Madhu.T.K
Industrial Relations And Labour Laws
K C S Kutty
Labour Laws
+1 Other

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Dear All,
I have been asking this question since a few days back but haven't got a reply. May be now I will!
Can Housing Societies be deemed as employers if they hire 20 or less staff
directly ie Maintenance/Security Staff . What are the liabilities / responsibilities o the Society?
regards,
mims
:confused::confused::confused:
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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 ?
The housing society is registered under Societies Act. There is a single employee taking care of cleanliness, security, STP morning to evening and also required to sleep (only sleep) in the parking area at night for taking care of security. There are no clear rules for the number of hours of work per day/week and also time for rest.
What are the rules governing employment of labour in unorganised sector in India like house holds etc like this employee?
Awaiting your response please.
Thanks
Mims
Your housing society will come under the definition of shop or commercial establishment and the provisions of your State's Shops and Commercial Establishments Act will apply to the only one employee employed by you. If so, you will have to show that he works only for 8 hours a day and he takes care of the houses/ flats/ apartments during his 8 hours duty and is allowed to take rest for the remaining hours of the day! Otherwise, it will become a problem for you because, you are not subject to engage a person for 24 hours; whether he works or sleep and only sleep, is your matter and if he is sleeping throughout, it is open to you to initiate action against him including dismissing him from service on the charges of sleeping while on duty. But the duty hours should not be 24 hours even if he has no work to do! Moreover, taking care of housekeeping, cleaning STP, ensuring security etc are the work assigned to him and that seems to be more than sufficient for a single person to handle. And it is not convincing to say that a housing society has only one employee.

Madhu.T.K
Thanks Madhu. That is what I am trying to brig to the notice of my Housing Society. Can the employee be fired at will or does he need to be given notice/ written warning etc although he not contractually employed.
Regards,
Mims
The manner in which disciplinary action should be initiated against a worker depends to a great extent on the terms and conditions of service. Since this man is the only employee and there exists no service conditions attached to his employment, the procedure as stated in the law should have to be followed. Since the person has been employed continuously, it is advisable to give warning or memo in writing so that there will not be any confusion later on. On the other hand, if he has been engaged casually (casually means for the time being and not regularly by all means) he can be fired without formalities.
Madhu.T.K
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