Theme: Labour & Employment

What can employers deduct from employees’ wages?

Employers can make only authorised deductions from employees’ wages.

Payment that is due from an employee to the employer or their agent is a deduction. However, if an employee has a loss of wages for good reasons, such as the employer withholding a promotion or increment, demoting or suspending an employee, etc. that is not a deduction(( Section 18(1), Code on Wages, 2019.)).

Some of the major permitted deductions are related to(( Section 18(2), Code on Wages, 2019.)):

  • Fines imposed on the employee: An employer can fine an employee (not below fifteen years) up to three percent in any wage period for doing or failing to do certain acts. Before imposing the fine, the employer must first give the employee a chance to explain themselves.  The employer must recover the fine within ninety days of the employee’s violation. The employer must keep a record of the fines in a register and use them for the benefit of the employees(( Section 19, Code on Wages, 2019.)).
  • Absence from duty: An employer can deduct wages if the employee is absent from their designated workplace (this does not include leaves).  This includes an employee being present but refusing to work due to a stay-in strike or any unacceptable reason(( Section 20, Code on Wages, 2019.)).
  • Damage or loss of goods: An employer can deduct wages if an employee damages or loses goods entrusted to them, or loses money accountable to them. The damage or loss should be directly due to their neglect or default. The deduction should not be more than the amount of damage or loss, and the employer must first give the employee a chance to explain themselves. The employer must keep a record of such deductions(( Section 21, Code on Wages, 2019.)).
  • Facilities and services given by the employer: The employer can deduct wages if they have given employees house-accommodation, or services other than what is required for employment. The deduction should not exceed the value of the facilities and services. The employer cannot make this deduction unless the employee has accepted the facility or service as a term of employment(( Section 22, Code on Wages, 2019.)).
  • Recovery of advances: The employer can deduct wages to recover any advances (including travelling allowance) given to the employee along with the associated interest, or for adjusting an overpayment of wages. If the employer gave the advance before the employee started employment, they can recover the money from the first payment of wages, but cannot recover advances given for travelling expenses(( Section 23, Code on Wages, 2019.)).
  • Recovery of loans: The employer can deduct wages from employees for recovering loans made from labour funds or loans given for building houses, etc. along with the associated interest(( Section 24, Code on Wages, 2019.)).
  • Other deductions: Employers can deduct wages for subscribing to social security funds like provident or pension funds, for paying an employee’s membership fees to Trade Unions, deductions for income-tax purposes, etc

The total amount of deductions cannot be more than fifty percent of the wages, and the employee can recover any excess deduction.(( Section 18(4), Code on Wages, 2019.))

Duties of Registered Pharmacists towards Patients

While helping clients, pharmacists have certain duties:

  • A pharmacist is not bound to attend every person who asks for their service. However, a pharmacist should always be ready to respond to the sick and injured.(( Regulation 8.1(a), Pharmacy Practice Regulations, 201))
  • Pharmacists should always maintain the confidentiality of their patients. For instance, a pharmacist should not reveal any issues or defects of patients observed during medical attendance. However, if the laws of the State require a pharmacist to give such information, they can do so. Pharmacists can also give such information if they think it will protect a healthy third party from a communicable disease like malaria, COVID-19 etc.(( Regulation 8.1(a), Pharmacy Practice Regulations, 2015))
  • While giving a prognosis, a pharmacist should not exaggerate or minimize the seriousness of the patient’s condition. In addition, pharmacists should ensure that the patient, patient’s family and close friends have knowledge of the patient’s condition so as to serve the best interests of the patient and patient’s family.1
  • Pharmacists should respond to any request for their assistance in an emergency. They should not deliberately commit an act of negligence that may deprive the patient from necessary medical care.(( Regulation 8.4, Pharmacy Practice Regulations, 2015))

Patient Counseling by Pharmacists

Upon receiving a prescription drug order, and after reviewing the patient’s record, a registered pharmacist should personally initiate discussion of matters that will optimize the drug therapy or care of the patient. The pharmacist can conduct the discussion in person, or by telephone etc.

The discussion should include appropriate elements of patient counseling.(( Regulation 9.3(a), Pharmacy Practice Regulations, 2015)) Such elements may include the following :

  • Name and description of the drugs(( Regulation 9.3(a)(i), Pharmacy Practice Regulations, 2015))
  • The dosage form, dose, route of administration, and duration of drug therapy(( Regulation 9.3(a)(ii), Pharmacy Practice Regulations, 2015))
  • Special directions and precautions for the drug(( Regulation 9.3(a)(iv), Pharmacy Practice Regulations, 2015))
  • Common side effects, adverse effects etc. that may be encountered, including their avoidance, and the action required if they occur(( Regulation 9.3(a)(v), Pharmacy Practice Regulations, 2015))
  • Techniques for self monitoring drug therapy(( Regulation 9.3(a)(vi), Pharmacy Practice Regulations, 2015))
  • Proper storage of the drugs(( Regulation 9.3(a)(vii), Pharmacy Practice Regulations, 2015))

The patient or their agent can always refuse such counseling.

Role of pharmacies during counseling

The pharmacist has to maintain a record of drugs administered to the patient.(( Regulation 9.3(b), Pharmacy Practice Regulations, 2015))Further, pharmacies providing patient counseling have to keep in mind that:

  • Only registered pharmacists can be involved in counseling.(( Regulation 9.3(d)(i), Pharmacy Practice Regulations, 2015))
  • Facilities should be provided for confidential conversation, and patient confidentiality must be maintained.(( Regulation 9.3(d)(ii), Pharmacy Practice Regulations, 2015))
  • Proper documentation is necessary.(( Regulation 9.3(d)(iv), Pharmacy Practice Regulations, 2015))
  • Counseling should be for the patient’s benefit. In every consultation, the benefit to the patient is of foremost importance. All registered pharmacists engaged in the case should be frank with the patient and his attendants.(( Regulation 9.3(d)(vi), Pharmacy Practice Regulations, 2015))
  • During counseling, punctuality should be maintained.(( Regulation 9.3(d)(vii), Pharmacy Practice Regulations, 2015))

However, please remember that the law does not give pharmacists the power to open pharma clinics to diagnose the disease and prescribe medicines.(( Clarification on Pharmacy Practice Regulations, 2015 notified by Pharmacy Council of India in Gazette of India No.17 dated 16.1.2015))

If these duties are not fulfilled and you face issues as a pharmaceutical client/patient, then you can file a complaint against the pharmacist.

  1. Regulation 8.3, Pharmacy Practice Regulations, 2015 [↩]

How to file a complaint for Safai Karamcharis?

If you notice or are made aware of instances where laws for safai karamcharis are not followed, you can file a complaint to the National Commission for Safai Karamcharis (NCSK). You can visit their website complaint section here.

This Commission will inquire into the complaints and report them to the officers of the Municipalities and the Panchayats with recommendations of further actions.

How to claim Maternity Benefits?

The employer must pay you your maternity benefit before your delivery. (( Section 6(5), The Maternity Benefit Act, 1961.)) For this, you have to give your employer a written notice to state your claim to the maternity benefit. Given below  is a checklist of information that should be in the notice:

  • You have to state that you will not work for any other employer during the time for which  you have claimed the maternity benefit. (( Section 6(1), The Maternity Benefit Act, 1961.))
  • You can also nominate  another person who can receive the payment on your behalf. (( Section 6(1), The Maternity Benefit Act, 1961.))
  • In case you are pregnant, the notice should state the date from which you will be absent from work. This cannot be earlier than 6 weeks before the date of your expected delivery. (( Section 6(2), The Maternity Benefit Act, 1961))
  • You are required to submit proof that you are pregnant.

Claiming Benefit After Delivery

Subsequently, you can claim the maternity benefit for the period after your delivery within 48 hours of submitting proof that you have delivered the child. 1 If you have not given the notice when you were pregnant, you can give the notice as soon as possible after your delivery. (( Section 6(3), The Maternity Benefit Act, 1961))  However, just because you haven’t given a notice does not mean that you will not be able to get maternity benefits. You can make an application to the inspector and he can order that the payment be made. (( Section 6(6), The Maternity Benefit Act, 1961.))

Going Back to Work

If you continue to go to work after you have been allowed to take maternity leave by your employer, then you shall have to forfeit your claim to the maternity benefit for such period. (( Section 18, The Maternity Benefit Act, 1961.))

When to file a Complaint against Sexual Harassment

Generally, you must file a complaint within three months of the incident of sexual harassment that you have faced. The exact date of the deadline depends on the number of sexual harassment incidents you have faced. Also, if there has been a delay in filing a complaint, in some cases, your complaint might be accepted anyway.

3 Month Period(( Section 9(1), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))

  1. One Incident of Sexual Harassment
    You must file your complaint within 3 months of the incident of sexual harassment.
  2. Multiple Incidents of Sexual Harassment
    If you have been subjected/been a victim of multiple instances of sexual harassment then you must file the complaint within 3 months of the last incident of sexual harassment.

Delay in Filing a Complaint

If you cannot file a complaint within 3 months:

  1. You can approach the Internal Committee anyway and try and explain to them why you couldn’t file the complaint.
  2. If the Internal Committee is satisfied that there were adequate circumstances that prevented you from filing a complaint then they will accept your complaint1. This is at their discretion.

Please do act, with the help of adequate support groups, to file a complaint as soon as you are comfortable enough to do the same.

Accepting your Job Offer in Writing

Acceptance Only After Negotiations

Make sure that you finish all your negotiations for any change in the offer and only then accept the job. This is because once you accept the offer, your employer will think that you are accepting all the terms in the offer without any problem.

Writing an Acceptance Letter

While accepting a job offer from your employer, either do so by email or sign an appointment letter provided by your employer. This way it will be hard for the employer to dispute your appointment in the future and withdraw from it.

Time Limit for Acceptance

In some cases, your employer may ask you to reply with the acceptance of the job offer by email before a certain date, for example, the 10th of the month or by the end of the week. It is imperative that you respond to the job offer within this time period or the offer may lapse and the employer may offer the position to someone else. You will not have any recourse against this.

If your employer does not specify any time or manner of replying to the job, then:

  • Use the mode of communication which does not cause delays.
  • Reply within a reasonable time or the job offer may not be there anymore.

If you decide to reject the job offer, please make sure that you communicate it properly to your employer either in writing or in person or over the phone.

Duties of an Inspector to prevent Child Labour

The Government appoints Inspectors to make sure that there is no illegal employment and the permitted employment of adolescents is done as per the law. An inspector or police officer has a duty to:

  • Conduct periodical inspections of the places where employment of children is prohibited.
  • Carry out rounds of inspection at industries where children are employed and where adolescents are employed.
  • To check the working conditions of children in family enterprises.
  • Accept complaints and report illegal acts of child labour to the Court.
  • Determine age of a child, if there is a doubt that the child is below the age of 14 years.
  • Inspect the Register maintained by the employer at the establishment which would have details such as:
    • Name and date of birth of the child employed along with relevant documents as to the date of birth.
    • Hours and periods of work(including the hours of rest).
    • Nature of the work that the child is doing.

All the inspectors have to make sure that if a child is being employed illegally, then the concerned employer has to pay Rs. 20000 as a fine into a fund known as the Child Labour Rehabilitation-cum-Welfare Fund, which the child can reclaim later.

How should employers pay wages?

Employers can pay wages in any of the following ways: (( Section 15, Code on Wages, 2019))

  • Current coin or currency notes
  • Cheque
  • Crediting wages in the employee’s bank account
  • Electronic mode

However, the concerned Government might specify industrial or other establishments where employers should pay the wages only by cheque or by crediting wages in the bank account.

Ethical Conduct by Pharmacists

Some of the ethical practices for pharmacists include:

Handling of Drugs/Medicines by Pharmacists

Pharmacists should take all possible care to dispense a prescription correctly by weighing and measuring all ingredients in correct proportions, with the help of scale and measures (visual estimations must be avoided). Further, a pharmacist should always use drugs and medicinal preparations of standard quality, and should never adulterate the preparations. A pharmacist should be very careful in dealing with drugs and medicinal preparations known to be poisonous, or used for addiction  or any other abusive purposes.(( Chapter II, Code of Pharmaceutical Ethics))

Hawking of Drugs/Medicines

Hawking of drugs and medicines is discouraged. Therefore, pharmacists cannot engage in door-to-door solicitation of the products. To prevent self-medication using drugs, pharmacists are discouraged from distributing therapeutic substances without expert supervision.(( Chapter III, Code of Pharmaceutical Ethics))

Fair Trade Practice

Cut-throat competition, aiming to capture the business of another pharmaceutical establishment is discouraged among pharmacists. Cut-throat competition includes:

  • Offering any sort of prizes, gifts or any kind of allurement to customers
  • Knowingly charging lower prices for medical commodities, compared to the reasonable prices charged by a fellow pharmacist.

In case any order or prescription intended to be served by a particular dispensary is brought by mistake to another dispensary, the latter should refuse to accept it and should direct the customer to the right place. Imitation or making a copy of labels, trademarks and other signs and symbols of other pharmaceutical establishments are also not allowed under the law. (( Chapter III, Code of Pharmaceutical Ethics))

Advertising and Displays

In connection to selling medicines to the public, a pharmacist should not use displays that are undignified, or which contain the following:3

  • Any wording design or illustration that reflects pharmacists or an individual in a bad light.
  • A disparaging or derogatory reference to other suppliers, products, remedies or treatments. Even if the comments are direct or implied, it is not allowed.
  • Misleading or exaggerated statements or claims.
  • The word “Cure” in reference to an ailment or symptoms of ill-health.
  • A guarantee of therapeutic effect
  • An attempt to increase fear through advertisements.
  • An offer to refund money paid by a customer
  • A prize, competition or similar scheme.
  • Any reference to a medical practitioner or a hospital, or the use of the terms “Doctor” or “Dr.” or “Nurse” in connection with the name of a preparation not already established.
  • A reference to sexual weakness, premature ageing or loss of virility.
  • Indecent references to complaints of sexual nature.

If a pharmacy knows, or  could reasonably know that a preparation is advertised by such means, such preparations should not be displayed in the pharmacy.

Workplaces with Maternity Benefits

The Maternity Benefit Act will apply to you if you work in any of the following workplaces:

  • Any establishment such as a factory, mine or plantation, including government establishments (( Section 2(1)(a), The Maternity Benefit Act, 1961.))
  • Establishments employing people for the exhibition of equestrian, acrobatic and other performances (( Section 2(1)(a), The Maternity Benefit Act, 1961.))
  • Shops or establishments employing  10 or more people and which is covered within the laws of the state (( Section 2(1)(b), The Maternity Benefit Act, 1961.))
  • Any other establishment or class of establishments, industrial, commercial, agricultural units etc. that the state may notify. (( Proviso, Section 2(1),The Maternity Benefit Act, 1961.))

However, workplaces covered under the Employees’ State Insurance Act, 1948, will have to follow the maternity benefits given under this law. (( Section 2(2), The Maternity Benefit Act, 1961)) Read more here.

Working From Home

When your maternity leave is over and the nature of your work allows you to work from home, you can ask your employer to allow you to work from home. (( Section 5(5), The Maternity Benefit Act, 1961.)) This is based on you and your employer mutually agreeing on the conditions of your employment from home.

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.)).

Misconduct by Pharmacists

The actions of a registered pharmacist which shall qualify for misconduct and those actions which can be complained against include:

Violation of Law

  • Violations of regulations under the Pharmacist Act (including violations associated with the duties of a pharmacist, which can be found here).(( Regulation 13(a), Pharmacy Practice Regulations, 2015))
  • If a registered pharmacist working in a pharmacy is also found working in another pharmacy/, pharmacy college/institution/industry/any other organization as a teaching faculty or otherwise, this is an act of misconduct.(( Regulation 13(u), Pharmacy Practice Regulations, 2015))

Handling medicines

  • Dispensing medicines which require prescription, without the prescription of the Registered Medical Practitioner.(( Regulation 13(b), Pharmacy Practice Regulations, 2015))
  • Substitution of the prescription without approval/consent of the Registered Medical Practitioner.(( Regulation 13(c), Pharmacy Practice Regulations, 2015))

Registration certificate and information related

  • Allowing the owner of the pharmacy to use their pharmacist registration certificate without attending the pharmacy.(( Regulation 13(d), Pharmacy Practice Regulations, 2015))
  • Giving their pharmacist registration certificate at more than one pharmacy.(( Regulation 13(e), Pharmacy Practice Regulations, 2015))
  • Not maintaining the prescription/dispensing records of patients for five years, and refusing to provide these records within 72 hours when the patient or an authorised representative makes a request.(( Regulation 13(f), Pharmacy Practice Regulations, 2015))
  • Not displaying the registration certificate accorded by the State Pharmacy Council in the pharmacy.(( Regulation 13(g), Pharmacy Practice Regulations, 2015))

Improper Conduct or Crimes

  • Committing adultery or improper conduct with a patient, or maintaining an improper association with a patient by abusing their professional position.(( Regulation 13(i), Pharmacy Practice Regulations, 2015))
  • Conviction by a court for offences involving moral turpitude or criminal acts.(( Regulation 13(j), Pharmacy Practice Regulations, 2015))
  • Using agents for procuring patients.(( Regulation 13(r), Pharmacy Practice Regulations, 2015))

Confidentiality and Disclosure of Information

  • Contributing to press articles and giving interviews regarding diseases and treatments which may have the effect of advertising or soliciting practices. However, pharmacists are free to write to the press under their own name on matters of public health and hygienic living. They can also deliver public lectures and talks under their own name, and announce the same in the press.(( Regulation 13(m), Pharmacy Practice Regulations, 2015))
  • Disclosing the secrets of a patient learnt in the exercise of their profession. However, disclosure is permitted:
    • In a court of law under orders of the presiding judicial officer;
    • In circumstances where there is a serious and identified risk to a specific person and /or community; and
    • In case of notifiable diseases.(( Regulation 13(n), Pharmacy Practice Regulations, 2015))
  • Refusing solely on religious grounds to dispense medicines on the prescription of a Registered Medical Practitioner.(( Regulation 13(o), Pharmacy Practice Regulations, 2015))
  • Publishing photographs or case reports of patients without their permission in any medical or other journal, in a manner by which the patient’s identity can be made out. However, if the identity is not disclosed, the consent is not needed.(( Regulation 13(p), Pharmacy Practice Regulations, 2015))

Further, in case a registered pharmacist is running a pharmacy and employing other pharmacists for help, the ultimate responsibility rests on the registered pharmacist.(( Regulation 13(q), Pharmacy Practice Regulations, 2015))

This is not a complete exhaustive list of all kinds of professional misconduct. However, circumstances that are not mentioned above may also qualify as professional misconduct, and the responsible pharmacy council can take action on the same.(( Regulation 14(a), Pharmacy Practice Regulations, 2015)) Further, this would mean that violation of any of the prescribed ethical standards of a Pharmacist, mentioned here, might also qualify as a ground for disciplinary action.

Maternity Benefit in case of death of a Woman

An employer has the duty to pay maternity benefit even in case the woman dies as a result of the pregnancy. If the woman dies before receiving the maternity benefit or amount, the employer shall pay the amount to the person nominated by the woman in the notice given by her.  (( Section 7, The Maternity Benefit Act, 1961.)) The amount payable depends on the following:

Situation  Duty of Employer
If a woman dies during the period of her maternity leave. (( Proviso (2), Section 5(3), The Maternity Benefit Act, 1961.)) The employer needs to pay the maternity benefit only for the days up to and including the day of her death.
If a woman dies during or following her delivery but has given birth to her child. The employer shall be liable to pay  the maternity benefit for that entire period.
If the child also dies during the said period. (( Proviso (3), Section 5(3), The Maternity Benefit Act, 1961.)) The employer is liable to pay the maternity benefit until the date the child passes away, including the date of the death of the child.

Your Privacy during the Complaint and Proceedings

As a victim, you have a right to keep your complaint and the things that happen after it private. The law guarantees that the following information is private1:

  • Your identity and address
  • The identity and address of the person you accused, as well as the witnesses
  • Information about the conciliation (see what this means in the Glossary) or inquiry being made by the committee
  • Recommendations of the Internal Committee or the Local Committee
  • Action taken by the employer or District Officer

All of the above information cannot be published, communicated, or made known to the public, press, or media in any way(( Section 16, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)) . If any person who is entrusted to handle the complaint, inquiry or recommendations, makes the aforementioned information public, he will be punished in accordance with the service rules of the organization. (( Section 17, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))

Restrictive Terms in a Contract

There may be restrictive terms mentioned in your contract. In India, you have a fundamental right to practice any trade, profession or conduct any business. However, this is not an unlimited freedom.

You will find certain clauses or terms in your agreement that in some way restrict you to a certain degree from carrying on a business, trade, or profession either during or after employment. These clauses are commonly known as restrictive clauses. They are:

Government duties against Child Labour

The Central Government has duties to ensure that child labour does not take place and that the provisions of the law are followed. To do this the Government has to:

  • Run public awareness campaigns
  • Use media to spread awareness
  • Promote reporting of child labour
  • Publicly display the law on child labour
  • Include child Labour law in the syllabus of schools
  • Promote training of police, judicial service academies, teachers, Central Labour Service about the child labour law and their role.