Can Housing Societies Be Employers with Small Staff? Understanding Their Legal Responsibilities

Dear All,

I have been asking this question for the past few days but haven't received a reply. Maybe now I will! Can Housing Societies be deemed as employers if they hire 20 or fewer staff directly, i.e., Maintenance/Security Staff? What are the liabilities/responsibilities of the Society?

Regards,
mims

Please let me know whether your housing society is registered under any act or if it is an informal association of members to carry out and maintain the common facilities.

Employment Rules in the Unorganized Sector in India

The housing society is registered under the Societies Act. There is a single employee responsible for cleanliness, security, STP maintenance from morning to evening, and is also required to sleep (only sleep) in the parking area at night to ensure security. However, there are no clear rules regarding the number of hours of work per day/week and time for rest.

What are the rules governing the employment of labor in the unorganized sector in India, such as in households similar to this employee?

Awaiting your response, please.

Thanks,

Mims

Housing Society as a Commercial Establishment

Your housing society will come under the definition of a shop or commercial establishment, and the provisions of your State's Shops and Commercial Establishments Act will apply to the only employee employed by you. If so, you will have to show that he works only for 8 hours a day, takes care of the houses/flats/apartments during his 8-hour duty, and is allowed to rest for the remaining hours of the day.

Otherwise, it will become a problem for you because you are not authorized to engage a person for 24 hours, whether he works or sleeps, and only sleep. It is your responsibility, and if he is sleeping throughout, you have the option to initiate action against him, including dismissing him from service on charges of sleeping while on duty. However, the duty hours should not exceed 24 hours, even if he has no work to do.

Moreover, tasks such as housekeeping, cleaning STP, ensuring security, etc., are assigned to him, which seems to be more than sufficient for a single person to handle. It is not convincing to claim that a housing society has only one employee.

Regards,
Madhu.T.K

Thanks, Madhu. That is what I am trying to bring to the notice of my Housing Society. Can the employee be fired at will, or does he need to be given notice/written warning, etc., even though he is not contractually employed?

Regards,
Mims