The applicability of labor laws/rules to a particular establishment is a matter of relationship. In Kerala, certain rules are made applicable to hospitals which are considered as non-profit organizations, whereas in many occasions rulings in favor of employees have also been made with the intervention of the labor department. Though the Factories Act, Standing Order Act, Industrial Disputes Act, and similar Acts, which are meant for factories and commercial establishments, are not applicable, Employees Provident Fund, Minimum Wages, Payment of Wages Act, Workmen's Compensation Act, etc., are generally applied in private hospitals as well. Recently, the Employees' State Insurance Act has been made applicable to private hospitals. Similarly, employees of hospitals, when leaving service after 5 years, are eligible for Gratuity. Rules relating to maternity benefits are also applicable to private hospitals. Though there is no specific exemption or applicability given in various Acts (the majority of labor Acts were originally meant for factories and commercial establishments), I do believe that such Acts will find applicability in private hospitals as well. I hope those who are in the same department or consultants having departmental experience like Mr. P C Vijayarajan, Kannur, will be able to give us more details.
Regards,
Madhu.T.K