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The article underscores the pressing issue of mental health in the Indian workplace. Citing a report by GOQii, it reveals that a staggering 26% of Indians experience stress stemming from their jobs, with long working hours and intense competition identified as primary contributors. This emphasizes the urgent need for proactive measures to safeguard employee well-being.
The article acknowledges the complexities of defining and regulating a safe work environment. While it may be difficult to control every aspect of employment conditions, the onus remains on employers to ensure their employees are not subjected to undue stress. Tort law, despite its potential for providing redress, is uncodified and fraught with ambiguities. The article advocates for a more proactive approach, suggesting that amending labor codes to explicitly include employee mental health and the corresponding preventive measures required of employers could be a pivotal step towards creating a healthier work environment.
Furthermore, the article stresses the importance of adapting legal frameworks to the changing realities of work culture. The evolution of society necessitates a corresponding evolution in the law to effectively address emerging issues like workplace stress. The article highlights the case of EY as an example of the need for legislative revisitation, emphasizing the urgency of staying abreast of evolving circumstances and addressing them with appropriate legal safeguards.
In essence, the article advocates for a comprehensive approach that prioritizes employee mental health within the legal framework. This includes establishing clear guidelines for employers to protect their employees from undue stress, adapting existing laws to reflect changing workplace realities, and extending these protections to all workers, including those in the unorganized sector. The article emphasizes the need for a collaborative approach between public authorities and private companies to ensure that the workplace becomes a space that promotes both physical and mental well-being.
Source: Employer's duty to protect mental health of employees: What the labour laws say