DUTIES

 

The Labour law of India describes many rights and duties of employee and employer. These rights and duties are enforceable by Law.

 

All labour laws are not applicable on all employers. The employer is bound to do duties only under Laws applicable on it.

 

EMPLOYERS DUTIES

LABOUR DUTIES

 

EMPLOYERS DUTIES:

 

1.         To maintain records: Almost all labour laws have mentioned to keep some record by employer. It is his duty to maintain them.

 

2.         Returns: -Many Labour Laws have prescribed different returns to be submitted by employer to different departments. Related to Labour Laws. Employer has to file those returns within specified time.

 

3.         Notices: - Many Labour Laws had made it mandatory for an employer to exhibit different notices mainly at working place. Employer has to exhibit those notices.

 

4.         Welfare and Security: - Labour Laws also prescribe various welfare and security measures for labour. These measures are to be taken by employer.

 

5.         Minimum and timely Wages: - Employer is legally bound to pay minimum wages as fixed by law. He is also bound to pay them timely as per law.

 

6.         Working Hours: -Employer can take work only hours fixed by law. He cannot take work for more time.

 

7.         Paid Holidays-Paid Leaves: -Different Labour Laws prescribed for paid holidays and paid leaves for employees. The number of such holidays is also given in the relevant laws.

 

8.         Equal Pay: - Man and Woman are to be paid equal pay for same work

 

9.         Compensation: - In case of any accident etc; during duty Employer has to pay compensation to Labour. Workman Compensation Act mainly deals with this subject. In case employee establishment is covered under E.S.I. this compensation is paid by E.S.I.

 

10.       Timely payment of employee’s welfare schemes dues:  - It is the duty of employer to pay dues of employers welfare scheme in time. PROVIDENT FUND, E.S.I. and Gratuity Insurance are the main general schemes.

11.       Other benefits: -        It is the duty of employer to pay employee their benefits under law as Bonus, Gratuity Maternity benefit etc; as applicable under different labour laws.

 

12.       Inspection. - It is the duty of employer to allow Inspector to conduct Inspection as authorised by laws.

 

13.       Registration under different Acts: - Many Labour Laws prescribe registration under them. Such as Factory Act, Contract Labour and Migrant Labour related laws.

 

14.       Approval: -Some laws also make it duty of employer to get approval such as approval of standing orders. These laws are also to be adhered.

 

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LABOUR DUTIES:

 

Many of the duties of labour are also derived from various courts decision also.

 

1.         Absent: - An employee has to be punctual on work. He should absent from duty after getting his leave duly sanctioned. If he is entitled for such leave under some law which do not require prior sanction. [Medical /Casual Leave] then he does not need prior sanction but other relevant provisions of these laws are to be complied.

 

2.         Late coming:-It is the duty of employee to reach at working place in time.

 

3.         No private work during working hours, No employee is permitted to do his private work during duty hours. He has to do duty work only.

 

4.         Work at designated place: -The employee is duty bound to work at place designated by Employer or his authorised person

 

5.         To comply Terms of Employment: -The employee is legally dutiful to comply terms and conditions of employment.

 

6.         Careful and efficient: - An employee has to work carefully and efficiently during his duties.

 

7.         To obey superior orders: - An employee is bound to obey all lawful orders of superiors related with his employment;

 

8.         No assault, insult or abusive: – Employee cannot assault or insult his superiors or other employees. It is his duty not to use any abusive language.

 

9.       No gambling – Sleeping- Drinking on duty: - An employee has duty not to gamble, sleep .10., or drink during duty.

 

10.       No Union Activity in Premises:- The employees  has not to do any trade union activity within the premises of the ,establishment

 

11.       To remain outside during strike: The employees have to remain outside the premises of establishment during strike.

 

12.       No fraud: -This is the duty of employee to commit no fraud.

 

13.       No go slow –A worker is dutiful to work efficiently. He is not allowed to work slowly.

 

14.       No Eve teasing with women: - An employee has to behave nicely with women. He is not allowed to tease / molest the women.

 

15.       No damage to property: -An employee is duty bound not to damage employers property.

     

This list is very lengthy and we have given major points. Breach of any duties by employee is misconduct and liable for action.

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