Advocate Radha Raman Roy
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Employment Rights Law in Patna, India, falls under the purview of broader Indian labour legislation and standards set by the Indian Constitution, central and state government rulings, and various acts pertaining to labor regulation. It encompasses a broad area which includes wages, working hours, health and safety, anti-discrimination statutes, child labor prohibitions, and more. These laws extend to both the private and public sectors, with the goal of ensuring fair treatment and a safe working environment for all employees.
An employment lawyer can be particularly beneficial in situations where your rights as an employee have been violated. You may need legal help in cases of wrongful termination, sexual harassment claims, issues related to wages or overtime pay, workers’ compensation claims, discrimination claims or contract disputes. An attorney can provide guidance and advocacy, ensuring that your rights are protected and that you receive what you are entitled to under the law.
In Patna, as in the rest of India, several laws protect worker's rights. The Trade Unions Act, 1926, allows workers to form and join unions; the Equal Remuneration Act, 1976, prohibits salary discrimination based on gender; the Maternity Benefit Act, 1961, ensures maternity welfare to working women; the Shops and Establishment Act, provides for welfare of workers employed in shops and establishments within Bihar. Labour welfare organizations in Bihar also offer various services and benefits to workers including medical care, education, housing and more.
Some of the fundamental rights include fair wages, timely payment, safe working conditions, right to form unions, and the right to be free from harassment and discrimination.
While the "at-will" employment rule doesn't exist in India, your employment can be terminated as outlined by your employment agreement and the law. Illegal terminations can be challenged in court.
Yes, contract laborers' rights are protected under the Contract Labour Act of 1970, as long as they are working through a contractor for an establishment that employs 20 or more people. However, the protections afforded to full-time employees may not extend to freelancers.
You can approach the local labour commissioner or the appropriate national or state commission, depending on the nature of the issue and extent of violation.
Yes, the Factories Act,1948 and the Shops & Establishment Act mandates that employers pay employees at least twice the amount of their regular pay rate for overtime work.
The Maternity Benefit Act, 1961, protects the employment rights of women during maternity and provides paid maternity leave, medical bonuses, and other benefits.
No, the Equal Remuneration Act, 1976, prohibits pay discrimination on the basis of gender.
Yes, the Trade Unions Act, 1926, allows workers to form and join unions, and protects union members from discrimination and unfair labor practices.
If you have an accident while working, you may be covered under the Workmen's Compensation Act, 1923. Damages are calculated based on the severity of the injury and the employee's salary.
Several laws regulate employment including the Minimum Wages Act, 1948; Workmen's Compensation Act, 1923; Factories Act,1948; Shops & Establishment Act; Equal Remuneration Act 1976, among others.
Additional resources for those seeking information on employment rights in Patna, India include The Ministry of Labour and Employment, Central Labour Institute, The Equal Remuneration Act, 1976, and the Workers' Compensation Act, 1923. These can provide greater understanding of employee rights and regulations.
If you believe your employment rights have been violated or you need legal advice, you should contact a legal professional who specializes in Employment Rights. You can reach out to the local bar association in Patna or organisations like the Bihar Labour Department for referrals to appropriate legal professionals.