6 Basic Rights Every Employee Must Know

Last Updated at: Oct 30, 2020
employee rights
6 basic rights every employee must know
On  June 12, 2020, the Supreme Court of India pronounced its order related to the petitions filed by private companies challenging the MHA order dated March 29, 2020. The Court directed that private employers may negotiate terms and enter into settlements with their employees regarding payment of wages. This will be effective for the period from the MHA order till May 18, 2020, during which their establishments were closed down due to lockdown.


All employees have basic rights in the workplace — including the right to privacy, fair compensation, and freedom from discrimination. A job applicant also has certain rights even prior to being hired as an employee


People work in companies or organization as employees to earn money and to meet out the needs of their family. Employees have certain rights when they work in an organization. Knowing about their basic rights would be helpful to employees and their families. You can also avail certain benefits when you’re aware of the basic employee rights.

Employees working in any organization, big or small, must know their employee rights, which can be claimed anytime if they are denied. Here we list out six basic rights that every employee must be aware of, in skilled and unskilled sectors. Let us look at what are the basic rights of workers / basic rights of employees.

Listed below are some of the legal services provided at Vakilsearch. If you find them useful, feel free to contact us.

Right to be paid equally:

Gender inequalities are bound to happen in organizations and at times women are underpaid than men. Per the Equal Remuneration Act, 1976, there must be no gender bias while paying.

Right to be paid the minimum wages for organised and scheduled Work:

Under the Minimum Wages Act, both skilled and unskilled labourers should be paid a basic wage and if paid lower than that, then it will be put under the category of Forced Labour and the employee has every right to sue the employer for having them under forced bondage. Denying one’s wages is a very cruel thing to do and this is one of the basic employee rights that every employee both skilled and unskilled labour must be aware of.

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Basic rights of employees to recover the unpaid wages:

What can be done when our wages are not paid at all? Don’t need to fret when the wages are denied as employees have all the right to recover the hard-earned money through Labour Commissioner. Alternatively, they can also opt to file a Civil Suit when the wages exceed the value of Rs.18,000/

Factory Act:

The working hours for both skilled and unskilled labour are specified in law. An adult worker can work only for 9 hours a day, i.e., 48 hours a week with half an hour interval between a day’s work. Mandatory of 1 day in a week must be given as a paid break for the employee. As for children, they can work only for 4.5 hours a day. And for overtime working the pay should be doubled.

Female employees cannot be made to work between 7 pm and 6 am and the possible extension will be till 10 pm after which no female worker can be compelled to work.

Right to get earned leave:

Any adult who has worked continuously for 20 days can avail 1 earned leave and for children, it is 1 day for a continuous work of a period of 15 days. They will be paid the normal day’s pay and if they want they can carry over the annual leave for the next year too, provided that the total doesn’t exceed 30  days of leave. Thus no employee can be denied of this leave. Per the Maternity Benefit Act, pregnancy leave is of 26 weeks and 8 weeks could be taken as pre-natal leave.

Right to know of termination:

As per the law, a minimum of 3 months must be given to an employee before he can be terminated and proper notification must be made before that can be done.

Apart from these, there is also the right to have a safe and clean working environment. Thus it is the employee’s foremost right to remain safe and protected.

The knowledge about the salary regulations, maximum working hours, leave that can be availed, etc would help to avail all the benefits as an employee. Knowing in detail about the labour act and factory act would be useful for employers and even business owners.