Theme: Labour & Employment

Work Environment after Filing a Sexual Harassment Complaint

Victims of sexual harassment are entitled to specific kinds of remedies that can safeguard their work environment, and make it more comfortable for them to continue working. If you are a victim of sexual harassment you can write to the Complaints Committee to ask them to make your place of work safer by(( Section 8, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.)):

  • Stopping the person who has been accused from reporting on your work performance and writing confidential reports about your performance and choosing someone else to do it.
  • Stopping the person who has been accused from supervising you if the sexual harassment incident happened in an academic setting.

Documents for Prospective Employer

Before you are appointed, employers may ask you to submit some documents to check whether you are eligible for the job. Some of them are:

Documents from Old Employer

Relieving Letter (if applicable)

Your employer may ask you to get a signed document from your previous employer stating that you are no longer associated with them. This safeguards the employer from disputes in case a new employee has not terminated the agreement with the previous employer.

Work Reference

Your prospective employer may ask you for a work reference by either before the interview stage or after you accept the job offer. A work reference would usually be a contact you give of your ex-employer, who can verify and explain the quality of your work and your character while at work. The employer may ask for the reference in the form of a letter or they may contact the referees directly.

Payslips

Some employers ask for a copy of the payslip given by the previous employer to double check how much you were earning in your previous office to determine your salary in the new job.

Resume and Other Documents

Resume/CV

Your employer will ask for your latest resume or curriculum vitae with all the details of your work experience and education.

Educational Certification/Documents

For HR purposes and documentation of employees, some employers may ask you for proof of education such as school certificate, college graduation certificate, higher studies certificate, etc.

Identity Proof Documents

Government-Authorized Identity Proof

Most employers ask you for passport-sized photographs and a copy of the identity proof such as Aadhar, passport, driving licence, etc. for assurance of your identity and documentation purposes.

Police Clearance Certificate

Sometimes employers may ask employees to do a police verification to check for previous or existing criminal records. Some states, like Delhi, have this provision online. Otherwise, if your employer does not help you, then you may have to go to a police station yourself and request for the police clearance certificate from the police officer and submit it to your employer.

Documents for Salary Account

Bank Details

Your employer will ask either for your bank details or set up a new bank account for you, so that they can transfer your salary to that account.

Responsibilities while employing Child Artists

The following are the responsibilities of the employer when it comes to employing child artists:

Education

You should make sure that the child is given proper education while doing his or her work as an artist. The Act specifically states that all measures must be taken so that the child does not discontinue going to school.

Income

You should make sure that 20% of the income that has been earned by the child as an artist, should be deposited in a fixed account in a nationalized bank and once the child becomes 18 years of age, he or she can reclaim the money.

Consent

The most important criteria is that if a child is uncomfortable and does not want to participate in an activity or sport, the child should not be forced into the action against his or her will and consent.

When should employers pay wages?

Employers can fix the wage period for employees as daily, weekly, fortnightly or monthly (no wage period can be more than a month).

 

Employees engaged on: When the wages are paid((Section 17, Code on Wages, 2019.)):
Daily basis At the end of the shift
Weekly basis Last working day of the week
Fortnightly (14 days) basis Before the end of the second day after the end of the fortnight
Monthly basis Before the end of the seventh day of the following month

 

If an employee is removed, retrenched, or has resigned from service, or became unemployed, the employer will pay their wages within two working days.

Complaining against a Pharmacist

Any complaint with regard to professional misconduct of a pharmacist can be brought either before the State Pharmacy Council or Pharmacy Council of India for disciplinary action.(( Regulation 14(a), Pharmacy Practice Regulations, 2015)) Every State Government is required to set up a State Pharmacy Council.(( Regulation 14(b), Pharmacy Practice Regulations, 2015)) States are also free to form Joint State Councils with mutual agreement.(( Section 19, Pharmacy Act, 1948)) The list of all State Pharmacy Councils in India can be found here.

Procedure to complain

The procedure for filing a complaint against a registered Pharmacist may vary from state to state. This is because they are determined by the respective State Laws and in few states such as Kerala,(( Kerala State Pharmacy Council Rules, 2012)) Tamil Nadu,(( Tamil Nadu Pharmacy Council Rules, 1953)) and Maharashtra,(( Maharashtra State Pharmacy Council Rules, 1969)) you would require to submit your complaint in writing to the Registrar of the State Pharmacy Council and the grounds of the complaint also has to be stated.(( Rule 85, Kerala State Pharmacy Council Rules, 2012; Rule 90, Tamil Nadu Pharmacy Council Rules, 1953; Rule 63(3), Maharashtra State Pharmacy Council Rules, 1969))

Generally, the complaint should state the description and address of the complainant. This is because the complaint does not have a provision for anonymous complaints. If any information in the complaint is not within the personal knowledge of the complainant, the source of such information and the reasons why the complainant believes it to be true must be clearly stated.(( Rule 63(4), Maharashtra State Pharmacy Council Rules, 1969;Rule 86, Kerala State Pharmacy Council Rules, 2012; Rule 91, Tamil Nadu Pharmacy Council Rules, 1953))

Punishing a Pharmacist

Once a complaint is received, the appropriate Pharmacy Council will hear the practitioner. If they are found guilty, then the Council will provide a punishment.

The punishment is determined by the Council and it can even direct removal of the name of the practitioner from the corresponding register altogether or for a specified time period. This means that the pharmacist will not be able to practice for that period.(( Regulation 14(b), Pharmacy Practice Regulations, 2015))

Fired during Maternity Leave

You cannot be dismissed or fired by your employer during or due to your maternity leave. (( Section 12(1), The Maternity Benefit Act, 1961.)) Keep in mind:

  • During your maternity leave, your employer cannot change your condition of work to your disadvantage. For example, your employer cannot demote you at work just because you took maternity leave.
  • If you are fired or dismissed during your pregnancy, you are eligible to receive maternity benefit or medical bonus.
  • Your employer cannot cut your salary based on the fact that you requested and did non-strenuous work during your pregnancy. Even for reasons such as taking nursing breaks, your employer cannot cut your salary. (( Section 13(b), The Maternity Benefit Act, 1961.))

You can only be dismissed or dis-entitled to your maternity benefit in cases of gross misconduct. (( Proviso, Section 12(2)(a), The Maternity Benefit Act, 1961.)) Gross misconduct means deliberately destroying an  employers’ property, assaulting other employees, fraud concerning the employers’ work, etc. (( Section 8.The Maternity Benefit (Mines and Circus) Rules, 1963))

Punishment for Sexual Harassment

The law does not have a single punishment for all cases of Sexual Harassment at the workplace. Instead, the Committee investigating will recommend that the victim‘s employer act according to the service rules of their workplace, if it has them(( Section 13(3)(i), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)). If you have an employee handbook, please refer to that to see how your employer punishes sexual harassment. If the workplace does not have service rules, then the Committee will recommend that the District Officer take action. As punishment, an offender may(( Section 9, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.)):

  • Have to give a written apology
  • Be denied a raise/promotion/increment
  • Have to do community service
  • Be given a warning or censure
  • Lose their job
  • Have to get counselling

Whether or not the workplace has service rules, the Committee can also recommend that the employer take a certain amount from the offender’s salary/wages so that compensation can be paid to the woman who was harassed. If the employer cannot take money from the offender’s salary because they are not working or have left work, the Committee can order the offender to pay the victim directly. If the offender does not pay the compensation, then the Committee can ask the District Officer to get the money from the offender(( Section 13(3)(ii), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)).

Content of an Employment Contract

In order to safeguard all your rights as an employee, you should make sure:

  • You have a written employment contract. It is easier to resolve any disagreements or disputes if you have all the terms in writing.
  • You have read all the terms mentioned in your contract. You are legally bound to comply with the terms after signing it. These terms decide your role and responsibility with the new employer. If you want your employer to add or modify anything in the terms of your contract, you must discuss it before signing the agreement.

HR Policy

It is not necessary that all the terms will be in your employment contract. Sometimes they may be mentioned in the HR policy of your organization. It is necessary for you to read and be informed of all the policies, in order to avoid any dispute with your employer and assert your rights.

Written Contracts

The following details are included in most written contracts:

  • Your Official Name
  • Head of the Organization’s Name
  •  Organization Name
  •  Job Description
  •  Employment Period
  •  Working Hours
  •  Salary
  •  Other allowances
  •  Holidays
  •  Leaves
  •  Insurance
  •  Confidentiality terms
  •  Non-compete terms
  •  Non-solicitation terms
  •  Dispute Resolution Method/ Remedies like arbitration.
  •  Training/Indemnity bond
  •  Reasons for Termination
  •  Notice period
  •  Retirement/Pension
  •  Provident Fund and Gratuity
  •  Overtime Compensation (if any)
  •  Work From Home policy (if any)

Children in Movies/TV/Sports

Children can work in movies/TV/sports and be paid for it. These children are known as child artists. There is a list of allowed entertainment and sporting activities for children with respect to movies, TV and sports, such as:

  • Movies
  • TV shows/Reality shows/Quiz shows/Talent shows
  • Sports Activities such as competitions, events or training
  • Advertisements
  • Cinema and documentary shows
  • Radio
  • Participation as an anchor of a show or events.

Some artistic performances that are not mentioned above can still be allowed by the Central government.

The law specifically bans children from:

  • Performing in a circus; and
  • Performing on the street for money.

Who are the authorities under the law?

Advisory Board

The Government will constitute the Advisory Boards at the Central and State level to advise them on matters like:

  • Fixing or revising minimum wages
  • Providing increasing employment opportunities for women and the extent to which establishments can employ women(( Section 42, Code on Wages, 2019.)).

Inspector-cum-facilitator

The concerned Government might appoint Inspector-cum-faciltators to:

  • Advice employers and workers relating to compliance with the provisions of this Code.
  • Inspect establishments(( Section 51, Code on Wages, 2019.)).

Gazetted Officer

The concerned Government might appoint one or more authorities, not below the rank of a Gazetted Officer, to hear and determine the claims under the Code. The authority will try to resolve the issue within three months, and can additionally order the employer to pay compensation up to ten times of the claim.

If the employer does not pay the claim and compensation, the authority will issue a certificate of recovery to the Collector or District Magistrate of the area where the establishment is located, to recover the amount as arrears of land revenue. They will  give the recovered amount to the authority to pay the concerned employee(( Section 45, Code on Wages, 2019.)).
If a person is not satisfied with the authority’s decision, they can appeal to the appellate authority within ninety days(( Section 49, Code on Wages, 2019.)).