Is a member of a cooperative society exempt from labour laws ?
My company wishes to appoint a cooperative society to manage the business. I would like to know whether the laws on working hours, weekly offs, ESI , PF is applicable to them. Alternatively would like to know if the case is for a working partner of a firm , ie if I employ a partner in LLP as an employee, whether the person will be covered in the above provisions.
From India, Kochi
My company wishes to appoint a cooperative society to manage the business. I would like to know whether the laws on working hours, weekly offs, ESI , PF is applicable to them. Alternatively would like to know if the case is for a working partner of a firm , ie if I employ a partner in LLP as an employee, whether the person will be covered in the above provisions.
From India, Kochi
Labour laws are applicable to all establishments irrespective of its constitution. There is no exemption if it outsource the operations to a cooperative society or a person who is a member/ partner in an LLP. After all, why should you get exemption from labour laws alone? Don't you want exemption from GST, Income Tax, Pollution certificate, licence to run from ,local self government erc? Why do you want to run your business at the cost of employees?
From India, Kannur
4238From India, Kannur
Hi
Your point is not clear
You are planing to appoint a society to manage your business? What is the structure and agreement? Are they going to run it by leasing your facility or are they running it but the profit and costs are your own? In that case, how exactly do you propose to remunerate them? The answer will depend on the above.
As for the other questions, as soon as the partner is an employee, all the labour laws will apply.
LLP has a distinct legal identify, different from its partners.
If your partner is working for the business without being an employee (not taking a salary from the firm), then the labour laws may not apply (but things like safety regulations, etc may still apply).
You need to give full details if you want the proper answer in a complex case
From India, Mumbai
Your point is not clear
You are planing to appoint a society to manage your business? What is the structure and agreement? Are they going to run it by leasing your facility or are they running it but the profit and costs are your own? In that case, how exactly do you propose to remunerate them? The answer will depend on the above.
As for the other questions, as soon as the partner is an employee, all the labour laws will apply.
LLP has a distinct legal identify, different from its partners.
If your partner is working for the business without being an employee (not taking a salary from the firm), then the labour laws may not apply (but things like safety regulations, etc may still apply).
You need to give full details if you want the proper answer in a complex case
From India, Mumbai
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