In India and globally there is an increase in level of job pressure due to increasing competition and globalization. In this article we will look at the laws governing employment and social work in India, and review it in detail.
Job/ Work pressure is the pressure which you experience at work. With pressure we mean that you must finish a certain number of tasks within a certain timeframe. Work pressure thus is when you experience pressure, because you have to properly finish a certain number of tasks by a specific time.
Social work is a profession concerned with helping individuals, families, groups and communities to enhance their individual and collective well-being. It aims to help people develop their skills and their ability to use their resources and those of the community to resolve problems.
Social work employment:
It means the social worker who works for social cause which benefits the society. It is working for a social cause. The organizations which work for society includes social institutions, NGO’s, etc.
Causes of job pressure:
1. Meeting the deadlines: Nowadays, most of the work is done to meet the deadlines and projects. In order to meet these deadlines the employee goes through stress for timely completion of work.
2. Decision making: Employees often have to go through decision making regarding their work which aggravates their stress.
3. Dealing with clients: Clients in any office are tough to deal with and are often considered as a great stress creator.
4. Imbalance in life: Due to increasing deadlines and schedules are often disrupted and can cause difficulty in maintaining right balance in professional and personal life.
5. Discrimination: Sometimes employees have to face discrimination against the other employees in the workplace and this can create stress among the employees.
Laws regarding employment:
There is no specific act governing employment in India. There are various types of acts governing the employment in India. They include Industrial Disputes Act, 1947, Factories Act, 1948, laws relating to wages, labours, social security, employment, etc.
Rights of employees in job:
1. Right against discrimination at workplace:
Scheduled castes and Tribes (prevention of atrocities) act, 1989 prevents the employee from scheduled and tribal caste from facing any discrimination at workplace. According to the recent supreme court judgment in 377 of Indian Penal Code 1860, LGBTQ ( lesbian, gay, bisexual and transgender queer) shall not be shown discrimination or derogate them in any manner.
2. Employment agreement:
The employment agreement between the employee and employer should specify the accurate details about employment terms, compensation, working hours, designation, etc.
3. Maternity benefits:
The Maternity Benefit Act, 1961 provides for prenatal and postnatal leave for female employee in an organization. Now according to this act the female employee can get 26 weeks of leave during pregnancy.
4. Provident fund:
Employee Provident Fund Organisation (EPFO) is the national organization which manages the retirement benefits scheme for all salaried employees. Every employee gets salary and some part of his salary goes into PF which he gets at the time of retirement.
The Payment of Gratuity Act, 1972 provides a statutory right to an employee in service for more than five years to gratuity. This too is a benefit available to employee.
6. Fair salary:
It is the right of every employee to be entitled to fair and correct salary for his work. This comes under Payment of Wages Act.
Payment of Bonus Act, 1965 controls the amount of salary to be given to the employee.
8. Appropriate working hours and overtime:
The Factories Act provides for rules and regulations regarding working hours and overtime of the employees.
9. Right to leaves:
The employees are entitled to leaves. Leaves include casual leave, sick leave, and other leaves.
10. Prevention of sexual harassment at workplace:
Sexual harassment of Women at workplace (Prevention, Prohibition, and Redressal), 2013 prevents women from sexual harassment at workplace. There are stringent laws made in order to curb this sexual harassment.
Vishakha and Ors vs. State of Rajasthan was a leading case which made the Supreme Court to take a serious look into the matter of sexual harassment and such actions punishable under law.
Social work employment and law:
Lok adalats, legal counseling, legal literacy, legal documentation, arbitration, mediation, conciliation provide a link between law and social work. People are educated about various laws and their cases are solved through arbitration or lok adalats without wasting time by visiting the courts.
Due to increasing co relation between law and social work there are many social workers appointed as judges in dispute settlement mechanism. Union and State Governments have constituted rights commissions, vigilance bodies and has provided an elaborate scheme of legal aid for the poor in order to provide access to justice for everyone.
Thus, a social worker acts as a mediator between law and the society. Hence, he plays an important role in the society.
Thus, from the above study we can conclude that there are various laws in India governing employment and social work. However, due to rising competition employees face job pressure at their work place. Hence, there is a need for better implementation of these laws, which can help in betterment of the society in general.
This article is written by Samruddhi Joshi of GOPALDAS JHAMATMAL ADVANI LAW COLLEGE.