Law For Hospital Employees

LAW FOR HOSPITAL EMPLOYEES

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Introduction

·       In the Organizations like hospital several law are applicable on the employees

o   The Apprentices Act 1961

§  The objective of this act is the promotion of new manpower at skills

§  In India this act was came into the force in 1961

§  Apprentice means a person who is undergoing Apprenticeship Training

§  The eligibility & duties of an Apprentice are

·       Shall be qualified

·       Candidate age is not less than 14yrs

·       Training period must be lies in between 6 months to 4yrs

·       Apprentice has to learn his working skills diligently

·       Apprentice has to work 42 to 48 hours in a week

·       Timings should not lies between 10pm to 6am

o   Payment of Wages Act 1936

§   This act regulates the payment of wages to the employees

§  This act is intended to be a remedy against

·       Unauthorized deductions

·       Delay in the payment of wages

§  Wages means all remuneration, capable of being expressed in terms of money

§  The time of wages payment must be

·       07^th day of the month if employees strength is less than 1000

·       10^th day of the month if employees strength is more than 1000

§  The maximum deduction of wages can be 50% of monthly wages in case of

·       Absence of Duty

·       Fine

·       Accommodation

·       Recovery of Advance etc

o   Workman’s Compensation Act 1923

§  The main objective of this act is to provide payment from Employers to the Employees as a compensation for injury by accidents during the course of Employment

§  In case of death or injury resulting in the total/partial disablement arising during the course of employment, his Employer shall be liable to pay the compensation under the act

§  Employer shall not be so liable in case of

·       Injury which does not result in the disablement

·       Accident which is directly attributable to

o   Workmen having drink or drug

o   Avoiding safety guidelines

o   Removal of safety guard during On-Duty

§  The payment of compensation amount is

·       In case of death (Rs120000 OR 50% of the monthly wages multiplied by relevant factor)

·       In case of Permanent disability (Rs140000 OR 60% of the monthly wages multiplied by relevant factor

o   Factories Act 1948

§  The main objective of this act is to safe guard the interest of workers and protect them from exploitation

§  If a worker works beyond 9 hrs a day or 48hrs a week then it is overtime

§  A workman cannot work in 2 factories

§  Overtime wages are not payable when the worker is on tour

§  Total working hours of overtime should not exceed 60 hours in a week

§  Register of overtime should be maintained

§  Any child below 14yrs can’t be employed

§  A worker having worked for 240 days @One day leave for every 26 days

o   PF & MP Act 1952

§  The objective of this act is to extend the reach and quality of public managed old age home security program

§  This act covers 3 schemes

·       EPF 1952

·       EDLI 1976 (Employees Deposit Linked Insurance)

·       EP 1995 (Employees Pension Scheme)

§  When an employee dies or while in service, his/her family will get some amount based on the deposit in EPF account

§  Contribution

·       (Employee + Employer + EDLI + Admin Charges)

·       (12% + 12% + 0.50% + 1.10% + 0.01%) = 25.61% of (Basic + DA)

§  The benefits of this act are

·       Retirement

·       Medical Care

·       Housing etc

o   ESI Act 1948

§  This act completes the task of protecting employees against

·       Hazard of sickness

·       Maternity

·       Disablement

·       Death due to employment injury

§  It provides full medical care to insured person & their families

§  The existing wage limit for coverage is Rs 15000/month

§  Contribution

·       (Employee + Employer) = ESI

·       (4.75 + 1.75) = 6.5

o   Maternity Benefit Act 1961

§  An act to regulate the employment of Women in period before & after Child birth

§  It provides the maternity benefits like leaves & wages

§  Every working pregnant women are eligible for the maternity benefits, provided they have served for more than 80 days

§  She should give written notice that she will be on maternity leave for 6 weeks before and after her delivery

§  Benefits of this act are

·       Leave with average pay for 12 weeks

·       She can take the pay for the first 6 weeks before start of maternity leave

·       A medical bonus of Rs 1,000

·       No deduction from normal & usual daily wages

·       Light work for 10 weeks before date

·       No discharge or dismissal while she is on Maternity leave

o   Payment of Gratuity Act 1972

§  Gratuity is derived from the word Gratuitous, which means Gift or Present

§  It is the lump sum payment to employee when he retires or leave the services

§  Gratuity is payable even to an employee who resigns after completing at least 5years

§  Gratuity is payable @15 days wages for every year

§  In case of seasonal establishment, Gratuity is payable @7 days wages for every year

 

 

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