Under ID Act 1948, charitable, social or philanthropic services is not an industry . So ID Act is not applicable to you.
Working at a Public Charitable Trust
Please can you help me with the following questions: 1. If I join a Public Charitable trust in New Delhi as an employee, what are the rules for: a. Increments b. P.F. c. ESI d. TDS e. Working Hours f. Leave Policy Appreciate if you could help me with these queries. Thank you Regards A. Sharma
Asked 5 years ago in Labour
6 Answers
your appointment letter would mention working hours, leave you are entitled to
2) increments depend upon your performance
3) the EPF Act Applies to industries specified in Schedule I employing 20 or more persons and any other class of establishments employing 20 or more persons notified by the Government.
4) it would not extend to charitable trust if employees are less than 20
Dear,
All the things should mentioned in your offer letter or appointment letter.
Increments depends on your performance .
P.F. rules when applicable if your basic salary is below than 15000 rs.
Every Trust has its own MOU/Standing Orders which shall be followed in all these matters, please go through that book.
Under ID Act 1948, charitable, social or philanthropic services is not an industry . So ID Act is not applicable.
EPF & MP Act 1952 is applicable to Charitable Trust / Institution. Trust / Institution is charitable is not relevant to determine whether the Act is applicable or not. What is important is, if it is factory it should be in schedule I of the Act and if it is establishment it should be specified by Central Government vide notification in Official Gazette. Your are in spiritual activity, provisions of EPF & MP Act 1952 are not applicable to you. ESI Act is applicable to charitable trust or not, there is an ambiguity in my mind. Private Educational Institutions(those run by individuals, trustees, societies or other organizations) and Medical Institutions (including Corporate, Joint Sector, trust, charitable, and private ownership hospitals, nursing homes, diagnostic centers, pathological labs) are brought under ESI by a separate notification. But charitable trust other than in Educational or Medical, there is no mention.
Gratuity Act 1972 is not applicable to public and charitable trust as per S.V.S. Agarwala v K.L.. Agarwala 1996 Lab IC 797 (Cal).
In order to enable us to determine your right under various acts you will have to tell us the nature of work that the trust performs.
For eg: Minimum Wage Act 1948 is applicable if the activity carried out by trust is in schedule employment under MW Act.
Regards
