Labour Law & Hr Consultant
Partner - Risk Management
Hr And Labour Law Consultant
Hr / Ir
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.
MPower HR and Labour Law Solutions
16th November 2015 From India, Bangalore
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
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
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
18th November 2015 From India, Bangalore
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
18th November 2015 From India, Vadodara
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
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.
MPower HR and Labour Law Solutions
Bangalore, Ph: 9036368502
2nd December 2015 From India, Bangalore
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