*In this video we are describing why appointment letter or joining letter is important?
Every Employee Must Know This
An Employment Agreement is a legal document, which contains the ‘terms and conditions’ of your employment. It lists the rights and obligations of both, the employer and the employee, and is designed to give both parties security and protection.
By law, your employer must give you a written Employment Agreement before you start work.
The Importance of an Employment Agreement
An Employment Agreement gives both parties a sense of security that both are fully aware of their obligations and have agreed to comply with the stated terms and conditions.
A professionally well-drafted Employment Agreement endeavours to prevent disputes between employers and employees, and in the event of any dispute, it serves to resolve the dispute because all terms of employment are clearly mentioned in it.
You have the right to get advice on an Employment Agreement before you agree to it or sign it.
It is a good idea to spend some time carefully thinking about the conditions of the Agreement. If in doubt, seek professional help.
Generally, an employee is given the following leaves during the course of his or her employment:
Casual Leave: This is provided to an employee to take care of urgent or unseen matters like a family emergency; for example, employees can apply for casual leave to attend a parent-teacher meeting called for by their child’s school.
Sick Leave: Sick leave is provided when an employee gets sick.
Privilege or Earned Leave: Privilege or earned leaves are long leaves that are planned for in advance.
Other Leaves – Apart from the above mentioned leaves, there are some other paid, unpaid or half-paid leaves which are provided at the discretion of the company. Study leave and bereavement leave are two such examples.
Medical Certificate for one-day sick leave
Usually, when a sick leave exceeds beyond two or three days, depending upon the company policy, employees are requested to submit a medical certificate to sanction the leave. However, in the case of one-day sick leave, an employer should not ask for a medical certificate.
In one of its judgements, the Supreme Court mentioned that an employee will not necessarily seek medical attention if he or she is ill for just a day.
Encashment Leave
An employee can take encashment leave while quitting service, superannuation, discharge, dismissal or death. Leave encashment should be as per average daily wages of an employee.
Leave during notice period
An employee can take leave during notice period, provided it is for a genuine reason like maternity, health issues, etc.
The Delhi High Court, in one of its judgement, said that an employee can take leave during the notice period if nothing is mentioned in the appointment letter which bars the employee from taking leave during the notice period, if he has leave to his credit and is entitled to the same.
Employee’s Provident Fund (EPF) is a retirement benefit scheme that’s available to all salaried employees. It is managed by the Employee Provident Fund Organisation of India and any company with over 20 employees is required by law to register with the EPFO.
As per law, both, the employer and the employee have to contribute 12% of their basic salary to the provident fund. If any employer is deducting the whole PF contribution from an employee’s salary then it is against the Act, and he can apply against the same in the PF Appellate Tribunal.
Is it necessary to contribute to PF?
If you earn more than Rs 6,500 a month, you can always opt out of contributing towards EPF. However, you need to opt out of it at the start of your career. If you have been a part of EPF even once, then you are not allowed to stop contributing.
Understanding your rights as an employee is the first step in securing them.
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