What are the laws to cover harassment of employees

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Indian labour laws cover a large number of acts under its purview and since labour laws are covered under the concurrent list of the Seventh Schedule of the Constitution of India, so both central and state governments have jurisdiction to pass their own laws on relations between the labourers and relating to issues of the employment.

HARASSMENT BY DEDUCTION OF UNREASONABLE WAGES BY EMPLOYER
Payment of Wages Act, 1936 is intended to be a remedy against the unreasonable and unauthorized deductions made by the ‘Employer’ or unjustified delay in payment of wages.

Section 5 of the Act specifies the Time of payment of wages- Timely payment of wages should be made. If manpower is less than 1000, then 7th day of the month and if more than 1000, then 10th day of the month.

Section 7-13 defines the Deductions- No unreasonable and unauthorized deductions should be made from the wages.

HARASSMENT BY SEX DISCRIMINATION
Employees can be harassed by not following the Principle of Equal Pay for Equal Work. According to Article 39(d) of the Constitution and Section 2(h) of the Equal Remuneration Act 1976 it is the duty of the employer that every employee should receive same remuneration for similar nature of work.

HARASSMENT BY DEFAMATION
Section 499 of the IPC defines the Defamation if it is a Criminal Wrong. Otherwise in civil cases defamation can be included under the Law of Torts.

HARASSMENT BY UNREASONABLE CLAUSES IN THE EMPLOYMENT AGREEMENTS
Dismissal Regulation

Industrial Disputes Act 1947

Chapter 5A: LAY OFF AND RETRENCHMENT

This Chapter lays down that a 30 to 90-day notice period applies in order to terminate ‘workmen’ (as defined in the Industrial Disputes Act, 1947) – that is, employees whose role is not primarily supervisory, administrative or managerial) for convenience.

DISCRIMINATION ON GROUNDS OF PREGNANCY AND DISABILITY
According to Maternity Benefit Act, 1961 it is unlawful and unauthorized on the part of the lawyer to discharge or dismiss women when she absents herself from work within the provision of this act.



Section 24A of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 guarantees no discrimination in employment.

Some of the remedies that can be provided are listed below:

Injunction of that particular practice.
Actual and Compensatory damages can be paid for the loss suffered.
The perpetrator can be asked to compensate from out of pocket expenses.
Promotion and Incentives can be provided by the Enterprise.

Advocate Siddhant Sharma LawRato