Dear All,
I have been asking this question since a few days back but haven't got a reply. May be now I will!
Can Housing Societies be deemed as employers if they hire 20 or less staff directly ie Maintenance/Security Staff . What are the liabilities / responsibilities o the Society?
regards,
mims :confused::confused::confused:
From India, Bangalore
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I have been asking this question since a few days back but haven't got a reply. May be now I will!
Can Housing Societies be deemed as employers if they hire 20 or less staff directly ie Maintenance/Security Staff . What are the liabilities / responsibilities o the Society?
regards,
mims :confused::confused::confused:
From India, Bangalore
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Pl tell whether your Housing society is registered under any Act or it is an informal association of members to carry out/maintain the common facilities ?
From India, Madras
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86From India, Madras
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The housing society is registered under the Societies Act. There is a single employee responsible for cleanliness, security, STP maintenance from morning to evening, and also required to sleep (only sleep) in the parking area at night to ensure security. However, there are no clear rules regarding the number of hours of work per day/week and time for rest.
What are the rules governing the employment of labor in the unorganized sector in India, such as in households similar to this employee?
Awaiting your response, please.
Thanks,
Mims
From India, Bangalore
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What are the rules governing the employment of labor in the unorganized sector in India, such as in households similar to this employee?
Awaiting your response, please.
Thanks,
Mims
From India, Bangalore
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Your housing society will come under the definition of a shop or commercial establishment, and the provisions of your State's Shops and Commercial Establishments Act will apply to the only employee employed by you. If so, you will have to show that he works only for 8 hours a day, takes care of the houses/flats/apartments during his 8-hour duty, and is allowed to rest for the remaining hours of the day. Otherwise, it will become a problem for you because you are not authorized to engage a person for 24 hours, whether he works or sleeps, and only sleep. It is your responsibility, and if he is sleeping throughout, you have the option to initiate action against him, including dismissing him from service on charges of sleeping while on duty. However, the duty hours should not exceed 24 hours, even if he has no work to do. Moreover, tasks such as housekeeping, cleaning STP, ensuring security, etc., are assigned to him, which seems to be more than sufficient for a single person to handle. It is not convincing to claim that a housing society has only one employee.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Thanks, Madhu. That is what I am trying to bring to the notice of my Housing Society. Can the employee be fired at will, or does he need to be given notice/written warning, etc., even though he is not contractually employed.
Regards, Mims
From India, Bangalore
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Regards, Mims
From India, Bangalore
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The manner in which disciplinary action should be initiated against a worker depends to a great extent on the terms and conditions of service. Since this man is the only employee and there exist no service conditions attached to his employment, the procedure as stated in the law should have to be followed.
Since the person has been employed continuously, it is advisable to give a warning or memo in writing so that there will not be any confusion later on. On the other hand, if he has been engaged casually (casually means for the time being and not regularly by all means), he can be fired without formalities.
Madhu.T.K
From India, Kannur
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Since the person has been employed continuously, it is advisable to give a warning or memo in writing so that there will not be any confusion later on. On the other hand, if he has been engaged casually (casually means for the time being and not regularly by all means), he can be fired without formalities.
Madhu.T.K
From India, Kannur
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Deemed exemptions.pdf