PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Industrial Relations And Labour Laws
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Madhu.T.KYou have to follow the state's Shops and Commercial Establishments Act. regarding holidays, you can follow the State Act in this respect, ie, Industrial Establishments National and Festival Holidays Act. However, the hospitals being public utility services have got exemptions with respect to provisions relating to observance of holidays. Accordingly, you need not close the establishment (hospital) on a declared holiday but employee working on holidays shall be allowed to take compensatory holidays.
From India, Kannur
umakanthan53I agree with the observations of our learned friend Madhu. To my knowledge, hospitals, nursing homes and the like in Health Care Industry do not have any separate establishment-specific labor law and as such they are automatically covered by the respective State's Shops & Establishments Act concerned. However, most of the States' S & E Acts give explicit exemptions from the provisions pertaining to working hours, leave etc. in view of the 24×7 working of hospitals and nursing homes. At the same time hospitals and nursing homes come under the purview of the Minimum Wages Act 1948 and statutory minimum wages are being fixed and enforced. The MW Act has provisions for weekly off, working hours, Payment of O.T for extra works etc. I am also given to understand that wherever a separate State Law for Nationl and Festival holidays are in force, it will apply to all establishments under the purview of the MWA,1948( eg TamilNadu). Therefore, a hospital is bound to grant N&F Holidays to its employees as said by Mr.Madhu.
In this situation, you can take the leave provisions of your State S&E Act as guidelines for leave benefits to your employees and frame a Leave Policy accordingly.
From India, Salem
email@example.comMost of States Shop and Establishment have timings limit for working women(eg. 7pm).So, do we need to take permission from SE for making women nurses or staffs work in hospitals/nursing homes at night.
From India, Asansol
umakanthan53In respect of nursing homes and hospitals, the provisions relating to opening and closing hours, weekly day of closure, working hours etc are generally exempted under the State S&E Act. Therefore, no botheration about the employment of women doctors, nurses and other Para medical employees beyond 7-00pm in hospitals and the like.
From India, Salem