Dear All,
I have been asking this question for the past few days but haven't received a reply. Maybe now I will! Can Housing Societies be deemed as employers if they hire 20 or fewer staff directly, i.e., Maintenance/Security Staff? What are the liabilities/responsibilities of the Society?
Regards,
mims
From India, Bangalore
Acknowledge(0)
Amend(0)
I have been asking this question for the past few days but haven't received a reply. Maybe now I will! Can Housing Societies be deemed as employers if they hire 20 or fewer staff directly, i.e., Maintenance/Security Staff? What are the liabilities/responsibilities of the Society?
Regards,
mims
From India, Bangalore
Acknowledge(0)Amend(0)
Pl tell whether your Housing society is registered under any Act or it is an informal association of members to carry out/maintain the common facilities ?
From India, Madras
Acknowledge(0)Amend(0)
78From India, Madras
Acknowledge(0)Amend(0)
Employment Rules in the Unorganized Sector in India
The housing society is registered under the Societies Act. There is a single employee responsible for cleanliness, security, STP maintenance from morning to evening, and is also required to sleep (only sleep) in the parking area at night to ensure security. However, there are no clear rules regarding the number of hours of work per day/week and time for rest.
What are the rules governing the employment of labor in the unorganized sector in India, such as in households similar to this employee?
Awaiting your response, please.
Thanks,
Mims
From India, Bangalore
Acknowledge(0)Amend(0)
The housing society is registered under the Societies Act. There is a single employee responsible for cleanliness, security, STP maintenance from morning to evening, and is also required to sleep (only sleep) in the parking area at night to ensure security. However, there are no clear rules regarding the number of hours of work per day/week and time for rest.
What are the rules governing the employment of labor in the unorganized sector in India, such as in households similar to this employee?
Awaiting your response, please.
Thanks,
Mims
From India, Bangalore
Acknowledge(0)Amend(0)
Housing Society as a Commercial Establishment
Your housing society will come under the definition of a shop or commercial establishment, and the provisions of your State's Shops and Commercial Establishments Act will apply to the only employee employed by you. If so, you will have to show that he works only for 8 hours a day, takes care of the houses/flats/apartments during his 8-hour duty, and is allowed to rest for the remaining hours of the day.
Otherwise, it will become a problem for you because you are not authorized to engage a person for 24 hours, whether he works or sleeps, and only sleep. It is your responsibility, and if he is sleeping throughout, you have the option to initiate action against him, including dismissing him from service on charges of sleeping while on duty. However, the duty hours should not exceed 24 hours, even if he has no work to do.
Moreover, tasks such as housekeeping, cleaning STP, ensuring security, etc., are assigned to him, which seems to be more than sufficient for a single person to handle. It is not convincing to claim that a housing society has only one employee.
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(1)Amend(0)
Your housing society will come under the definition of a shop or commercial establishment, and the provisions of your State's Shops and Commercial Establishments Act will apply to the only employee employed by you. If so, you will have to show that he works only for 8 hours a day, takes care of the houses/flats/apartments during his 8-hour duty, and is allowed to rest for the remaining hours of the day.
Otherwise, it will become a problem for you because you are not authorized to engage a person for 24 hours, whether he works or sleeps, and only sleep. It is your responsibility, and if he is sleeping throughout, you have the option to initiate action against him, including dismissing him from service on charges of sleeping while on duty. However, the duty hours should not exceed 24 hours, even if he has no work to do.
Moreover, tasks such as housekeeping, cleaning STP, ensuring security, etc., are assigned to him, which seems to be more than sufficient for a single person to handle. It is not convincing to claim that a housing society has only one employee.
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Brochure- EMPLOYMENT LAWS FOR WOMEN.doc
Update in Employment Laws.pdf