Industrial Relations And Labour Laws
Mindhour Partner, Ass.professor/adm. Officer,
Korgaonkar K A
Srinath Sai Ram
Labour Law Advocate
Common law is, once you employ any person relationship of employer and employee establish there. Once employee employer relationship is established, labour laws are applicable. However, there are exemptions in certain employments.
Under ID Act 1948, charitable, social or philanthropic services is not an industry . So ID Act is not applicable to you.
Minimum Wage Act 1948 is applicable if the activity carried out by trust is in schedule employment under MW Act and if it is also establish that the activity is a systematic one, run by the co-operation between the employer and the employee and there is a production and/or distribution of goods and services. Since you are in spiritual, MW Act is not applicable to you, according to me.
Shops and Establishment Act is applicable to Charitable Trust. Charitable Trust is a 'Commercial Establishment' as defined under this Act in almost all the States, which I know.
EPF & MP Act 1952 is applicable to Charitable Trust / Institution. Trust / Institution is charitable is not relevant to determine whether the Act is applicable or not. What is important is, if it is factory it should be in schedule I of the Act and if it is establishment it should be specified by Central Government vide notification in Official Gazette. Your are in spiritual activity, provisions of EPF & MP Act 1952 are not applicable to you.
ESI Act is applicable to charitable trust or not, there is an ambiguity in my mind. Private Educational Institutions(those run by individuals, trustees, societies or other organizations) and Medical Institutions (including Corporate, Joint Sector, trust, charitable, and private ownership hospitals, nursing homes, diagnostic centers, pathological labs) are brought under ESI by a separate notification. But charitable trust other than in Educational or Medical, there is no mention.
Gratuity Act 1972 is not applicable to public and charitable trust as per S.V.S. Agarwala v K.L.. Agarwala 1996 Lab IC 797 (Cal).
Experts are requested to comment on this subject so that there will be more clarity in it.
Notification F.No. S.35014/1/2010-SSII dated 14th May, 2010 under Secretary to be the Government of India, Ministry of Labour & Employment was issued granting exemption to religious/charitable trusts etc. from the operation of the EPF Act for a period up to 31st March, 2015. I need to know if any extention is given to this Notification?
If Yes, then please provide me. It would be a great help from yourside.
Herein the questions is whether to register the Charitable Trusts such as spiritual institutions under the labour act, pf act and esi act?
No, spiritual institution and charitable trust are separate issues, Charitable Trust can run a spiritual institution, and the workers/employees are to be accommodated under respective laws, the members are not eligible for pay and allowances however, they are entitled for remuneration for sittings and for the function of the trust for noble cause...
The employees are very much entitled for PF, ESI, Gratuity and all other benefits in accordance to the rules and the functions of the organisations they serve... The question here in comes, whether a pandit/poojari is entitled for benefits for his/her services for the temple, for the poojas performed to the deities? Such questions raise a lot of dubious and distinctive perceptions, yet, the poojari is performing some services/employed to do the cleaning of the deity, decorating the deity, putting his/her services thus, the trust should pay the poojari and there is no violation saying as spiritual focus, the temple should be brought in as public service under endownment system, the spirituality should not be violated as service, in that case where did the poojari go for his stomach and life? what happen to his dependent family members? If we assume spiritual institutions then too some organising factors involved as research issues, thus trust and institutions are separate issues we should not club all in one place..Here is attached trust/society acts, and some papers for further needful to the members to consider :
Best of luck .....