwanted conduct that violates people's
dignity or creates an intimidating, hostile, degrading, humiliating or
offensive environment.

The legislation covers perception of sexual orientation or

perception of religion or belief. So it protects people who are
assumed - correctly or incorrectly - to be of a particular sexual
orientation or to have a particular religion or belief. The legislation
also protects people who are discriminated against because of the
sexual orientation or the religion or belief of the people with whom
they associate, for example, their family and friends.

Similarly to sex and race legislation, there are certain exceptions

where a job has to be done by a person of a particular sexual
orientation or religion or belief, but these apply in a very limited set
of circumstances. In most cases, a complaint must be made to the
employment tribunal, though in cases involving institutes of further
and higher education proceedings must be brought in the county or
sheriff court.
 Employee Rights

Parental Legislation Act

 Maternity rights
All employees have the right not to suffer unfair treatment at
work on grounds of pregnancy or maternity. The document
Maternity rights brings together information on maternity leave,
maternity pay, protection from detriment or dismissal and the health
and safety at work of new and expectant mothers.

 Time off for antenatal care

All pregnant employees are entitled to time off with pay to keep
appointments for antenatal care made on the advice of a registered
medical practitioner, midwife or health visitor. Antenatal care may
include relaxation classes and parent craft classes. Except for the
first appointment, the employee must show the employer, if
requested, a certificate from a registered medical practitioner,
midwife or health visitor, confirming the pregnancy and an
appointment card or some other document showing that an
appointment has been made.

 Ordinary maternity leave

An employee is entitled to a period of 26 weeks' ordinary
maternity leave, regardless of her length of service. To qualify, she
must tell her employer no later than the end of the 15th week
before the expected week of childbirth:

 That she is pregnant.

 The expected week of childbirth, by means of a medical
certificate if requested.
 The date she intends to start maternity leave; this can
normally be any date which is no earlier than the beginning of
the 11th week before the expected week of childbirth up to the
birth.
Employee Rights
 Employee Rights

Her employer should in turn notify her of the date on which her
leave will end within 28 days of receiving her notification. If the
employer fails to do this, the employee may have protection against
detriment or dismissal if she does not return to work on time.
An employee can change the date she wants her leave to start as
long as she notifies her employer 28 days before the date she
originally chose or, if it is earlier, 28 days before the new date she
wants her leave to start.

During the 26 weeks, she is entitled to benefit from all her normal
terms and conditions of employment, except for remuneration
(monetary wages or salary); and at the end of it, she has the right to
return to her original job. If a redundancy situation arises, she must
be offered a suitable alternative vacancy if one is available. If the
employer cannot offer suitable alternative work, she may be entitled
to redundancy pay; but if she unreasonably refuses a suitable offer,
she could forfeit her right to redundancy pay.

A woman who qualifies for ordinary maternity leave and who

wishes to return to work before the date it is due to end must give
at least 28 days’ notice, unless her employer didn’t notify her of
when her leave should end.

 Additional maternity leave

Employees with at least 26 weeks' continuous service by the
beginning of the 14th week before the expected week of childbirth
are entitled to 26 weeks' additional maternity leave. Their contract
of employment continues but with limited terms and conditions.

The additional maternity leave period begins at the end of

ordinary maternity leave. This means a woman is entitled to be
away from her job for 52 weeks in total. She does not have to notify
her employer before the start of her ordinary maternity leave that
she also intends to take additional maternity leave. However, when
her employer notifies her of the end date of her leave, they will have
based their calculation on the assumption that, if she is entitled to
additional maternity leave, she will be taking it, and if she wishes to
 Employee Rights

return before she has taken her full 52 weeks' maternity leave she
must give at least 28 days notice.

At the end of additional maternity leave a woman is entitled to

return to her original job or, if this is not reasonably practicable, to a
suitable alternative job. If the employer cannot offer suitable
alternative work, she may be entitled to redundancy pay; but if she
unreasonably refuses a suitable offer, she could forfeit her right to
redundancy pay.

A woman who qualifies for additional maternity leave and who

wishes to return to work before the date it is due to end must give
at least 28 days' notice, unless her employer didn't give her
adequate notice of when her leave should end.

 Statutory Maternity Pay

A woman is entitled to Statutory Maternity Pay (SMP) if she has
been employed by her employer for a continuous period of at least
26 weeks ending with the 15th week before the expected week of
childbirth, and has average weekly earnings at least equal to the
lower earnings limit for National Insurance contributions. SMP can be
paid for up to 26 weeks. SMP is paid by the employer but is partly
(or, for small firms wholly) reimbursed by the state.

 Maternity Allowance
Women who do not qualify for SMP may be entitled to Maternity
Allowance (MA). MA may also be paid to the self-employed and
women who have recently left their jobs. MA can be paid for up to
26 weeks. MA is paid by the social security or Jobcentre Plus office.
To qualify, they must have been employed or self-employed for 26
weeks out of the 66 weeks before the expected week of childbirth
and have average weekly earnings of at least £30. For more
information, see details under statutory maternity pay (above).
 Employee Rights

 Dismissal or detriment in connection with

pregnancy

An employer may not dismiss an employee or select her for

redundancy on grounds related to pregnancy, childbirth or the fact
that she has taken or sought to take maternity leave or because she
does not return to work at the end of her leave in circumstances
where her employer gives her insufficient or no notice of when her
leave should end. A woman dismissed in these circumstances may
make a complaint of unfair dismissal, regardless of her length of
service. More information about unfair dismissal procedures can be
found in the document Employees also have the right not to suffer
detrimental (unfair) treatment on grounds of pregnancy, childbirth
or maternity leave.

 Maternity suspension
Employers must take account of health and safety risks to new
and expectant mothers when assessing risks in work activity. If the
risk cannot be avoided, the employer must take steps to remove the
risk or offer suitable alternative work (with no less favorable terms
and conditions); if no suitable alternative work is available, the
employer must suspend the mother on full pay for as long as
necessary to protect her health and safety or that of her baby.

The Health and Safety Executive booklet Management of Health

and Safety at Work (L21) contains the relevant regulations and
supporting code of practice, and the HSE booklet New and
expectant mothers at work (HS(G)122) gives further guidance to
employers about assessing health and safety risks to pregnant
employees.

 Parental leave
Employees who have completed one year's service with their
employer are entitled to 13 weeks' unpaid parental leave for each
child born or adopted. The leave can start once the child is born or
placed for adoption with the employee or as soon as the employee
has completed a year's service, whichever is later. It may be taken
at any time up to the child's fifth birthday (or until five years after
 Employee Rights

placement in the case of adoption). Parents of disabled children can

take 18 weeks up to the child's 18th birthday.

Employees remain employed while on parental leave and some

terms of their contract, such as contractual notice and redundancy
terms, still apply. At the end of parental leave they have the right to
return to the same job as before or, if that is not practicable, a
similar job which has the same or better status, terms and
conditions as the old job; where leave is taken for a period of four
weeks or less, the employee is entitled to go back to the same job.

Wherever possible, employers and employees should make their

own agreement about how parental leave will work in a particular
workplace. Such agreements can improve upon the key elements
set out above but they may not offer less.

Employees can complain to an employment tribunal if their

employer prevents or attempts to prevent them from taking
parental leave. They are also protected from dismissal or
detrimental treatment for taking or seeking to take it.

 Paternity leave
Employees who have worked continuously for their employer for
26 weeks leading into the 15th week before the baby is due and also
up to the birth of the child are entitled to take one or two
consecutive weeks’ paternity leave. To qualify, an employee must
be the biological father of the child or the mother’s husband or
partner and must have or expect to have responsibility for the
child’s upbringing. Leave must normally be completed within 56
days from the birth of the child and must be taken to care for the
child or support the mother.

The partner of an individual who adopts, or the member of a

couple adopting jointly who is not taking adoption leave may be
entitled to paternity leave. The qualifying conditions are similar to
those given above, except that he or she must have worked for their
employer for 26 weeks leading into the week in which the adopter is
notified of being matched with a child, and must continue to be
employed up to the date of placement of the child for adoption.
Leave must be completed within 56 days of the child’s placement.

During paternity leave employees are entitled to benefit from all

their normal terms and conditions of employment except for
 Employee Rights

remuneration (monetary wages or salary) and are entitled to return

to the same job at the end of their leave.

Employees can complain to an employment tribunal if their

employer prevents or attempts to prevent them from taking
paternity leave. They are also protected from dismissal or
detrimental treatment for taking or seeking to take it.

 Statutory Paternity Pay (birth and adoption)

During their paternity leave employees may be entitled to one or
two weeks’ Statutory Paternity Pay (SPP). The qualifying conditions
for SPP are the same as those for paternity leave but, in addition,
employees must have average weekly earnings at least equal to the
lower earnings limit for National Insurance contributions. SPP is
payable by the employer but partly (or, for small firms wholly)
reimbursed by the State. There is no equivalent benefit for
employees who do not qualify for SPP or for the self-employed but
there are special rules to allow fathers who are entitled to unpaid
paternity leave to claim Income Support.

 Adoption leave
Where a child is placed for adoption on or after 6 April 2003,
employees who have worked continuously for their employer for 26
weeks ending with the week in which they are notified of being
matched with a child for adoption will be eligible for up to 26 weeks’
ordinary adoption leave followed immediately by up to 26 weeks’
additional adoption leave. The right is available to individuals who
adopt or one member of a couple adopting jointly.

The employee is required to inform their employers of their

intention to take adoption leave within seven days of being notified
by their adoption agency that they have been matched with a child
for adoption, unless this is not reasonably practicable. They must
tell their employer:

 when the child is expected to be placed with them and

 when they want their adoption leave to start
Employers must respond to the notice within 28 days notifying
them of the date on which they expect them to return to work if the
full entitlement to adoption leave is taken. They can choose to start
 Employee Rights

leave from the date of the child’s placement or from a fixed date
which can be up to 14 days before the expected date of placement.

During ordinary adoption leave employees are entitled to benefit

from all their normal terms and conditions of employment except for
remuneration (monetary wages or salary) and are entitled to return
to the same job at the end of their leave.

During additional adoption leave the employment contract

continues and some contractual benefits and obligations remain (for
example, compensation in the event of redundancy and notice
periods). At the end of additional adoption leave employees are
entitled to return to their original job or, if this is not reasonably
practicable, to a suitable alternative job. If the employer cannot
offer suitable alternative work, the employee may be entitled to
redundancy pay; but if he or she unreasonably refuses a suitable
offer, she or she could forfeit his or her right to redundancy pay.

Employees who intend to return to work at the end of their full

adoption leave entitlement do not have to give any further
notification to their employers. Employees who want to return to
work before the end of their adoption leave period must give their
employers 28 days’ notice of the date they intend to return.

Employees can complain to an employment tribunal if their

employer prevents or attempts to prevent them from taking
adoption leave. They are also protected from dismissal or
detrimental treatment for taking or seeking to take it or if their
employer believed they were likely to take it.

 Statutory Adoption Pay

A person who is adopting a child is entitled to Statutory Adoption
Pay (SAP) if he or she has been employed by their employer for a
continuous period of at least 26 weeks ending with the week in
which they are notified by the adoption agency that they have been
matched with a child for adoption, and they have an average weekly
earnings at least equal to the lower earnings limit for National
Insurance contributions.

The right to apply to work flexibly and the duty on employers to

consider requests seriously
 Employee Rights

From April 2003, parents of children under six or disabled

children under 18 have the legal right to request flexible working
patterns and their employers will have a duty to seriously consider
their requests. In order to qualify for this right an individual must:

 be an employee;
 have a child under six, or 18 where the child is disabled;
 make the request no later than two weeks before the child’s
appropriate birthday;
 be responsible for the child as its parent;
 be making the application to enable them to care for the child;
 have worked for their employer continuously for 26 weeks at
the date the application is made;
 not be an agency worker or a member of the armed forces;
 have not made another application to work flexibly under the
right during the past 12 months.

Applications must be in writing. Information that must be

provided includes an explanation of what effect, if any, the
employee thinks the proposed change would have on the employer
and how, in their opinion, any such effect might be dealt with. The
employer must follow a defined procedure to consider the request.
In the first instance, they must ensure that they arrange to meet
with the employee to discuss the request within 28 days of receiving
the application. If the request is agreed, the new working pattern
forms a permanent change to the employee's terms and conditions.

Employers can reject an application where they have a clear

business reason to do so. Acceptable business grounds are specified
in law and an employer must provide a written explanation setting
out why the ground applies in the circumstances. Employees whose
applications are turned down will be able to appeal against their
employer’s decision, and in specific circumstances can take their
case to Aces Arbitration or an employment tribunal.
Employee Rights
 Employee Rights

Qualifying Condition

The contract

The legal relationship between employer and employee is one of

contract, based on common law principles. Statutes have
established a number of further rights for employees.

A contract of employment exists when an employer and

employee agree the terms and conditions of employment. This is
often shown by the employee's starting work on the terms offered
by the employer. Both are bound by the agreed terms. A contract of
employment need not be in writing, although contracts of
apprenticeship must be. Employees are entitled to a written
statement of the main particulars of their employment. This
statement is not in itself a contract but provides information on the
contracts main terms.

Many statutory employment rights are minimum terms. The

employer and employee are free to agree better terms between
themselves in a contract of employment or collective agreement.

When the terms of a contract of employment are not adhered to,

either the employee or the employer may have grounds to make a
complaint of breach of contract.

Written statement of employment particulars

Generally employers must give employees a written statement of

the main particulars of employment within two months of the
beginning of the employment. It should include, amongst other
things, details of pay, hours, holidays, notice period and an
additional note on disciplinary and grievance procedures.

Employees who are not given a written statement of employment

particulars by their employer or notification of a change in those
particulars, or who contest the accuracy of the written statement,
may refer the matter to an employment tribunal. Employers also
may refer a dispute about the accuracy of a written statement to an
employment tribunal. If the employment has come to an end, the
reference must be made within three months of the end of the
employment. The tribunal will decide what particulars the employee
should have been given.
 Employee Rights

Continuity and calculation of payments

Some of the individual employment rights described in this

document depend on an employee having worked a qualifying
period of continuous employment.

Normally only employment with the present employer counts

towards continuous employment. But there are certain
circumstances in which a change of employer does not break
continuity.

Whether those on Government-assisted courses of training in the

workplace are employees or workers will depend on the nature of
the relationship they have with the employer. If it is an employment
relationship, then their period of training may count towards the
period of continuous employment necessary for certain employment
rights

The rules for reckoning continuous employment, and also for

calculating a week's pay and tribunal awards arising from
employment rights, are summarized.

Entitlement and time limits

Normally various qualifying conditions must be fulfilled before a

right may be claimed. Some rights apply to all employees as soon as
they start work; others depend on factors such as length of service
and continuity of employment. For certain rights, various groups of
people are excluded.

If an employment right is denied or infringed, an employee can

normally claim a remedy by making a complaint to an employment
tribunal. This must be done within the time limit specified for the
particular right. In most cases, the time limit for a complaint is three
months after the date of the infringement of the right.

You should always check the rules on who qualifies for the
right and its time limit by referring to the relevant
employment legislation document.
 Employee Rights

Discipline &Their Factors

A condition in the organization when employees
conduct themselves in accordance with the organization
rules and standards of acceptable behavior. Thus discipline is
an part of employee rights because a employee must be in
discipline while performing a job to get an employee right.

 Factors to consider while Disciplining:

 Seriousness of the problem

How severe the problem is? As noted previously, dishonesty is
usually considered a more serious infraction than reporting to work
20 minutes late.

 Duration of the problem

Have there been other discipline problems in the past, and
over how long a time span? The violation does not take place in a
vacuum. A first occurrence is usually viewed differently than a third
or fourth offense.

 Frequency and nature of the problem

Is the current problem part of an emerging or continuing
pattern of disciplinary infractions? We are concerned with not only
the duration but also the pattern of the problem.

 Extenuating Factors
Are there extenuating circumstances related to the problem?
The student who fails to turn in her term paper by the deadline
because of the death of her grandfather is likely to have her
violation assessed more leniently than will her peer who missed the
deadline because he overslept.

 Management Backing
If employees decide to take their case to a higher level in
management, will you have reasonable evidence to justify your
decision? No disciplinary action is likely to carry much weight if
 Employee Rights

violators believe that they can challenge and successfully override

their manager’s decision.
The Progressive Discipline

Written
Written
verbal Suspensio
warning Dismissal
warning n

Process
 Written Verbal Warning
The first formal step in the disciplinary process. It is a
temporary record of a reprimand that is then placed in the manger’s
file on the employee. This written verbal warning should state the
purpose, date and outcome of the interview with the employee.

 Written Warning
First formal step of disciplinary process. This is because
the written warning becomes the part of the employee’s official
personnel file. This is achieved by not only giving the warning to the
employee but sending a copy to HRM to be inserted in the
employee’s permanent record.
 Employee Rights

 Suspension
A period of time off from work as a result of disciplinary
process. It is usually taken only if the prior steps have been
implemented without the desire outcome. Exception –where
suspension is given without any prior verbal or written warning-
occasionally occur if the infraction is of serious nature.

 Dismissal
A disciplinary action that results in the termination of
an employee. Dismissal should be used only for the most serious
offenses. Yet it may be only feasible alternative when an employee’s
behavior seriously interferes with a department or the organization’s
operation.
Fair & Unfair Dismissal

 Written reasons for dismissal

Employee who are dismissed and have completed at least one
year’s continuous employment are entitled to receive, on request
(orally or in writing), a written statement of reasons for dismissal
within 14 days. An employee dismissed during:

 her pregnancy or her ordinary or additional maternity leave

 his or her ordinary or additional adoption leave
It is entitled to a written statement of the reasons regardless of
his or her length of service and regardless of whether or not he or
she has requested it.

 Notice of termination
Both the employer and employee are normally entitled to a
minimum period of notice of termination of employment. After one
month's employment, an employee must give at least one week's
notice; this minimum is unaffected by longer service. An employer
must give an employee at least one week's notice after one month's
employment, two weeks after two years, three weeks after three
years and so on up to 12 weeks after 12 years or more. However,
the employer or the employee will be entitled to a longer period of
 Employee Rights

notice than the statutory minimum if this is provided for in the

contract of employment.

Most employees, subject to certain conditions, are entitled to

certain payments during the statutory notice period.

Employees can waive their right to notice or to payment in lieu of

notice; employers can also waive their right to notice. Either party
can terminate the contract of employment without notice if the
conduct of the other justifies it.

 Unfair dismissal
Employees have the right not to be unfairly dismissed. In most
circumstances they must have at least one year's continuous
service before they have this right. However, there is no length of
service requirement in relation to a number of 'automatically unfair
grounds' (see below). Also, the requirement is reduced to one month
for employees claiming to have been dismissed on medical grounds
as a consequence of certain health and safety requirements that
should have led to suspension with pay rather than to dismissal.

A complaint of unfair dismissal must be received by an

employment tribunal within three months of the effective date of
termination of the employment (usually the date of leaving the job)
unless the tribunal considers this was not reasonably practicable.
However, from 1 October 2004 the time limit for submitting some
tribunal claims will also be extended in certain circumstances to
allow statutory minimum dismissal, disciplinary and grievance
procedures to be followed.

If both the employer and employee agree, instead of going to an

employment tribunal, the case may be heard by an arbitrator under
the Aces Arbitration Scheme.

When hearing the complaint, a tribunal will first need to establish

that a dismissal has taken place. Once dismissal is established, it is
normally for the employer to show that it was for a legitimate
reason. Having established the reason for dismissal, the tribunal
 Employee Rights

must then in most cases decide whether in the circumstances the

employer acted reasonably in treating that reason as a sufficient
one for dismissal. The circumstances taken into account include the
size and administrative resources of the undertaking; but these
considerations do not apply if the tribunal finds that the dismissal
was on one of the grounds classed as automatically unfair, because
it was for one of the following reasons:

 pregnancy or any reason connected with maternity;

 taking, or seeking to take, parental leave, paternity leave
(birth and adoption), adoption leave or time off for
dependants;
 failure to return from maternity or adoption leave because the
employer did not give or gave inadequate notice of when the
leave period should end;
 taking certain specified types of health and safety action.
 refusing or proposing to refuse to do shop or betting work on a
Sunday;
 grounds related to rights under the Working Time Regulations
1998;
 performing or proposing to perform any duties relevant to an
employee's role as an employee occupational pension scheme
trustee or as a director of a trustee company;
 grounds related to acting as a representative for consultation
about redundancy or business transfer, or as a candidate to be
a representative of this kind, or taking part in the election of
such a representative;
 making a protected disclosure within the meaning of the Public
Interest Disclosure Act 1998;
 asserting a statutory employment right;
 grounds related to the national minimum wage;
 qualifying for working tax credit or seeking to enforce a right to
it (or because the employer was prosecuted or fined as a result
of such action);
 trade union membership or activities, or non-membership of a
trade union;
 taking lawfully organized official industrial action lasting eight
weeks or less (or more than eight weeks, in certain
circumstances);
 Employee Rights

 performing or proposing to perform any duties relating to an

employee's role as a workforce representative or as a
candidate to be such a representative for the purposes of the
Transnational Information and Consultation of Employees
Regulations 1999, or for taking, proposing to take or failing to
take certain actions in connection with these regulations;
 grounds related to trade union recognition procedures;
 exercising or seeking to exercise the right to be accompanied
at a disciplinary or grievance hearing, or to accompany a
fellow worker;
 grounds related to the Part-time Workers (Prevention of Less
Favorable Treatment) Regulations 2000;
 grounds related to the Fixed-term Employees (Prevention of
Less Favorable Treatment) Regulations 2002;
 a failure to follow the statutory dismissal procedure;
 From 6 April 2005, grounds related to jury service.

If the employment tribunal finds the dismissal was unfair, it will

order one of three possible remedies: reinstatement, re-engagement
or compensation. Orders for reinstatement or re-engagement
normally include an award of compensation for the loss of earnings.

 Fair dismissal
Dismissal is normally fair only if the employer can show that
it is for one of the following reasons:

 a reason related to the employee's conduct;

 a reason related to the employee's capability or qualifications
for the job;
 because the employee was redundant;
 because a statutory duty or restriction prohibited the
employment being continued;
 some other substantial reason of a kind which justifies the
dismissal.
 Employee Rights

Where the employer shows that the reason was one of these, the
tribunal has to consider whether the employer acted reasonably in
the circumstances by treating this reason as sufficient to dismiss the
employee. Among the circumstances it takes into account are the
size and administrative resources of the employer's undertaking.

It will also take account of whether the employer followed

appropriate disciplinary procedures. From 1 October 2004, when
statutory dismissal and disciplinary procedures come into force1,
where those procedures apply and are not treated as having been
complied with, a dismissal will be unfair if an employee is dismissed
without the procedure having been followed.

From the same date, however, if an employer fails to follow a

disciplinary procedure which goes beyond the statutory procedure,
that failure will not by itself make the dismissal an unfair one -
provided that properly following the procedure would have made no
difference to the decision to dismiss, and that the dismissal was fair
in all other respects. Dismissal on the grounds of redundancy is
unfair if the employee is selected for redundancy (when others in
similar circumstances are not selected) for any of the reasons listed
in the 'automatically' unfair (except dismissals in connection with
the right to be accompanied). It may also be unfair for some other
reason, such as the employer failing to give adequate warning of the
redundancy, or to consider the employee for alternative
employment.

National Minimum Wages Act

 National Minimum Wage
Workers are entitled to be paid at least the level of the statutory
National Minimum Wage (NMW) for every hour they work for an
employer. From 1 October 2004:

 the main NMW rate for those 22 or over is £4.85 an hour;

 the development rate for those aged 18-21 years old inclusive,
and also for older people receiving accredited training for up to
six months after starting a new job with a new employer, is
£4.10 an hour;
 Employee Rights

 There will be a new rate for those under 16 and who are above
school leaving age of £3.00 an hour.

The following do not qualify for the NMW: the genuinely self-
employed, genuine volunteers, apprentices under 19, apprentices
under 26 who are still within the first 12 months of their
apprenticeship, students doing work as part of their undergraduate
or post-graduate course, workers on certain training schemes,
residents of certain religious communities, prisoners, the armed
forces and share fishermen.

However, there are no exemptions according to size of business

or by sector, job or region. All workers including agency workers,
commission workers, part-time workers and casual workers must
receive at least the NMW.

Other than money, the only benefit that counts towards the NMW
is accommodation provided by the employer. From 1 October 2004
the amount that can be 'offset' is a maximum of £26.25 per week
(£3.75 per day).

From 1 October 2004, employers will have to pay their output

workers (including home workers) the NMW for every hour they work
or pay a fair piece rate that allows an average worker to earn the
NMW.
 Employee Rights

Employees may complain to an employment tribunal of unfair

dismissal, regardless of length of service, if they are dismissed
because they qualify for the NMW or because they seek to enforce
their right to it. Workers who are not employees may complain that
they have suffered a detriment if their contracts are terminated for
any of these reasons. Both employees and other workers are also
protected from other detrimental action or deliberate inaction by
their employer.

 Itemized pay statement

All employees are entitled to an individual written pay statement,
at or before the time they are paid. The statement must show gross
pay and take-home pay, with amounts and reasons for all variable
deductions. Fixed deductions must also be shown, with detailed
amounts and reasons. Alternatively, fixed deductions can be shown
as a total sum, provided a written statement of these items is given
to each employee in advance - or at the time - of issue of the first
pay statement showing the total sum, and after that at least once a
year.

A dispute relating to the itemized pay statement provisions may

be referred to an employment tribunal by either an employer or an
employee. If the employment has come to an end, the reference
must be made within three months of the end of the employment.

 Unlawful deductions from wages

The law protects individuals from having unauthorized deductions
made from their wages, including complete non-payment. This
protection applies both to employees and to some workers.

One of three conditions has to be met for an employer lawfully to

make deductions from wages or receive payments from a worker.
The deduction or payment must be:

 required or authorized by legislation (for example, income tax

or national insurance deductions); or
 authorized by the worker's contract - provided the worker has
been given a written copy of the relevant terms or a written
explanation of them before it is made; or
 Employee Rights

 Consented to by the worker in writing before it is made.

Protections for individuals in retail work make it illegal for an
employer to deduct more than 10 per cent from the gross amount of
any payment of wages (except the final payment on termination of
employment) if the deduction is made because of cash shortages or
stock deficiencies. Workers who believe they have suffered an
unlawful deduction from wages can make a complaint to an
employment tribunal.

 Guarantee payments
Certain employees are entitled to a guarantee payment for up to
5 days in any 3-month period. This is payable for days on which they
would normally be expected to work under their contract of
employment, but throughout which their employer has not provided
them with any work (because of, say, reduced demand or lack of
raw materials).

Payment does not have to be made if:

 the employee has not completed one month's continuous

employment with the employer;
 the employee unreasonably refuses suitable alternative work;
 the employee does not comply with the employer's reasonable
requirement to be available to work;
 the short-time or lay-off results from a strike, lock-out or other
industrial action involving any employee of the employer or of
an associated employer.

If the employer makes a payment in respect of the workless day

under the employee's contract of employment, it is offset against
the liability to make a guarantee payment for that day.

 Redundancy pay
Employers have to make a lump-sum 'redundancy payment' to
employees dismissed because of redundancy. The amount is related
to the employee's age, length of continuous service with the
employer, and weekly pay up to a maximum - the current maximum
is shown in the document. The employer must also provide a written
statement showing how the payment has been calculated; at or
before the time it is paid.
 Employee Rights

Service under the age of 18 does not count. Employees who have
not completed two years' continuous employment are not entitled to
a redundancy payment. Entitlement is reduced from age 64 and
ceases at the age of 65, or at the normal retirement age for the job
if that is below 65. The maximum number of complete years' service
used in calculating redundancy payments is 20.

Redundant employees may not be entitled to a payment if they

are offered a new job with the same employer, an associated
employer or a successor employer who takes over the business -
provided the new job is offered before the old employment contract
expires and starts within 4 weeks. If the new job differs, wholly or
partly, in capacity, place, terms or conditions, an employee can put
off the decision to accept it for a 4-week trial period; where
retraining is necessary, this period may be extended by written
agreement.

At the end of the trial period, if the employee is still in the job, he
or she is regarded as having accepted it. Employees who reject the
new job before the end of a trial period, because it turns out not to
be a suitable alternative to the old job, or for good personal reasons,
are considered to be redundant from the date the original
employment ended. But if a redundant employee unreasonably
refuses a suitable offer of alternative employment, no redundancy
payments will be due.

Any dispute about whether a redundancy payment is due, or

about its size, can be determined by an employment tribunal.

There are special provisions for employees whose remuneration

under their contract of employment depends on their being provided
with work and who are laid off or kept on short time.

If the employer makes a satisfactory redundancy payment at or

soon after the date of dismissal, there is no need for the employee
to submit a formal claim. In any other case, if the employee does
not make a written claim for a redundancy payment to the employer
or make an application to an employment tribunal within six months
from the date the employment ended, then in most cases the
employer is no longer obliged to make a payment.
 Employee Rights

 Insolvency of the employer

Employees who have been dismissed can receive payments of
certain debts (within limits) owed to them by an employer who is
formally insolvent, as defined in the legislation, from the National
Insurance Fund.

These debts include arrears of pay for a period of at least one

week but not exceeding 8 weeks in all; holiday pay for up to 6
weeks; compensation for the employer's failure to give them proper
statutory entitlement to notice, and any basic award of
compensation for unfair dismissal. 'Pay' includes commission,
overtime and bonus payments if these are contractual payments;
guarantee payments; statutory payments for time off work or
suspension on medical or maternity grounds; and any protective
award made by an employment tribunal because the employer
failed to inform or consult the employee's representative about a
collective redundancy. All these debts are subject to a maximum
weekly limit which is revised each year

The employee should normally first apply for payment to the

insolvent employer's representative (for example, the liquidator,
receiver or trustee) who will provide the necessary forms and will
then pass the completed application to the Redundancy Payments
Service. Payment is normally made direct to the employee.

There are also some safeguards for occupational pension rights:

trustees of occupational pension schemes may apply to the
employer's representative for payment from the National Insurance
Fund, within certain limits, in respect of relevant contributions which
remain unpaid at the date of the employer's insolvency.
 Employee Rights

Employee Counseling

A Process whereby employees are guided in overcoming

performance problems. In employee counseling, the manager must
attack the inappropriate behavior, not the person. Whenever an
employee exhibits work behaviors that are in consistent with the
work environment such as fighting, stealing, and unexcused
absence or is unable to perform his or her job satisfactorily, a
manager must intervene. In these situations this is done through a
process called employee counseling. The purpose of employee
counseling is to uncover the reason for poor performance, a
response that must be elicited from the employee.
 Employee Rights

Safety & Health

-: Safety:-
Safety means freedom from the occurrence or risk of
injury or loss. Industrial safety or employee safety refers to the
protection of the workers from the danger of industrial accidents. An
accident, then, is an unplanned end uncontrolled event in which an
action or reaction of an object, a substance, a person or a radiation
result in personal injury.
Need for safety :-

 Cost saving
Two types of cost are incurred when an accident occurred.
Direct cost, inform of compensation payable to victim, medical
expense etc. other cost is hidden cost which management cannot
avoid it includes loss on account of down-time of operators, slowed
up production rate, material spoiled and damaged to equipment etc.

 Increased productivity
Safety plants are efficient plants. To a large extent, safety
promotes productivity. Employees is safe plants can devote more
time to improvising the quality and quantity of their output and
spend less time worrying about their safety an well being.

 Legal
There are legal reasons too for undertaking safety measures.
There are laws covering occupational health and safety, and
penalties for non-compliance have become quite severe. The
responsibilities extents to the safety and health of the surrounding
community too. There are some civil laws for safety measures.

 Morale
Safety is important on human ground too. Management must
undertake accident prevention measures to minimize the pain and
suffering their injure worker and his or her family are often exposed
to as a result of the accident. An employee is a worker in the factory
and the bread-winner for his family. The happiness of his family
depends upon the health and well-being of worker.
 Employee Rights

-: Health :-
The well being of employee in an industrial establishment is
affected by accidents and by ill health-physical as well as mental.

We propose to examine employee health for the following

angles:

 Physical Health
 Mental Health
 Noise Control
 Job Management
 Alcoholism
 Drug Abuse & Violence in work place
 Physical health
Ill health of employees result in reduced productivity, hire
unsafe acts, increased absenteeism etc. A healthy worker, on the
other hand produces results opposite to these. The worker who is
healthy is always cheerful, confident looking and is an invaluable
asset to the organization.

 Mental Health
Three reasons may be given for mental health of an
employee. First, mental breakdowns are common in days because of
pressure and tension. Second, mental disturbance of various types
result in reduced productivity and lower profit for the organization.
Third, mental illness takes its tolls through alcoholism, high
employee turn over and poor human relationship

 Noise Control
Noise control- an age old problem not tackled till now.
Long exposure to excessive noise impairs the hearing of employees.
The level and duration of noise and the exposure that is likely to
 Employee Rights

cause deafness varies from person to person. But in most industrial

operation noise level exceeds to the agreed nom.

 Job Stress
Stress is defined as an adaptive response to an external
situation the result in physical, physiological and behavioral
deviation for organizational participants. Stress can manifest itself in
both positive and negative ways.

 Alcoholism
The effect of alcoholism on the worker and on the work is
serious. Both quality and quantity of work decline sharply. An
alcoholic worker is more unlikely to observe safety precaution while
on the job or off the job. Morale of other worker is likely to suffer as
they are required to do the work of their alcoholic peer.

 Drug Abuse
Drug usage usually falls into on of the three categories:
marijuana abuse, prescription abuse and hard-drug abuse.
Employees who are drug addicts are often much more difficult to
detect than alcoholics-liquor is easy to smell but not drug addict.

 Violence in the work place

Those who are at high risk of violence are taxi drivers,
police officers, retail workers etc. violent incident includes fist fight,
shooting, stabbing etc. violence disrupts productivity, caused untold
damage to those exposed, and costs employers millions of rupees.

The employee also has rights in following three

aspects:-

 Promotion
 Transfer
 Separation
 Employee Rights

Conclusion

Employee rights helps employee to do his job freely.

Thus in each an every organization employee rights play
an important role. Each employee in an organization must
have equal rights, equal payment rights, minimum wages
right, safety right, healthy right etc. Employee also has a
right during his promotion transfer and separation. Thus if
company does not follow any right which is of an employee
than an employee can do legal things against that
company. For employee rights there are various acts
passed on it.
 Employee Rights

Bibliography

 Sites :-

 www.vakilno1.com
 www.employeerights.com

 Books :-

 Human Resource & Personal

Management By –K.Aswathappa

 Human Resource Management

By – Stephen P. Robins