Burnout is no longer just a personal struggle- it’s a pressing issue that organisations must address to foster a healthy work environment.
A report by Deloitte indicates that 77% employees have experienced burnout at their current job, with more than half citing more than one occurrence.
In today’s workplace culture, failing to manage employee well-being can lead to serious legal ramifications, making it critical for companies to adopt a proactive and compliant approach.
But does the law care about a healthy work culture?
Yes! There are several laws in support, some include –
Occupational Safety, Health and Working Conditions Code, 2020 (OSHWC)
Under this Code, employers are mandated to create a healthy work environment with strict provisions regarding working hours, rest periods and overtime. The law limits working hours to 9 hours per day and 48 hours per week, ensuring that employees receive mandatory rest periods.
Prolonged working hours without adequate breaks significantly contribute to burnout, and the Code emphasises the necessity for employees to have sufficient rest to maintain both their physical and mental well-being. If employees work beyond these limits, they must be compensated accordingly, and employers are prohibited from coercing employees into consistently working overtime.
Work-related stress is now recognized as an “occupational hazard” and organisations are required to take proactive steps to manage the same. This includes providing medical and welfare facilities, particularly support for mental health conditions.
Employers must also establish a Health and Safety Committee that includes employee representatives to monitor workplace safety, including mental health concerns. Non-compliance with the OSHWC can result in penalties, fines, or even the temporary closure of non-compliant establishments.
Industrial Relations Code, 2020
Under this Code, Workplaces with more than 20 employees are required to establish a grievance redressal mechanism to effectively handle employee complaints.
Elements of the grievance redressal mechanism
- This mechanism must address a wide range of issues, including burnout. It should be designed to facilitate easy access for employees to report issues while ensuring confidentiality to protect the identity of complainants.
- Clear procedures for filing complaints and receiving feedback are essential.
- Employers are obligated to address grievances promptly by setting clear timelines for resolution and regularly communicating progress to the affected employees.
- Additionally, the grievance redressal mechanism should be regularly reviewed and updated based on employee feedback and the outcomes of previous complaints.
Maintaining records of grievances and their resolutions is crucial for identifying patterns and areas for improvement in workplace conditions. Employers must also ensure that the grievance mechanism complies with all applicable laws and regulations to protect employees’ rights and foster a fair and inclusive workplace.
Code on Social Security, 2020
The Code on Social Security, consolidates several existing social security laws to provide broader coverage and benefits for employees. It includes provisions for welfare provisions and disability benefits, which offer financial support during times of stress or health issues.
Additionally, employers are mandated to provide health insurance for employees, including coverage for mental health treatments, thereby supporting those struggling with burnout.
The code specifically ensures that women are entitled to maternity leave, which helps mitigate stress during and after childbirth. These provisions extend support for employees injured at work, including mental health injuries, thereby recognizing the importance of overall employee well-being.
Mental Health Act, 2017
The Mental Healthcare Act, 2017 (MHA) is pivotal in ensuring that mental health is treated with the same importance as physical health. It provides a legal framework to protect the rights of individuals with mental illnesses, including stress-related disorders such as burnout. Under this law, employees have the right to access mental health services, and it is the employer’s duty to facilitate this, especially in high-stress environments.
According to the Act, employees experiencing burnout or mental health issues are entitled to seek treatment without discrimination, and employers must provide information about available mental health services. Additionally, any mental health information shared by employees must be kept confidential, with breaches resulting in legal penalties.
The law also decriminalises suicide attempts linked to workplace stress, requiring organizations to identify stressors and implement support mechanisms; failure to do so can lead to legal action for negligence.
Shops and Establishment Act, 1947
The Shops and Establishments Act, which varies by state, aims to regulate work conditions and ensure employee welfare in commercial establishments. This Act typically sets limits on working hours and includes provisions for overtime, helping to prevent excessive work that can lead to burnout. Employees are entitled to weekly holidays, essential for recovery and maintaining work-life balance.
Most state acts provide for paid leave, including sick leave and casual leave, enabling employees to take necessary time off to manage stress and prevent burnout. The Act also mandates a safe working environment and provides a framework for addressing grievances, fostering a supportive workplace overall.
While we have so many legal mechanisms in India for the protection of employees, why is it so important for the companies to implement the provisions of these legislations?
Watch out for Part 2 to know more.
In the meanwhile, do you want to ensure that your management team is aware of all these laws in detail?
Why wait?
Write to us at hello@serein.in for customised labour law training programs to avoid burnout in your workplace!