Q1: When can a worker resign without notice and still keep legal rights?
A worker can resign without giving notice if the nature of their work is substantially different from the contract, if they are insulted or assaulted, or if a certified medical report shows the job harms their health. In such cases, they retain all legal rights. The law protects workers from unfair or unsafe conditions. These grounds are specified under Section 29 of the Labour Code.
Q2: Can an employer fire someone without notice?
Yes, an employer can dismiss a worker without notice in cases of serious misconduct such as fraud, repeated absences, endangering the workplace, or being intoxicated on the job. However, the employer must follow legal procedures and provide evidence. If these steps are skipped, the dismissal can be challenged. Courts can rule in favor of the employee in such disputes.
Q3: Are there any categories of workers protected from dismissal?
Yes, certain categories of workers are protected under the law from dismissal. These include pregnant women in their sixth month or on maternity leave, workers on annual or sick leave, and those performing military or union duties. Terminating any of these employees is considered illegal. The worker can seek compensation or reinstatement through the courts.
Q4: What should a worker do after being unfairly dismissed?
If a worker is dismissed unfairly, they must file a case in court within 60 days. The court may then order the employer to reinstate the worker or pay financial compensation. Compensation ranges between three and six months’ wages, depending on the situation. The worker is also entitled to any unpaid dues and benefits.
Q5: What happens to a worker’s rights if they die during employment?
If a worker dies during employment, their legal heirs are entitled to receive all pending dues. This includes unpaid wages, leave balances, and end-of-service benefits. The law treats it as if the employer terminated the contract. This ensures that the worker’s family receives proper compensation.
Q6: Can an employer stop work temporarily?
An employer can temporarily stop work due to reasons beyond their control, such as natural disasters or economic crises. In such cases, workers are entitled to full wages for the first 10 days and half wages for up to 50 more days in a year. The total period of stoppage must not exceed 60 days annually. The Ministry of Labour may intervene if necessary.
Q7: Are there penalties for wrongful termination?
Yes, employers who terminate workers in violation of the law may face financial penalties. They must pay the worker all legal dues, including compensation for unfair dismissal. Courts may also order reinstatement in some cases. These provisions help protect employees from arbitrary firings.
Q8: Can employers apply disciplinary penalties?
Employers may impose disciplinary penalties only for offenses listed in approved regulations. No more than three days’ wages may be fined per month, and the worker must be given a chance to respond. The fines must be documented and used for employee welfare. This ensures fair and transparent disciplinary action.
Q9: What happens if the employer pays less than agreed?
If an employer pays a worker less than the agreed or legal wage, the worker can file a complaint. The employer is required to pay the difference and may be fined. Repeated violations lead to higher penalties. The worker must act within six months of leaving the job.
Q10: Are there remedies for contract suspensions?
Yes, the Ministry of Labour can establish a commission to investigate contract suspensions. If the suspension is found unjustified, the worker can resign and still claim full rights. Employers must notify the Ministry before suspending contracts. This process ensures that workers are not unfairly deprived of income.
