Dear All, Need your expertise on applicability of labour laws and the benefits for the employees working on charitable Institutions registered under Societies Registration Act, which work on child, women, education development without any commercial activities. Clearly, saying the application of Minimum Wages, ESI, pf , Gratuity etc.
Thanks,
Jayarani J
From India, Madras
4Thanks,
Jayarani J
From India, Madras
Dear Jayarani,
Would have been better had you furnished the total no of employees in the whole establishment with break up for each separate unit of activity and locations. As it is, if the total no of employees is 10 and more, the Payment of Gratuity Act,1972 would be applicable.
From India, Salem
Would have been better had you furnished the total no of employees in the whole establishment with break up for each separate unit of activity and locations. As it is, if the total no of employees is 10 and more, the Payment of Gratuity Act,1972 would be applicable.
From India, Salem
Thank for your reply sir.
In our projects, we employ both salaried and casual labours .Altogether it is 75 salaried employees and 35 casual labours working in the sites and in the offices.
Also, you mean to say , 10 more or persons working in the organisation as a whole or 10 or more in each project .
From India, Madras
In our projects, we employ both salaried and casual labours .Altogether it is 75 salaried employees and 35 casual labours working in the sites and in the offices.
Also, you mean to say , 10 more or persons working in the organisation as a whole or 10 or more in each project .
From India, Madras
Dear Jayarani,
Simultaneous application of several Labor Laws to any establishment possessing the characteristics of industry is dependent upon so many factors such as its nature of activities, number of employees as a whole or unit-wise, subject-matter of the applicable Law, locale of the establishment etc. To explain it by means of examples, the Industrial Disputes Act,1947 would be applicable in matters of industrial disputes; if your Administrative or Head Office is situated in an area covered by the Shops and Establishment Act, it would be an establishment under the Act irrespective of its no. of employees; if the total no is 10 or more and 20 or more at any point of time, then the Payment of Gratuity Act,1972 and the EPF Act,1952 would be applicable respectively to the establishment as a whole including the employees of its other units; if one of its units is engaged in any manufacturing process, then that particular unit would be a factory under the Factories Act,1948 based on the number of workmen cum usage of power; if the employment in any such units are covered by the schedule of the Minimum Wages Act,1948, then such units would fall within the purview of that Act. When a charitable organization engages itself in multifarious activities through its employees with their systematic co-operation in different units, as a whole it becomes a composite organization whereas unit-wise different ones based on activity-wise. Therefore, no one can give you a comprehensive answer to your question. Better, approach the concerned authority under each Act about which you are doubtful.
From India, Salem
Simultaneous application of several Labor Laws to any establishment possessing the characteristics of industry is dependent upon so many factors such as its nature of activities, number of employees as a whole or unit-wise, subject-matter of the applicable Law, locale of the establishment etc. To explain it by means of examples, the Industrial Disputes Act,1947 would be applicable in matters of industrial disputes; if your Administrative or Head Office is situated in an area covered by the Shops and Establishment Act, it would be an establishment under the Act irrespective of its no. of employees; if the total no is 10 or more and 20 or more at any point of time, then the Payment of Gratuity Act,1972 and the EPF Act,1952 would be applicable respectively to the establishment as a whole including the employees of its other units; if one of its units is engaged in any manufacturing process, then that particular unit would be a factory under the Factories Act,1948 based on the number of workmen cum usage of power; if the employment in any such units are covered by the schedule of the Minimum Wages Act,1948, then such units would fall within the purview of that Act. When a charitable organization engages itself in multifarious activities through its employees with their systematic co-operation in different units, as a whole it becomes a composite organization whereas unit-wise different ones based on activity-wise. Therefore, no one can give you a comprehensive answer to your question. Better, approach the concerned authority under each Act about which you are doubtful.
From India, Salem
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Applicability of Labour laws-Various issues Statement.docx
Labour laws.ppt