The beginning of your first job is both exciting and overwhelming. Although performing well is the focus, employee rights may be easily ignored by workers. But what is imperative is that you understand your fundamental workplace entitlements as they make work fair, safe, and productive.

Here are 5 core employee rights that every fresher in India should be aware of before joining the workforce.

5 Employee Rights For Freshers


1. Minimum Wage

The Minimum Wages Act 1948 bestows upon Indian workers the right to get at least the minimum rate determined for their occupation and location. Minimum wages are fixed by the central or state governments and reviewed every six months. There are variations across states, skill levels, sectors, and municipal areas. The wage rate depends on aspects like the employees experience, skill set, and location.

As an illustration, the daily minimum wage for an unskilled construction worker in Delhi is ₹587 while that of a non-technical graduate working in Gujarat’s municipal areas is ₹11,622 monthly. All organizations must pay their employees at least the minimum wage required. Starting salaries of fresh graduates are much lower than minimum wages during campus placements and starting new jobs. But this is prohibited, freshers should get at least minimum wages as per the governments instructions.

Research the current minimum wage in your city and sector before accepting a job offer. Negotiate strongly when the proposed salary isn’t enough. Inform authorities if violations continue. Whilst the minimum wages give standard living for the workers, move for much more based on ability. And do not ever allow employers to use you by paying less than the legal wage.

2. Overtime Pay

In the Factories Act 1948, the normal maximum workweek is 48 hours, i.e. 8 hours a day for 6 days a week. All other hours worked are now, in effect, overtime and governed by government regulations for the payment of the additional wages. The Factories Act also mandates that workers should be given 1 day off per week.

If you are supposed to work 10 hours daily or on weekly offs, then it will warrant overtime pay exceeding the ordinary rates. For example, in Maharashtra, overtime pay is double the normal hourly rate. In Kerala, overtime on weekdays is 1.5 times the hourly pay while on weekends/holidays, it is double. Rules vary across states.

Most employers make freshers work long hours without paying overtime by saying it will be good for their careers. Do not shy away from claiming your right to overtime compensation whenever you have put extra hours in as mandated by the government. Track all overtime diligently and follow up if the compensation is denied. It is also within your rights to say no when extra overtime is being forced on you but without pay.

3. Safe Workplace

All staff members have a right to a place of work that is safe and clean with implemented safety and health policies. The Occupational Safety, Health, and Working Conditions Code 2020 makes it obligatory for companies to minimize workplace risks: The subjects also included fewer than elderly people.

  • Fire, chemical, or collapse hazards
  • Poor ventilation, lighting, or ergonomics
  • Also, the food adulteration, if the cafeteria supplied it.
  • Unsanitary washrooms
  • Dehydration, absence of first aid and emergency services, etc.

They should provide protective gear like helmets, gloves, tunics or unform, etc. as the case demands. Young engineers at factories, reporters at war theaters, and doctors performing operations carry high risks, thus, they require protection. For the employees in both job types, there also is a right to first aid kits and clean facilities at the office.

Do not let employers neglect health, safety, cleanliness, or ethics at work while cost-cutting. The most important thing to you is your life and health Report any violations to HR or the respective government department. Now the freshers dare to ask for a better workplace after knowing this safety law.

4. Prevention From Workplace Harassment

Unfortunately, workplace harassment like bullying, discrimination, and sexual harassment is ubiquitous and usually targets freshers who are less aware of redressal options. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 covers all employees and requires the establishment of appropriate complaint mechanisms in organizations.

The law defines sexual harassment broadly, covering: During the last years of the 20th century, the balance shifted in favor of the undeveloped countries.

  • Unwanted sexual advances, requests for sex, dirty jokes, gestures, emails, calls, etc.
  • Displaying porn or making obscene remarks
  • Compulsory display of love or touch
  • Following, listening, sounds of sexual crawling
  • An implied or explicit threat of reprisals if non-compliance.
  • Any sexual conduct that makes you feel uncomfortable

In addition, the Supreme Court Vishaka Guidelines prevent all types of workplace harassment - physical, verbal, and emotional - irrespective of gender.

If you are being harassed as a fresher, inform the person harassing you to stop, report to the higher-ups in writing, contact the Internal Complaints Committee if available, and approach external bodies like the police if necessary. Stay strong and be bold. You are entitled to a harassment-free workplace.

5. On-Time payments & Transparent Terms

The other non-negotiable right is the on-time payment of salaries and a clear definition of the pay package when you join an organization. Payments of salaries under the Payment of Wages Act 1936 are to be made within the first seven days of every month. If the company adopts a bi-weekly or weekly system, the wages are due within 2-7 days.

When it comes to remuneration, irrespective of company profits or losses, postponing payouts is illegal. Many newbies feel uncomfortable pursuing delayed salary but it is unethical to deny your dues. If payment day comes and goes without salary credit, take it immediately to the finance department and the top management. Seek help from outside if required.

Similarly, your offer letter along with the contract needs to mention the salary amount, frequency of payments and increments, incentive structures like bonuses or commissions, deductions, taxes, workplace policies, and other employment terms to keep it clear with no ambiguity. Never sign contracts that you do not understand - ask questions and get explanations.

For new starters, knowing your workplace rights is an empowering place to begin. Don’t let atrocity or mistreatment go unchallenged. Keep your guard up, speak out and bank on the law to have the right employer-employee tie. Always keep the mentioned objectives at the front of your mind as you practice your rights.

Latest Category Jobs
Job InformationApply Job

Research Analyst(1-6 years)

UpMan Placements Private Limited

Data Analyst(3-5 years)

Teleperformance

Business Analyst II(0-3 years)

FIS Global Business Solutions India Private Limited

Senior Data Analyst(4-5 years)

Razorpay

Business Analyst(0-3 years)

Mount Talent Consulting

Data Engineer: Master Data Management(2-6 years)

IBM

Conclusion

Transitioning from college to career is exciting yet tough for the newest entrants. While anticipating new ventures, have as well the knowledge about the employees’ fundamental rights. Regardless of position, do not sacrifice your fundamental rights such as minimum wage, overtime pay, workplace safety, protection from harassment, and timely salary. Know your rights very well before accepting any job offer.

Open platforms like rozgar.com make this task simpler, giving transparency into a company’s policies, work culture, and compliance even before being hired. The AI algorithms pair newcomers with employers famous for fair practices, decent starting salaries, and superb work atmosphere. You can concentrate on playing your part while they guarantee you start working with employers that observe employee rights and ethics. Aware and equipped, fresh graduates get jobs where they can be valued, looked out for, and motivated to move up.

Do not forget to check our website for more such information!

Frequently Asked Questions

The contract won’t override the law. Any clauses that violate the rights of employees as provided by the law will be null and void irrespective of your signature.

You should report it as per the company policy and then loop in IC. Complaints can be addressed internally if not redressed by police.

Overtime pay rates are in line with the individual states and the range from 1.5 to twice the regular hourly pay.

No, distinctions without justifiable reasons or due process are illegal as per the Industrial Disputes Act 1947.

Yes, you can contact the Labour Commissioner for support or complaints relating to violation of workplace rights,

    Share Blogs

Create Your Free Job Alert