Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Bijay_majumdar
Freelancer
Govindsagar.hr97@gmail.com
Hr And Labour Law Consultant
Yrshirke
Hr / Ir
Vkrai53
Estate Manager

Thread Started by #vkrai53

Brigade Residency is a Registered Housing Society.It has appointed directly Estate Manager,3 Electricians, Plumber and 2 Gardner's. These employees are paid monthly wages directly by the association. My question does minimum wages act, ESI, OT and Bonus act apply.
NonE of the above benefits are provided to staff members.
RAMESH
14th November 2015 From India, Bengaluru
Dear Ramesh, If the society comprises of the houses in the complex used only for the exclusive dwelling purpose of their owners, it is outside the purview of Labour Laws.
15th November 2015 From India, Salem
Dear Ramesh,
Labour laws will be applicable to societies also if they have any employees or Workmen.
But you will get exemption under the act "Exemption from furnishing returns and maintaining registers" under various Labour Laws if you having less than 40 employees. Only few documents needed to be maintained.
Regards.,
Govind Sagar
MSW, LL.B
MPower HR and Labour Law Solutions
Bangalore
9036368502
16th November 2015 From India, Bangalore
Mr. Govid Sagar,
My concern is how these empolyees can get protection what ever the laws be. Electricians, Gardners, Plumbers are not paid as per mininmum wages act. Are forced to do OT and paid single OT. No ESI benifits. Even the construction labors , maid servents are protected under certain laws. If there is no law for Housing societies then there will take advantage of this and haress the workers working for then That is what is happening in this case. There is along list of grevences including summerly terminating without settling the dues, not giving incentive during Ayudha Pooja sinspite of commiting in the appointment letter.
Pl advise me what action we shpuld take whom or which authority we should approach for help.
17th November 2015 From India, Bengaluru
Respected members ,
Now a days In Metro /Satellite cities lot of Housing Societies are coming up.More than 100 Flats or Twin Bungalows .,so this is serious issue .Pl guide every one what law say and status.
Regards ,
Y.R.Shirke
17th November 2015 From India, Mumbai
Dear Ramesh,
If any establishment or a firm having 10 or more employees, the following act's will be applicable :
1)Minimum Wages act
2)Payment of Wages act
3)Bonus Act
4)Gratuity act
5)ESIC Act
6)Shop and commercial establishments act
7)Employees Compensation Act
8)National and Festival Holidays act
If more than 20 employees
1)PF act will be applicable
If they are not paid Minimum Wages it's an Gross Violation of the law
Even OT will also applicable if you are working more than 8Hrs a day.
Any further information call me on my undersigned number
Regards,
Govind Sagar
9036368502
18th November 2015 From India, Bangalore
Is a cooperative housing society an establishment ? it does not seem to be covered in the definition under the shop and establishment acts....
18th November 2015 From India, Mumbai
Dear Friends,
I think that the query is in essence about the application of Labour Laws to an association formed by the owners of a housing complex and registered under the Societies Registration Act and not about a Co-operative Housing Society registered under the Co-Operative Societies Act. If my presumption is correct, I stand by my earlier answer. Otherwise the answers given by Govind Sagar is quite appropriate.
18th November 2015 From India, Salem
The query raised is genuine and I appreciate it.I am also concerned about weather or not the society is registered, but almost every society avails the services they require&Services are provided by the agencies and companies who are bound by labour laws and therefore they have to comply against the statutes applicable.My Question is - if a registered society hires services from registered agencies/vendors does the labour law apply.If the society not registered but hires services from registered vendor - does the labour law applies.If the society is not registered one but hire workers independently - does the labour law applies.And the last if the society is registered and hire worker independently does it calls for applicability of labour law or not.
18th November 2015 From India, Vadodara
The query raised by Mr. Bijay is very important as Association formed by housing complexes(Flat Owners) employ directly works like electricians, plumbers but the nos are less then 10. The works are not as per minimum wages act, no ESI or EPF benefit is provided.
Workers are forced to work more than 8hrs and given single OT or no OT.
Since these workers are desperate to have job they do not react. What are the laws applicable to this kind of employment or whom they should approach. In Bangalore apartments have grown like mushroom and no body knows what kind of laws apply or how they are protected from the haressment they go through. Pl advise.
1st December 2015 From India, Bengaluru
They have to approach dept. Of labour and the labour Inspector of the particular area, with the facts and evidence to have intervention to have proper inspection on the fair practice and procedures following by the employer.
Based on the complaint the inspector will act accordingly to visit the establishment and do inspection on the same. If any such violations found they send the notice to the employer to rectify the errors or mistakes in stipulated time.
If the employer failed comply the same, then the inspector will file the petition in the court under relevant Labour acts and rules.
Now the labour laws are very stringent and no employers can escape easily if their is any error in proper maintaining of the same.
Regards,
Govind Sagar
MPower HR and Labour Law Solutions
Bangalore, Ph: 9036368502
2nd December 2015 From India, Bangalore
Please clarify:
In case the Housing Society (RWA) does not employ staff directly, but engage house-keeping, technical & security staff through man-power agencies, does the MW Act stipulations apply?
The staff are deployed in residential dwelling complex only. There is no commercial establishment involved.
3rd August 2018 From India, Bengaluru
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