Theme: Labour & Employment

What are the offences and punishments under the law?

Crime Punishment
Paying an employee less than the due amount First offence – Fine of up to Rupees fifty thousand
Subsequent offence within five years – Jail time up to three months and/or fine up to Rupees one lakh
Violating the Code in any other way First offence – Fine of up to Rupees twenty thousand
Similar subsequent offences within five years – Jail time up to one month and/or fine up to Rupees forty thousand
Not maintaining proper records in the establishment Fine up to Rupees ten thousand

 

Under this law, Courts will only take up complaints made by:

  • Government
  • Employee
  • Registered Trade Union
  • Inspector-cum-Facilitator

Who is a Clinical Psychologist?

A clinical psychologist is a mental health professional with training in the diagnosis and psychological treatment of mental, behavioral and emotional illnesses. However, unlike a Psychiatrist, a Psychologist does not have a medical degree and therefore, cannot prescribe medicines.(( The Role and Training of a Clinical Psychologist, https://www.verywellmind.com/clinical-psychologist-2510503))

Further, the Mental Healthcare Act of 2017 defines a clinical psychologist as a person having:

  •  A recognized qualification in Clinical Psychology from an institution approved and recognized by the Rehabilitation Council of India, or
  • A postgraduate degree in Psychology or Clinical Psychology or Applied Psychology and a Master of Philosophy in Clinical Psychology or Medical and Social Psychology after completing a full time course of two years. This should include supervised clinical training from any University recognized by the University Grants Commission and approved and recognized by the Rehabilitation Council of India.(( Section 2(1)(g), Mental Healthcare Act, 2017))

Clinical Psychologists come under the broad category of Rehabilitation Professionals.(( Section 2(1)(n), Rehabilitation Council of India Act, 1992)) For instance, this includes other professions such as audiologists, speech therapists etc. The Rehabilitation Council of India maintains a register of all the registered rehabilitation professionals in India.(( Section 19, Rehabilitation Council of India Act, 1992)) You can search for details of clinical psychologists here.

Nursing Breaks or Creche Facilities

Other than the maternity pay and leave, women are entitled to other benefits. These benefits such as nursing breaks and creche facilities allow women to make an easier transition back into work after their maternity leave.

Nursing breaks

If you return to work after your delivery, you can take 2 breaks of 15 minutes each daily (( Section 6, The Maternity Benefit Act, 1961.)). You can nurse your child and take nursing breaks till the child is 15 months old. (( Section 11, The Maternity Benefit Act, 1961))

Creche Facility

Every establishment having fifty or more employees shall have a creche facility. (( Section 11A, The Maternity Benefit (Amendment) Act, 2017)) You can visit the creche 4 times in a day as per the law. (( Section 6, The Maternity Benefit (Mines and Circus) Rules, 1963.)) You can take an extra time of 5-15 minutes. This includes the time to and from the:

  • Creche (a nursery where babies and young children are cared for during the working day) or
  • Any other place where the children are being taken care of.

The Ministry of Women and Child Development issued guidelines for setting up and running creches, which prescribe standards that creches should adhere to. (( National Minimum Guidelines for Setting Up and Running Crèches under Maternity Benefit Act 2017, https://wcd.nic.in/sites/default/files/National%20Minimum%20Guidelines.pdf)) The guidelines state that there should be one crèche for every 30 children, which should be extended to any employee’s child between the age group of 6 months to 6 years. The location of the crèche facility should be at the workplace, or within 500 meters from the workplace.

Employer’s Responsibility to Prevent Sexual Harassment

Under the law, an employer has to take certain steps to create a safe work environment for women.

Women in the workplace should feel safe from sexual harassment from co-workers as well as others who might just be visiting the workplace. It’s important for employers to display the sexual harassment policy of the company where it can be seen. They also must display the order that sets up the Internal Committee so employees, as well as visitors to the workplace, can see it.

Employers must(( Section 13, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.))

  • Create and put forward a detailed sexual harassment policy
  •  Make sure employees are aware of the issue of sexual harassment
  •  Set up committees in the workplace that women workers can turn to if they have been sexually harassed
  •  Make sure committees are well-trained and well-staffed
  •  Prepare a yearly report and turn it over to the state government
  • The District Officer will also appoint a Nodal Officer who can receive complaints at a local level(( Section 6(2), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)).

Confidentiality Clause/Non-Disclosure Clause

What is Confidentiality?

The organization or company you are employed with has a right to protect its trade secrets and other confidential business dealings. Hence, a clause in your employment contract restricts you from sharing or disclosing any confidential information of the employer to anyone outside the organization. This clause is known as a confidentiality clause. It is sometimes referred to as a non-disclosure clause as well.

Typically, the term ‘confidential information’ is widely defined to cover almost all information that you get from your employer. You should read the definition carefully to make sure that you are not violating the confidentiality clause during or after your employment. Apart from information specifically marked as ‘confidential’ or ‘proprietary’, it is safe to assume that information like technical and business information, intellectual property rights, formulae, software programs or codes, internal reports, trade secrets, inventions, know-how, business strategies, marketing tactics, financial information, information about your employer’s clients and/or customers and other commercially valuable information is meant to be kept confidential.

When does Confidentiality apply to you?

The confidentiality clause applies not only while you are in the company’s employment, but also after. If you share confidential information after your employment has ended, it would be a violation of your contract and your employer may file a case against you.

This does not mean that you cannot be employed by a company doing similar work. Legally, you have the right to work wherever you want to, but you cannot disclose any confidential information from your previous employer in your new employment. For example, if you were working with P&G before and are now offered a job with Unilever, you will not be restricted from taking up the job. But you cannot disclose trade secrets of P&G to Unilever.

No Confidentiality Clause in Agreement

If there is no confidentiality clause in your agreement, you have a duty of fidelity to your ex-employer to not disclose to others or to use for your own profit the trade secrets and confidential information you learned during the course of your employment with them. In some cases, you can be sued for criminal breach of trust also.

Settlement of the crime of Child Labour

If you have failed to comply with the provisions of the Act or the Rules of the child labour law then the law provides alternatives to criminal prosecution. The law allows you to as they say in legal terms “Compound Offences”. Compounding means to settle. You can compound the offence committed if you are one of the two categories of persons:

  • Someone who commits an offence for the first time.
  • A parent or a guardian who commits an offence by not complying with the child labour provisions and law.

To compound an offence, follow these steps:

  1. You should make an application and approach the District Magistrate only after paying the money for the application.
  2. The money to be paid with the application to the Central Government has to be:
    • 50% of the maximum fine of the offence
    • You will be levied an additional 25% of the maximum fine for the offence if you don’t pay the amount within the specified period.
  3. Once you pay the amount then the District Magistrate will issue you a “Certificate of Compounding”.

If you fail to pay the amount, then the proceedings of the case will be continued in accordance with the child labour laws that is, you can be tried and punished, but if you do pay the amount, then you cannot be taken to court for the offence since you have already paid and settled it.

General Duties of a Clinical Psychologist

Given below are some of the duties of a clinical psychologist:

Advertising Services

A clinical psychologist should not:

  • Solicit any person with disabilities, directly or indirectly. This includes advertisements, circulars, hand-bills etc. However, clinical psychologists can formally announce through the press about starting/resumption of practice, change of practice, change of address, winding up of practice, and temporary absence from practice.(( Regulation 3, The Rehabilitation Council of India (Standards of Professional Conduct, Etiquette, and Code of Ethics for Rehabilitation Professionals) Regulations, 1998))
  • Display qualifications on the sign board, letter head pad, prescription slip, visiting card, certificate, report and other documents that carry the psychologist’s signature. The Registration Certificate should also be fixed in the place of practice, in a clearly visible manner.(( Regulation 8, The Rehabilitation Council of India (Standards of Professional Conduct, Etiquette, and Code of Ethics for Rehabilitation Professionals) Regulations, 1998))
  • Not undertake practice in any field other than the psychologist’s field of specialization.(( Regulation 11(k), The Rehabilitation Council of India (Standards of Professional Conduct, Etiquette, and Code of Ethics for Rehabilitation Professionals) Regulations, 1998))

Fee and Payment

Clinical psychologists should not charge an exorbitant fee. Also, a psychologist should not enter into a deal of ‘No payment, no cure’.(( Regulation 9, The Rehabilitation Council of India (Standards of Professional Conduct, Etiquette, and Code of Ethics for Rehabilitation Professionals) Regulations, 1998))

Details of Patients

Clinical psychologists should maintain a register of the details of patients, prescriptions issued, fees charged etc.(( Regulation 13, The Rehabilitation Council of India (Standards of Professional Conduct, Etiquette, and Code of Ethics for Rehabilitation Professionals) Regulations, 1998))

Moreover, clinical psychologists have the duty to maintain confidentiality. This includes keeping the information about their patient’s mental health, mental healthcare treatment, and physical healthcare confidential.(( Section 23, Mental Health Act, 2017))

Treatment and Care of Patients

A clinical psychologist should undertake rehabilitation or treatment of people with disabilities at regular and required intervals, or the proper time.(( Regulation 11(h), The Rehabilitation Council of India (Standards of Professional Conduct, Etiquette, and Code of Ethics for Rehabilitation Professionals) Regulations, 1998)) However, they should not:

  • Exaggerate the course of disease or the gravity of the condition of any person with disability.(( Regulation 10, The Rehabilitation Council of India (Standards of Professional Conduct, Etiquette, and Code of Ethics for Rehabilitation Professionals) Regulations, 1998))
  • Indulge in any indecent activity or have any improper relations.(( Regulation 11(b) and 11(c)The Rehabilitation Council of India (Standards of Professional Conduct, Etiquette, and Code of Ethics for Rehabilitation Professionals) Regulations, 1998))
  • Make use of harsh and rough language with any person with disability.(( Regulation 11(d), The Rehabilitation Council of India (Standards of Professional Conduct, Etiquette, and Code of Ethics for Rehabilitation Professionals) Regulations, 1998))
  • Take undue advantage of the condition of a person with disability.(( Regulation 11(f), The Rehabilitation Council of India (Standards of Professional Conduct, Etiquette, and Code of Ethics for Rehabilitation Professionals) Regulations, 1998))
  • Intentionally and knowingly neglect any person with disability.(( Regulation 11(i), The Rehabilitation Council of India (Standards of Professional Conduct, Etiquette, and Code of Ethics for Rehabilitation Professionals) Regulations, 1998))
  • Avail or attempt to avail any benefit meant for people with disability.(( Regulation 11(j), The Rehabilitation Council of India (Standards of Professional Conduct, Etiquette, and Code of Ethics for Rehabilitation Professionals) Regulations, 1998))

Violation of these duties will qualify as misconduct and can make a psychologist liable to disciplinary proceedings by the Rehabilitation Council of India.(( Regulation 15, The Rehabilitation Council of India (Standards of Professional Conduct, Etiquette, and Code of Ethics for Rehabilitation Professionals) Regulations, 1998))

Complaints against Employer

If your employer has withheld any payment or maternity benefit from you or has dismissed you on account of your maternity leave, then you can approach the following authorities:

Inspector

You can approach the inspector to make a complaint. The inspector may make an inquiry on his own or after receiving a complaint, and pass orders based on the case. (( Section 17(1) and Section 17(2), The Maternity Benefit Act, 1961.)) Commonly, the inspectors appointed under this law are labour regional commissioners. To know which officers have been designated as inspectors, click here.

You can appeal the decision of the inspector to the Labour Court. You should file the appeal within 30 days from the date on which the decision is communicated to you. (( Section 17(3), The Maternity Benefit Act, 1961.)) However, if you do not file an appeal then the decision of the inspector is final. (( Section 17(4), The Maternity Benefit Act, 1961.)) You can request the advice of a lawyer for the same.

National and State Commissions for Women

The National Commission for Women (NCW) is a national-level government organization that is empowered to investigate complaints related to issues faced by women. The NCW will help you by:

  • Monitoring and expediting the investigations being led by the police.
  • Providing counselling or a hearing before the NCW. This is done to resolve disputes between the two parties.

You can get in touch with them by either calling the helpline number 1091, or sending an email to ncw@nic.in, or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and ask them for help.

Forming an Internal Complaints Committee

Workplaces with more than 10 employees are required to set up a committee that specifically handles cases of Sexual Harassment. This is known as the Internal Committee. It must have(( Section 4(2), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)):

  •  A presiding officer, who is a woman employed at a senior level
  •  Three students, if the matter involves students
  •  One member from a non-government organisation or association committed to the cause of women, or a person familiar with sexual harassment issues. This member will be paid.
  •  Women as at least half of its members
  •  No person in senior administrative positions as a member such as Vice-chancellor, Registrar, Dean, or head of department
  •  A three-year term for members. Higher education institutions may also employ a system where one-third of the members change every year.

If the presiding officer acts in violation of their powers, they will be removed and a new nomination will take place((Section 4(5), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))

The Internal Committee has to follow the regulations for taking complaints and making inquiries in a reasonable amount of time. The company or institution has to give the Internal Complaints Committee the things they need to make inquiries.

Non-Compete Clause

A non-compete clause in an employment contract restricts a current employee from competing with their employer in the same or similar area of business as the employer. Typically, this restriction is not limited only to the duration of employment but also for a specified period after the employment is terminated or concluded.

Some examples are:

  • If H is in the business of manufacturing air purifiers with a specific technology then its employee Y cannot start a rival business with the same technology.
  • Harpeet Singh Bedi is a salesman at AYS Computers, with whom he has a non-compete clause. If Harpeet starts a business, Rocket Sales Corporation, which is similar to AYS, while still in AYS’s employment, he is violating the terms of his contract and may be sued, as the clause specifically forbids him from doing so.

Child Labour Rehabilitation cum Welfare Fund

A Child Labour Rehabilitation-cum-Welfare Fund is a fund which is established for every one or two districts. The fine paid by the employer is deposited into this Fund.

Further, the Government has to deposit Rs.15000 more for each for each child or adolescent for whom the employer has been fined.

This Fund is managed by a Bank. Any interest on the money in the bank, will go to the child.

Proof of Pregnancy/Miscarriage/Abortion/Tubectomy/Operation

Proof of a pregnancy, miscarriage, abortion or tubectomy operation is necessary if you want to claim maternity benefits. You can prove the fact that you are pregnant, had a miscarriage, abortion, tubectomy operation or suffered an illness arising out of these procedures if you produce a certificate to that effect from any of the following(( Section 4, The Maternity Benefit (Mines and Circus) Rules, 1963)):

  • Registered Medical Practitioner
  • A Medical Officer of a regional hospital or a dispensary set up under the Coal Mines Welfare Organisation
  • Medical Officer of a Mines Board where the mine is situated.

The fact that a woman has been confined can also be proved by the production of a certified extract from a birth register or a certificate signed by a registered midwife. Additionally, a certificate signed by a registered midwife also proves miscarriage. The death of a woman can be proved by a certified extract from a death register.

False Complaint of Sexual Harassment

False complaints made on purpose or fake documents given to the committee are taken very seriously. If a victim or someone acting for them does either of these things, they could be punished based on the service rules of the workplace. If there are no service rules, the action taken against them can be decided by the Committee(( Section 14(1), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013)). As punishment they may(( Section 9, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.)):

  • Have to give a written apology
  • Be given a warning or censure
  • Not be given a promotion
  • Not be given an increment
  • Lose their job
  • Have to have a counselling session
  • Have to do community service

Just because a victim is unable to provide enough proof to the Committee, it does not always make her complaint false(( Section 14(1), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)). The Committee will have to find out if she made a wrong complaint on purpose.

For example, if Isha makes a complaint against Rohit but there are no witnesses, documents, or anything at all that shows there was sexual harassment, her complaint will not be seen as false. But, if Isha wrote an email to a friend telling them she was lying about the harassment happening, her complaint could be seen as malicious or false.

Non-Solicitation Clause

Poaching of Co-Workers

If there is a non-solicitation clause in your agreement, you cannot enlist other employees of the company in a business, trade, or profession that would harm the interest of the company. This restriction applies to you both while in the employment of the company and after you have left.

For example, if Harpreet Bedi leaves AYS Computers to start his own company, he cannot take employees/co-workers from AYS along with him. If he does so, he would be in violation of his contract with AYS and can be sued by them for breach of contract.

Poaching of Clients

Depending on the nature of employment, in some cases, this restriction on solicitation extends to customers of the company you are employed with as well. If you are leaving your current company to join a competing company or to start your own, you cannot take clients of the workplace you are leaving with you. This will affect the business of your ex-employer and you can be sued.

For example, if Lokesh Sharma leaves XYZ Ltd. to start his own company, he cannot take clients from XYZ Ltd. along with him while leaving. If he does so, he would be violating his contract with XYZ Ltd. and can be sued for breach of contract.

Complaining against a Clinical Psychologist

You can complain to multiple forums regarding the misconduct of clinical psychologists. The violation of any of the general duties of a psychologist can be grounds to take action against them.(( Regulation 15, The Rehabilitation Council of India (Standards of Professional Conduct, Etiquette, and Code of Ethics for Rehabilitation Professionals) Regulations, 1998)) Some of the forums include:

Rehabilitation Council of India

The Rehabilitation Council of India is the forum that oversees the work of a clinical psychologist. You can lodge a complaint against a professional on the ground of ‘Professional Misconduct’. The Council can order the removal of a psychologist’s name from the register of Rehabilitation Professionals (permanently or for a specified period of time), if found guilty. (( Section 21, The Rehabilitation Council of India Act, 1992))

State Commissioner of Disability/ Chief Commissioners of Disabilities

If you are a person with a disability who was treated by a clinical psychologist who violated their duties/ethics, you have the option to complain to the State Commissioner of Disability or Chief Commissioner of Disabilities, Government of India. You can find the list of State Commissioners here.

Mental Health Review Board/State Mental Health Boards

You can approach three main authorities if you have been treated by a clinical psychologist at a mental health establishment for mental health issues:

  • Central Mental Health Authority – It is the central authority under the law, which has functions including registering all mental health establishments under the Central Government, maintaining a register of all mental health establishments in the country, developing quality/service norms for mental health establishments under the Central Government, supervising all mental health establishments under the Central Government, receiving complaints about deficiencies in provision of services, etc.
  • State Mental Health Authority – It is the authority at the state level which has functions including registration of mental health establishments in the State, developing quality/service norms for mental health establishments in the State, supervising all mental health establishments in the State , receiving complaints about deficiencies in provision of services, etc.
  • Mental Health Review Board – It is the authority at the district level under the law, which has functions to register, review, alter, modify or cancel an advance directive, to appoint a nominated representative, to adjudicate complaints regarding deficiencies in care, etc.

As of now, the authorities, particularly the Central Mental Health Authority and the Mental Health Review Boards are functioning. However, some States, such as Delhi, Kerala, etc. have constituted the State Mental Health Authority. You should seek information about the functioning of these authorities from your respective State.

Responsibilities of Universities to Prevent Sexual Harassment

Any woman (student, teaching, non-teaching staff) of any age at a University campus can file a complaint of sexual harassment. Apart from workplaces, Universities also must work to prevent sexual harassment.

Colleges are required by law to have (( University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015)):

  • Align their sexual harassment rules to the Indian law on sexual harassment
  • Treat claims of sexual harassment seriously, punishing offenders harshly and making sure they face the proceedings required by law
  • Make sure staff and students know what to do and who to turn to if they are a victim of sexual harassment
  • Make sure that the campus is well-lit, secure, and safe
  • Set up, train, and maintain an Internal Committee
  • Prepare yearly status reports with case details and half-yearly reviews of how well sexual harassment policies are working.

Training Bonds

What are Training Bonds?

In some cases, an employer may make you sign a training bond. According to the terms of this bond, you will have to work for that company for a specified period of time. You cannot terminate the employment before the required period is over. If you do, you will have to compensate the employer as per the terms of your agreement.

Why are Training Bonds Signed?

This type of bond is usually signed when there is some training involved, the cost of which is borne by the employer. The idea behind it is that if the employer is investing their resources in training you, they should also be able to utilize your talent and reap the outcome of the training. Therefore, training bonds are usually signed to protect the interests of the employer.

For example, Bhanu Rao was offered a job at Centaur Hotels. When he accepted the offer, Bhanu was made to sign a training bond which stated that he would have to work for the company for a minimum period of 2 years, which would also include a 6-month training period, cost of which would be borne by Centaur Hotels. If he were to leave before the expiry of the training period, Bhanu would have to pay to Centaur Hotels the cost of his training. After one and a half years, Bhanu found a higher paying job and quit Centaur Hotels, with 6 months remaining on his bond. Now, Centaur Hotels has a right to recover the cost of training from him.

Amount of Training Bond

It is important to note that the amount given in a training bond should be reasonable and is usually decided depending on the facts and circumstances of each case.

Children working in the family business

Children (below the age of 14) and adolescents are allowed to work in the family business.

Family Business

A family business means any work or business which is performed or run by the members of the family. The business could belong to or be run by an immediate family (mother, father, brother or sister) or extended family (father’s sister and brother, or mother’s sister and brother).

Types of Work

It is important that the family business does not involve the following:

  • Dangerous substances or processes (the term in law is ‘hazardous’ occupation or process).
  • Mines, Inflammable substances and explosives.

Children are allowed to work in a family business, but the child’s education should not be affected. The following points should be kept in mind:

  • They have a right to education.
  • They should only be made to work after school hours or during vacations.
  • Parents also have a duty to send their children to school under the law.

Who is a Medical Practitioner or Doctor?

A Medical Practitioner is a professional who practices medicine through the study, diagnosis, prognosis, and treatment of any disease or injury or other impairments. As per Indian law, a registered medical practitioner is a person whose name is found in the State Medical Register of any State, and who possesses the required medical qualifications.(( Section 21, Indian Medical Council Act, 1956))

However, a Physician is a Doctor with qualification of MBBS, or MBBS with post graduate degree/ diploma, or with equivalent qualification in any medical discipline. Only a doctor having a qualification recognized by the Medical Council of India and registered with the Medical Council of India/State Medical Council(s) can practice the  modern system of Medicine or Surgery.(( Regulation 1.1.3, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002))

Qualifications

Doctors are registered medical practitioners under the law if they:

  • Hold recognized medical qualifications granted by Universities or Medical Institutions listed in the Indian Medical Council Act.(( Section 2(h), Indian Medical Council Act, 1956)) A list of recognized universities can be found here.
  • Hold recognized medical qualifications granted by certain other Medical Institutions, also listed in the Act. A list of these institutions can be found here.
  • Enrolled with the State Medical Register(( Section 15, Indian Medical Council Act, 1956))
    or the Indian Medical Register,(( Section 21, Indian Medical Council Act, 1956)) and have received a registration number.

If the medical degree is from a foreign university degree, an Indian citizen possessing primary medical qualifications awarded by a foreign medical institution must clear a screening test,(( Section 13(4A), Indian Medical Council Act, 1956)) in order to be registered with either the Medical Council of India or State Medical Council. Further, you can find a list of  recognized foreign universities here.(( Second Schedule, Indian Medical Council Act, 1956))

Approaching the Police (Criminal Complaint)

You also have an option to file a criminal complaint if you are being sexually harassed at work. A Criminal Complaint, if proved, will put your harasser in jail. Criminal law in India makes the following acts illegal, allowing you to approach the police by filing an FIR or making a private complaint to the Magistrate:

Sexual Harassment

The following actions amount to the crime of sexual harassment under criminal law(( Section 2(n), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)):

  • Physical contact and advances involving unwelcome and explicit sexual gestures; or
  • A demand or request for sexual favours; or
  • Forcibly showing pornography to the woman; or
  • Making sexually coloured remarks.

Outraging a woman’s modesty, either by actions or by words

Using force against a woman, or even threatening to use force, knowing that doing so would ‘outrage her modesty’(( Section 354, The Indian Penal Code, 1860.)) . The law does not specifically define what outraging of modesty is. Courts usually determine it by looking at facts and circumstances surrounding the incident.

Forcing a woman to disrobe

Using force, or threatening to use force against a woman to undress her(( Section 354B, The Indian Penal Code, 1860.)) .

Voyeurism

Voyeurism is when you gain sexual pleasure from watching others when they are naked or engaged in sexual activity. However, as per Indian law, this crime is said to be committed if a person either watches or captures the image of a woman engaging in an act that she would usually perform only under the expectation that she would not be observed by anyone (the perpetrator included) private act(( Section 354C, The Indian Penal Code, 1860)) .

Stalking

Stalking is continuously following a woman or contacting her where she has clearly shown she doesn’t want the attention. This can be both online or in person. Stalking can take different forms such as(( Section 354D, The Indian Penal Code, 1860)):

  • harassing telephone calls,
  • computer communications,
  • letter writing, etc. or
  • any other mode of unwanted and intimidating surveillance.

Notice Period to Terminate Employment

What is Notice Period?

When you decide to terminate your employment, you are required to let the employer know by giving them advance notice of your intention to leave. This is called the notice period.

How Long is a Notice Period?

The notice period will be given in your employment contract. The average notice period usually ranges from 1 to 3 months. Your employer has to pay you your usual salary during this notice period.

Waiving or Extension of Notice Period

Depending upon the circumstances, the employer may expressly waive the notice period or request you to extend the notice period. You can deny the request for extension of the notice period if you wish to do so as long as it does not go against your contract.

Leaving Without Notice Period

Leaving without giving notice or any communication may have adverse consequences, such as being sued for breach of contract or the employer may initiate arbitration proceedings against you.

Health and Safety of Working Children

It is important that health and safety of working children is taken care of. As an employer of an adolescent or a child allowed by the law to work, you should make sure that the child or adolescent is provided with the highest standards of safety and care through the following measures:

Environment

  • The establishment should be clean and free from any form of nuisance.
  • Wastes and effluents should be disposed off properly and in a manner which it is not open and unhygienic.
  • There should be proper ventilation and lighting.
  • The building must be maintained and precautions must be taken for fire accidents.
  • All the machinery should be fenced to prevent accidents.

Facilities

  • Provisions for drinking water, latrines, urinals and spittoons should be made.
  • Protective gear for eyes and body should be provided.
  • Floor, stairs and means of access.
  • Maintenance of building and machinery.

Instructions

  • Proper instructions should be given to adolescents for handling dangerous machines.
  • Training and supervision should be given to adolescents for handling dangerous machinery.
  • If you don’t fulfill your duties as an employer to comply with the laws on health and safety you can be jailed for a maximum period of a month or be fined a maximum amount of Rs. 10,000 or both.

Duties of a Medical Professional or Doctor

A doctor should uphold the dignity and honor of their profession,(( Regulation 1.1.1, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002)) and their prime objective should be to render service to humanity.(( Regulation 1.1.2, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002)) Further, doctors should be upright, modest, sober, patient, prompt and conduct themselves with propriety in their profession.(( Regulation 1.1.2, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002)) Legal regulations provide a comprehensive list of a doctor’s general duties, which are:

Maintaining a good practice

Doctors should:(( Regulation 1.2, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

  • Take care of each patient and provide proper service and devotion.
  • Try continuously to improve medical knowledge and skills. They should also use this knowledge to benefit both patients and other colleagues.
  • Practice methods of healing founded on a scientific basis. A doctor should not associate professionally with anyone who violates this principle.(( Regulation 1.2.1, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Maintaining medical records of patients

  • Maintaining medical records:(( Regulation 1.3, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
    • Doctors should maintain medical records of patients for a period of 3 years from the commencement of treatment.(( Regulation 1.3.1, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
    • Upon a request by the patient, or authorised attendant, or legal authorities, such medical records shall be produced within 72 hours.(( Regulation 1.3.2, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
    • A medical practitioner has to  maintain a register of all the medical certificates issued by them. The identification marks of the patient, along with the signature or thumb impression of the patient shall be collected. The practitioner has to keep a copy of the same.(( Regulation 1.3.3, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
    • Efforts have to be made to digitalize the records.(( Regulation 1.3.4, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

General Duties of a Doctor

A doctor has some general duties apart from the ones give above including:

  • Displaying registration numbers.(( Regulation 1.4, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002)) Upon registration, the State Medical Council gives the doctor a registration number. This should be displayed in all the prescriptions, certificates, money receipts given to the patients.(( Regulation 1.4.1, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Use of generic names of drugs.(( Regulation 1.5, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002)) The Generic Name of a drug refers to its chemical name, or the chemical makeup of the drug, rather than the assigned brand name.
  • Highest quality assurance in patient care.(( Regulation 1.6, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002)) Further doctors should:
    • Aid in safeguarding the profession against the admission of people who don’t have the appropriate education or don’t have the proper moral character.
    • Not employ anyone for a professional practice who is neither registered or enlisted under any of the medical laws. For example, if a doctor is hiring a nurse, it should be someone who is a registered nurse, qualified to practice medicine.
  • Exposing unethical conduct of other members of the profession.(( Regulation 1.7, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Doctors should announce their fees before rendering service. For instance, personal financial interests of a doctor should not conflict with the patient’s medical interests.(( Regulation 1.8, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))
  • Observing the laws of the country and not helping others in evading the same.(( Regulation 1.9, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

Duties towards patients

Although doctors are not bound to treat every patient that comes up to them, they should always be ready to respond to calls from the sick and injured. A doctor can advise the patient to go to another doctor, but must treat patients in times of emergencies. No doctor should arbitrarily refuse to treat their patient.(( Regulation 2.1.1, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

A doctor should be patient, delicate, and must honor the privacy of the patient.(( Regulation 2.2, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002)) While explaining the condition of a patient, the doctor should neither exaggerate nor minimize the gravity of the patient’s condition.(( Regulation 2.3, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

The patient must not be neglected. Once the doctor has undertaken a case, they should not neglect the patient or withdraw from the case without giving adequate notice to the patient and the patient’s family. Further, doctors should not deliberately commit acts of negligence that may deprive a patient from necessary medical care.(( Regulation 2.4, Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002))

If your doctor fails in any or all of these duties, you can complain against them in the appropriate forum.