Anonymous
Hi! Can someone please guide me regarding labour laws applicable to horticulture industry? Thanks & Regards,
From India, Mumbai
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Depending on the number of employees employed, including contract workers, the establishment will be covered by all the Labour Laws in India. These laws include the Minimum Wages Act, Payment of Wages Act, Employees State Insurance Act, Employees Provident Fund and Misc. Provisions Act, Workmen's Compensation Act, Payment of Bonus Act, Payment of Gratuity Act, Maternity Benefit Act, Factories Act, Shops and Commercial Establishments Act, Plantation Labour Act (depending on the type of activity, such as manufacturing, land size, or if not covered under any of these), Industrial Disputes Act, etc.

Regards, Madhu.T.K

From India, Kannur
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Anonymous
Thanks, Madhu!

Need some clarification though:

1. It's not a manufacturing industry.
2. It's not a plantation of tea, coffee, rubber, etc.
3. Will standing orders apply since it's not into manufacturing? We are into the commercial sale of plants and garden equipment and also do landscaping. I am in doubt whether we fit into the definition of an industry.
4. Will the Building and Other Construction Workers Act apply to us as we are into landscaping?

Kindly guide me on these matters.

Thanks & Regards,

From India, Mumbai
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It will come under the State's Shops and Commercial Establishments Act. Barring the basic Act (like Factories Act, Plantations... which are similar Acts to ensure health, safety, welfare of employees engaged in the company), all the said Acts are applicable to your establishment as well. Since there is no construction business, the Act will not be applicable, but cess payable on the construction will have to be paid.

Regards, Madhu.T.K

From India, Kannur
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