Umakanthan53
Labour Law & Hr Consultant
Girishmane
Civil Contractor
+1 Other

Thread Started by #badruka apartment

We are a registered apartment society since 1987 in Hyderabad , Andhra Pradesh.

we have 3 employees working for an apartment of 40 flats.

we have 2 lady sweepers and 1 man to manage the water supply(morning 2 hours , electricity and maintenance collection( once a month) rest of the time he is a watchman. these 3 people currently have been working with us since 12 years with a mutual agreement for their salaries without any written agreement or contract. now these 3 people have been threatening the society that they will go to the labour court if they are not paid bonuses since their non-contractual agreement with us 12 years back.

we have 1 security guard on contract with other private firm for night time. in total we pay salaries for 4 people.

but our primary concern is for the 3 people employed by society for the past 12 years.

1) are we bound to make any bonus payments to these people as a registered society for apartment?

2) how are their number of working days calculated. they work all days in a month but do take leave when they needed. watchman takes lunch break for 3 hours in afternoon and sweepers have no work after 4 hours of their morning work.

2) can we remove these people from work immediately or do we need to follow any procedure?

3) if possible can you let me know the minimum wages that these people need to paid by a society as per Andhra Pradesh labour laws ?

regards

Jitender

badruka apartments
7th February 2014 From India, Hyderabad
Dear Jitendar, If the apartments are owned and exclusively occupied by the owners, the society cannot be an industry as defined under the Industrial Disputes Act,1947.
11th February 2014 From India, Salem
oh, ok thank your for your reply sir, and further regards to your reply I would like to tell you that not all residents of the apartment are owners, half of the residents are on rentals here .
Also if you know what the current labour laws in Andhra Pradesh would be in regards to the minimum salary to be paid for these part time employees of our apartments , which would really help us to talk to these employees and we can get to know how much we need to increase their salaries , weather it is on the lower side or are we paying the required pay to them currently.
Appreciate your time and info to my query. thank you very much
12th February 2014 From India, Hyderabad
Dear Jitendar,
Just because a flat is rented out by its owner, it cannot be construed as an industry for attracting the provisions of the I ndustrial Disputes Act or as a Commercial Establishment under the States Shops n Estt Act UNLESS it is on a large-scale. As far as Tamilnadu is concerned no minimum wages have been fixed for domestic workers till todate.I have no idea about A.P. However, I remember to have read some years ago that the Central Govt fixed National Floor Level Wages for any kind of employment not falling under the purview of the Minimum Wages Act,1948. Pl go through the web-sites of the Centre and A.P.
12th February 2014 From India, Salem
Hello sir I want to know about workman compensation policy’s claiming process of private company. Is this necessary to go to the labour court for the insurance claim.
5th February 2016 From India, Mumbai
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