The applicability of labour laws/ rules to a particular establishment is a matter of relationship. In Kerala, certain rules are made applicable to hospitals which are considered as non profit organisations whereas in many occasions ruling in favour of employees have also been made with the intervention of labour department. Though Factories Act, Standing Order Act, Industrial Disputes Act and similar Acts which are meant for factories and commercial establishments are not applicable, Employees Provident Fund, Winimum Wages, Payment of Wages Act, Workmen's Compansation Act etc are generally applied in private hopitals also. Recently Employees State Insurance Act has been made applicable to provate hospitals. Similarly employees of hospitals while leaving service after 5 years are eligible for Gratuity. Rules relating to maternity benefits are also applicable to private hospitals. Though there is no specefic exemption and or applicability given in various Acts (majority of labour Acts were originally meant for factories and commercial establishments), I do beleive that such Acts will find applicability in Private hospitals also. I hope those who are in the same department or consultants having departmental experience like Mr.P C Vijayarajan, Kannur will be able to give us more details. Regards, Madhu.T.K
can you please elaborate on "Industrial Service Rules"?. i am confused about what exactly the so-called rule mean. thank you if you may help.
Dear Ms. Vandana, Labour law applies in the Hospital sector which are given hereunder. Please note that no such factory act is not at all applicable. 1. Clinical Esatblishment Act and Consequtive rules made therein in the states. 2. Payment of Wages Act 3. Min. Wage Act 4. Provident Fund Act 5. ESI act (who are drawing salary less than Rs.10,000/-) 6. Payment of Bonus Act 7. Payment of Gratuity Act 8. Workman Compensation act. 9. Security Act 10. Any other act which may come into force time to time in respect of clinical establishment. 11. Industrial Disputes Act. 12. Employment Exchange Act and Rules. 13. Contract Labour (R&A) act (if any contractor is engaged any part of your hospital for any manual/full time job. If you want to have details, you may mail to Regards, C. Chatterjee
Dear All, The following Acts and Rules are applicable to the privat hospitals in Kerala. 1.Kerala Industrial Establishments (National and Festival Holidays ) Act. 2. Payment of Wages Act 3. Min. Wage Act 4. Provident Fund Act 5. ESI act (who are drawing salary less than Rs.10,000/-) 6. Payment of Bonus Act(who are drawing salary less than Rs.10,000/-) 7. Payment of Gratuity Act 8. Industrial Disputes Act. 9. Employment Exchange Act and Rules. 10. Contract Labour (R&A) act (if any contractor is engaged any part of your hospital for any manual/full time job. 11. Standing Orders Act( for hospitals employing 50 or more employees) 12 Kerala Labour Welfare Fumd Act. If you want to have details, you may mail to Regards, Vijayarajan Skill Zone at Trainers Guild India +919447014166
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