We have to provide a quotation for Housekeeping services for an eye hospital with less than 25 beds, a 6-floor facility, and an approximate area of 10,000 sq. feet. We are registered in the Shop & Act Category. Which category's contract rates will be applicable for this situation - Hospital category or Dispensary category? Will Bonus & HRA charges be applicable in the contract rates or not? Please provide an answer with valid proof documents so that we can reference them in the quotation.
From India, Ichalkaranji
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From India, Ichalkaranji
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Your description suggests that your contract employees will have to be engaged in a hospital, as you have also mentioned. Therefore, I believe that the scheduled minimum wages applicable for hospitals only will apply. Bonuses will likely apply, but the provision of House Rent Allowance (HRA) to contract employees needs to be examined.
From India, Bangalore
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1273From India, Bangalore
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Dear friend,
Wages/salary payable to the paid employees such as doctors, nurses, etc., cannot be a factor in deciding the difference between a hospital or a nursing home and a dispensary. All are institutions engaged in the treatment of sick people, but the scale of their operations differs according to the nature of treatment provided.
A hospital is a building where patients are received and treated as both in-patients and out-patients, depending on the nature and severity of illnesses, whereas a dispensary is a place where only surgical or medical aid is given to the needy as out-patients. Hospitals and nursing homes are similar in their services but differ in terms of size and facilities.
If different rates of statutory minimum wages are set for hospitals and dispensaries, the notification would certainly contain the definitions of the terms "hospital" and "dispensary," and you must determine your applicable rates accordingly.
From India, Salem
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Wages/salary payable to the paid employees such as doctors, nurses, etc., cannot be a factor in deciding the difference between a hospital or a nursing home and a dispensary. All are institutions engaged in the treatment of sick people, but the scale of their operations differs according to the nature of treatment provided.
A hospital is a building where patients are received and treated as both in-patients and out-patients, depending on the nature and severity of illnesses, whereas a dispensary is a place where only surgical or medical aid is given to the needy as out-patients. Hospitals and nursing homes are similar in their services but differ in terms of size and facilities.
If different rates of statutory minimum wages are set for hospitals and dispensaries, the notification would certainly contain the definitions of the terms "hospital" and "dispensary," and you must determine your applicable rates accordingly.
From India, Salem
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Maharashtra Minimum Wages has a schedule of wages mentioned for Housekeeping (Scavengers). Please check that and apply. It's not the hospital or dispensary but the type of employment for which people are employed as per the given schedule. Since it's hospital-based on the amount of workloads and responsibilities, additional allowance or incentives can be added. But for housekeeping work, the minimum wages are already mentioned, which are usually applied for government hospitals as well.
As per Umakantan sir, if there is mention for hospital or dispensary, then there must be a clear definition of both the categories.
From India, Vadodara
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As per Umakantan sir, if there is mention for hospital or dispensary, then there must be a clear definition of both the categories.
From India, Vadodara
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Dear Queriest,
The erstwhile Bombay Shops and Establishments Act, 1948 was initially made applicable to shops and “commercial establishments”. However, in the year 1977, the State Government of Maharashtra amended the Bombay Shops and Establishments Act, 1948 with a view to include all professionals, including medical practitioners, within the ambit of the Bombay Shops and Establishments Act, 1948. A medical practitioner, had challenged the amendment before the Bombay High Court and the latter, vide its order of 10th July 2017, had struck down the amendment as unconstitutional insofar its applicability to medical practitioners and their establishments was concerned.
However, when the Government of Maharashtra introduced the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2017 in the Maharashtra Legislative Assembly, the new bill categorically included doctors and hospitals in the definition of “establishment” with the State Government applying the provisions thereof to medical practitioners and their establishments if they employ 10 of more than employees.
Under the Maharashtra Shops and Establishment Act, 2017, “establishment” means an establishment which carries on, any business, trade, manufacture or any journalistic or printing work, or business of banking, insurance, stocks and shares, brokerage or produce exchange or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession or manufacture; and includes establishment of any medical practitioner (including hospital, dispensary, clinic, polyclinic, maternity home and such others), architect, engineer, accountant, tax consultant or any other technical or professional consultant; and also includes a society registered under the Societies Registration Act, 1860, and a charitable or other trust, whether registered or not, which carries on, whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto; and includes shop, residential hotel, restaurant, eating house, theater or other place of public amusement or entertainment; to whom the provisions of the Factories Act, 1948 does not apply ; and includes such other establishment as the State Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act;
Thus, while medical practitioners, clinics, polyclinics, maternity homes, hospitals and dispensaries that employ less than ten persons are exempt from applicability of this act those that employ ten or more must register under this Act and comply with its requirements in terms of work hours, leave etc. This position under law has now been validated by the recent judgement of the Bombay High Court.
As such it appears this Act doesn't differentiate between hospitals & dispensaries. What's important here is how many employees are there any time in a year, viz., 10 or more and their categories. Also refer the attached schedule which shows in a cursory look applicability of various acts etc. which might help you little more.
From India, Bangalore
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The erstwhile Bombay Shops and Establishments Act, 1948 was initially made applicable to shops and “commercial establishments”. However, in the year 1977, the State Government of Maharashtra amended the Bombay Shops and Establishments Act, 1948 with a view to include all professionals, including medical practitioners, within the ambit of the Bombay Shops and Establishments Act, 1948. A medical practitioner, had challenged the amendment before the Bombay High Court and the latter, vide its order of 10th July 2017, had struck down the amendment as unconstitutional insofar its applicability to medical practitioners and their establishments was concerned.
However, when the Government of Maharashtra introduced the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2017 in the Maharashtra Legislative Assembly, the new bill categorically included doctors and hospitals in the definition of “establishment” with the State Government applying the provisions thereof to medical practitioners and their establishments if they employ 10 of more than employees.
Under the Maharashtra Shops and Establishment Act, 2017, “establishment” means an establishment which carries on, any business, trade, manufacture or any journalistic or printing work, or business of banking, insurance, stocks and shares, brokerage or produce exchange or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession or manufacture; and includes establishment of any medical practitioner (including hospital, dispensary, clinic, polyclinic, maternity home and such others), architect, engineer, accountant, tax consultant or any other technical or professional consultant; and also includes a society registered under the Societies Registration Act, 1860, and a charitable or other trust, whether registered or not, which carries on, whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto; and includes shop, residential hotel, restaurant, eating house, theater or other place of public amusement or entertainment; to whom the provisions of the Factories Act, 1948 does not apply ; and includes such other establishment as the State Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act;
Thus, while medical practitioners, clinics, polyclinics, maternity homes, hospitals and dispensaries that employ less than ten persons are exempt from applicability of this act those that employ ten or more must register under this Act and comply with its requirements in terms of work hours, leave etc. This position under law has now been validated by the recent judgement of the Bombay High Court.
As such it appears this Act doesn't differentiate between hospitals & dispensaries. What's important here is how many employees are there any time in a year, viz., 10 or more and their categories. Also refer the attached schedule which shows in a cursory look applicability of various acts etc. which might help you little more.
From India, Bangalore
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