Yes all those instruments are applicable on you now.
Payment of gratuity act
Dear Sir/Madam, I own a small tea garden in tamilnadu and I employ less than 10 workers, but I have been procecuted for not paying plantation minimum wage and I even paid the difference amount, now my question is since I have come under payment of minimum wage in plantation do all the other statutory benefits like payment of gratuity, maternity benefits, leave with wages etc apply to my tea garden. Regards Hariprakash
Asked 5 years ago in Labour
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15 Answers
Dear sir,. I do not come under plantation labour act
Asked 5 years ago
An employee will be covered under the Act if the organisation employees at least 10 persons on a single day in a preceding 12 months. And once an organisation comes under the purview of the Gratuity Act, then it will always remain covered even if the number of employees is falls below 10.
2)?you are not liable for payment of gratuity under payment of gratuity act
3) The Maternity Benefit Act, 1961 protects the employment of women during the time of her maternity and entitles her of a 'maternity benefit' – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more employees.
Under the Act since you employ 10 employees the payment of Gratuity becomes mandatory in your case.
Merely because Payment of Gratuity Act is applicable to your plantation that doe snot mean every other Labourt Act would be applied.
Since Maternity Benefit Act is applicable to plantation garden as well, you need to check whether in your state there is notification on applicability of this Act in the garden like yours.
As per the Section 3 of the Payment of Gratuity Act, 1972 (Gratuity Act), factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments with 10 or more employees are required to pay gratuity to their employees as per the provisions under the Gratuity Act.
The Maternity Benefit Act, 1961 protects the employment of women during the time of her maternity and entitles her of a 'maternity benefit' – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more employees.
The plantation labor act is different to the common law.
You have asked the query under the common law only.
No gratuity needs 10 or more employees for applicability. Most of the laws need 10 employees to be applicable so if you have less than 10 people you can be relaxed
1. Payment of Gratuity Act applies to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months.
2. Hence, you do not have to pay gratuity if less than 10 persons are/were employed by you in the past 12 months.
You will not come under Payment of Gratuity Act, if the head count of employees is less than 10 in preceding one year. Make sure that, at any given point of time the head count does not touch 10 employees.
Maternity Benefit Act will attract to your business.
Dear Sir,
As a plantation owner, definitely you come under some of the aforesaid labour laws.
Hi
1) Since you employ less than 10 workers and also do not come under purview of plantation labour act , payment of gratuity act, leave with wages etc will not be applicable to you.
2) Please note that payment of minimum wages in plantation is different and is applicable regardless of whether your tea garden comes under plantation labour act or not.
3) Whereas Benefits such as Maternity benefits, leave with wages will be applicable if and only if your
a) garden is more than 25 acres and
b) Employs more than 30 workers.
4) So, since you do not come under Section 2(f) of plantation labour act, you are exempted from section 30, 32 of plantation labour act, by virtue of which you are will not come under Payment of gratuity act and also maternity benefits
Hope this information is useful
Every act has there own eligibility to apply on Employer. PF act applies where 20 and more employees, Gratuity act applies on plantation business irrespective of number of employees engaged. Maternity act - establishments employing 10 or more employees etc .
- As per Section 1(2) of the the Payment of Gratuity Act, this Act applies to all factories, mines, oilfields, plantations, ports and railway companies , but in the case of shops or establishments, other than those stated before, it applies to those organisations with 10 or more persons are employed on any day of the preceding 12 months.
- Hence, in case the private limited company is either a factory or mine or plantation then the restriction of employing 10 persons does not apply.
- If your are engaged in the business of tea garden i.e plantation , then your business is come under the Payment of gratuity Act, and the limitation of 10 worker will not applied there.
Yes you are liable to pay all the benefits to your employees.
No you do not have to pay all the aforementioned compensation. Minimum wages are different.
If you don't come under that then you don't have to pay.