Dear Friends,
Can you please let me know whether staff working in a non-profit organization should be eligible for staff benefits like gratuity, PF, ESI, etc.?
Awaiting your valued response.
From India, Kolkata
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Can you please let me know whether staff working in a non-profit organization should be eligible for staff benefits like gratuity, PF, ESI, etc.?
Awaiting your valued response.
From India, Kolkata
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Staff working in Non-Profit Organisation are entitled to the said statutory benefits subject to the fulfillment of the eligibility laid down in them.
From India, Mumbai
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1655From India, Mumbai
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Dear Barnali,
It would have been better if you had gone through the definition of the term "industry" defined under Section 2(j) of the ID Act, 1947 beforehand. Profit is not the criterion for defining any industry as such; but it is the systematic cooperation between the employer and the employees to serve or satisfy any human need or want. Therefore, every person employed on salary or wages in a non-profit organization would be entitled to the employment benefits under the labor laws applicable to such organization, subject to the parameters of eligibility.
If you were the CEO or the HR Manager of the organization, it is important that you have at least a rudimentary knowledge of labor laws like the ECA, 1923, PWA, 1936, IDA, 1947, MWA, 1948, State S&EA, ESIA, 1948, EPFA, 1952, PBA, 1965, PGA, 1972, ERA, 1976, SHWW(PP&R)A, 2013, etc. For instance, the Payment of Bonus Act, 1965 totally exempts the employees of institutions, including hospitals, chambers of commerce, and social welfare institutions established not for profit purposes.
So, I would suggest that you browse through these laws first.
From India, Salem
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It would have been better if you had gone through the definition of the term "industry" defined under Section 2(j) of the ID Act, 1947 beforehand. Profit is not the criterion for defining any industry as such; but it is the systematic cooperation between the employer and the employees to serve or satisfy any human need or want. Therefore, every person employed on salary or wages in a non-profit organization would be entitled to the employment benefits under the labor laws applicable to such organization, subject to the parameters of eligibility.
If you were the CEO or the HR Manager of the organization, it is important that you have at least a rudimentary knowledge of labor laws like the ECA, 1923, PWA, 1936, IDA, 1947, MWA, 1948, State S&EA, ESIA, 1948, EPFA, 1952, PBA, 1965, PGA, 1972, ERA, 1976, SHWW(PP&R)A, 2013, etc. For instance, the Payment of Bonus Act, 1965 totally exempts the employees of institutions, including hospitals, chambers of commerce, and social welfare institutions established not for profit purposes.
So, I would suggest that you browse through these laws first.
From India, Salem
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Dear Barnali-Sengupta,
While endorsing the response by Umakanthan Sir, I would like to give a link wherein this subject is discussed elaborately. The said post I came across while reading some days back. I thought of reproducing it here.
URL: [https://www.google.com/url?client=internal-element-cse&cx=012676589437744255596:f7dnppnypi8&a mp;amp;q=https://www.citehr.com/461953-charitabile-trust-employees-comes-under-section-labour.html&sa=U&ved=2ahUKEwik0578 mbHrAhXrzDgGHbTZBpMQFjAAegQIARAC&usg=AOvVa w2sGdQWb_oIeTXsmONQHnX0](https://www.google.com/url?client=internal-element-cse&cx=012676589437744255596:f7dnppnypi8&a mp;amp;q=https://www.citehr.com/461953-charitabile-trust-employees-comes-under-section-labour.html&sa=U&ved=2ahUKEwik0578 mbHrAhXrzDgGHbTZBpMQFjAAegQIARAC&usg=AOvVa w2sGdQWb_oIeTXsmONQHnX0)
From India, Mumbai
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While endorsing the response by Umakanthan Sir, I would like to give a link wherein this subject is discussed elaborately. The said post I came across while reading some days back. I thought of reproducing it here.
URL: [https://www.google.com/url?client=internal-element-cse&cx=012676589437744255596:f7dnppnypi8&a mp;amp;q=https://www.citehr.com/461953-charitabile-trust-employees-comes-under-section-labour.html&sa=U&ved=2ahUKEwik0578 mbHrAhXrzDgGHbTZBpMQFjAAegQIARAC&usg=AOvVa w2sGdQWb_oIeTXsmONQHnX0](https://www.google.com/url?client=internal-element-cse&cx=012676589437744255596:f7dnppnypi8&a mp;amp;q=https://www.citehr.com/461953-charitabile-trust-employees-comes-under-section-labour.html&sa=U&ved=2ahUKEwik0578 mbHrAhXrzDgGHbTZBpMQFjAAegQIARAC&usg=AOvVa w2sGdQWb_oIeTXsmONQHnX0)
From India, Mumbai
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