1. Right to Equal Opportunity in Employment
Description: Employees have the right to equal access to jobs, promotions, and benefits without discrimination based on race, religion, caste, gender, or other protected categories.
Legal Basis: Articles 14 and 16 of the Constitution of India.
2. Right to Equal Pay for Equal Work
Description: Public employees performing the same duties and responsibilities are entitled to equal pay.
Also read:
- https://nexgenlegalaid.com/30-cases-where-service-law-protected-workers-rights/
- https://nexgenlegalaid.com/a-40-step-guide-to-filing-a-complaint-under-service-law/
- https://nexgenlegalaid.com/what-is-service-law-20-questions-answered-for-public-employees/
Legal Ground: Article 39(d) of the Constitution and several judicial decisions.
3. Right to Appointment on Merit
Description: Recruitment should be done on a fair and merit-based basis, including competitive examinations.
Legal Ground: Rules for public service commissions.
4. Right to Probationary Protection
Description: Employees should not be terminated arbitrarily during the probation period and must be communicated with reasons for termination.
Legal Ground: Applicable service rules and judicial precedents.
5. Right to Promotion
Description: Employees are entitled to fair consideration for promotion based on seniority or merit, as per applicable rules.
Legal Basis: Departmental promotion guidelines.
6. Right to Pension and Retirement Benefits
Description: Employees who meet the qualifying criteria are entitled to pensions, gratuity, and provident fund benefits upon retirement.
Legal Basis: Pension Act and service rules.
7. Right to Gratuity
Description: Employees with a minimum qualifying service are entitled to gratuity as a lump sum upon retirement or resignation.
Legal Basis: Payment of Gratuity Act, 1972.
8. Right to Due Process in Disciplinary Actions
Description: Employees accused of misconduct have the right to be informed of charges, present their defense, and receive a fair hearing.
Legal Basis: Principles of natural justice and service rules.
9. Right to Appeal Disciplinary Decisions
Description: Disciplinary decisions of the administrative process can be challenged by employees. Employees can seek courts or tribunals.
Legal Basis: Central Administrative Tribunal (CAT) or state-specific tribunals.
10. Right Against Arbitrary Suspension
Description: Employees can be suspended only on justifiable grounds and according to laid-down rules.
Legal Basis: CCS (Conduct) Rules or equivalent state service rules.
11. Right to Challenge Unlawful Termination
Description: Employees have the right to legally challenge unlawful termination or dismissal.
Legal Basis: Principles of administrative law and employment rights.
12. Right to Leave and Holidays
Description: Employees shall be entitled to a number of leaves, being earned leave, medical leave, maternity/paternity leave etc and public holidays .
Legal Basis: Leave rules under applicable service regulations.
13. Right to Safety at the Workplace
Description: Public employees are entitled to a safe and healthy work environment.
Legal Basis: Occupational Safety Laws and departmental safety guidelines.
14. Right to Representation
Description: Workers are entitled to be represented by legal counsel or union representatives when undergoing disciplinary processes.
Legal Reason: Principles of natural justice.
15. Right to a Fair Transfer Policy
Description: Transfers should not be punitive and consistent with the organization’s transfer policy.
Legal Basis: Administrative laws and judicial case laws.
16. Right to Freedom from Harassment
Description: Workers are protected from harassment in the workplace, especially sexual harassment.
Legal Provisions: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
17. Freedom of Association
Definition: Employees can form and join unions or associations to protect their interest.
Legal Provision: Article 19(1)(c) of the Constitution.
18. Right to Grievance Redressal
Definition: Employees can file grievance and should receive expeditious redress through internal mechanism or legal forums.
Legal Provision: Grievance redressal policy under service rules.
19. Right to Retirement Dues
Description: All retirement dues and pensions including gratuity would be payable without unduly-delaying.
Legal Basis: Service rules and the Payment of Gratuity Act.
20. Right to maternity and paternity leave
Description: Paid maternity leave is guaranteed to female employees, while male employees might be eligible for paternity leave according to the service rules.
Legal Basis: Maternity Benefit Act, 1961 and service-specific rules.
21. Right to Periodic Pay Revisions
Description: Employees are entitled to periodic pay reviews based on pay commissions or departmental decisions.
Legal Basis: Recommendations of central and state pay commissions.
22. Right to Legal Remedies
Description: Employees can seek redress before administrative tribunals or courts for breach of service rights.
Legal Basis: Administrative Tribunals Act, 1985, and constitutional remedies.
23. Right Against Victimization
Description: Employees cannot be victimized for whistleblowing or reporting malpractices.
Legal Basis: Whistleblower Protection Act, 2014.
24. Right to Privacy
Description: Employees have the right to privacy of personal information unless otherwise required by law.
Legal Basis: Article 21 of the Constitution and judicial interpretations.
25. Right to Equality in Retirement Benefits
Description: Employees in similar positions and with similar service years must be treated equally in retirement benefits.
Legal Basis: Principles of equality under Articles 14 and 16.
Conclusion
These rights guarantee fairness, security, and equality for public employees under service law. It is important to know these rights to be able to raise grievances, protect interests, and ensure a productive work environment. For specific issues, it is recommended to consult a service law expert.