Dear Members, If someone can assist me in understanding the employment situation, we have a lady employed as a housekeeper in our startup consisting of 6 members. She works on alternate days, dedicating 2 hours per day. Our office is located in a leased residential area in Bengaluru. I would like to know the legal obligations regarding part-time employment, including minimum wages, leave policies, and whether compliance with ESI is necessary.
From India, Sohna
From India, Sohna
The rues relating to ESI, EPF and minimum wages are very clear with regard to part time employees. If the organisation is covered by ESI and or PF, then the part time employees employed therein should also be given coverage subject to their salary. Your organisation has only 6 employees and as such these Acts will not apply to you. With regard to payment of wages, you can follow the hourly rate prescribed in the minimum wages notification issued by Karnataka state pertaining to your industry. Similarly, you will not be working for all the seven days in a week, and the weekly holidays that you take shall be given to the housekeeping worker also. Regarding leaves, the Act (Karnataka Shops and Commercial Establishments Act) is silent with regard to part time employees. As such the same number of leaves like 12 days casual and sick leave and after 12 months' service approximately 12 to 13 days' earned leave at the rate of one leave for every 20 days worked in the preceding year. Since this earned leave is earned by working for certain number of days, and a day shall comprise of 9 hours, it is a question of law.
From India, Kannur
4193From India, Kannur
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Gujarat-Part time employment-Min. Wages-HC Judgmt..PDF