1. Industrial disputes act, 1948:
Hospitals were included under the term ‘industry’. The industrial dispute act is applicable where the number of employees is 50 or more and lays down the procedure to deal with disputes arising in an industrial establishment.
A 1982 amendment to the act exempted hospitals and dispensaries, among others, from the preview of the act, but this provision was kept in abeyance by an amendment in 1984.
The government has now a comprehensive legislation under its active consideration to deal with industrial disputes. The government has framed model standing orders under this act which are required to be followed by all institutions covered by the act.
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2. Minimum Wages Act, 1948:
ADVERTISEMENTS:
Under this act minimum wages are fixed for different categories of workers.
3. Employees Provident Fund Act:
The hospital as employer is required to recover from its employees at prescribed rates, contribute an equal amount as employers’ share and credit the fund regularly with the government.
It is applicable to hospitals if the number of employees is more than 20. Noncompliance is punishable by imprisonment.
4. Payment of Bonus Act, 1956:
ADVERTISEMENTS:
The act is applicable to hospitals with 40 or more employees. Charitable or not-for-profit hospitals are exempt from this act.
5. Payment of Gratuity Act, 1972:
Gratuity is payable to employees at 15 day’s pay for every completed year of service at the time of his or her superannuation or death.
This act is applicable where there are 10 or more workers and in respect of worker who have completed 5 years of service (or at least one year in case of death).
6. Payment of Wages Act, 1936:
Statement of wages showing all details is required to be given to the employee, wages must be paid during the first seven days of the month, and only authorised deductions can be made from the wages.
7. Employees State Insurance Act, 1948:
ADVERTISEMENTS:
Employees State Insurance Act, 1948 is a measure of social and health insurance for which it provides monetary and medical benefits to industrial employees in case of sickness, maternity and employment related injury. The hospital as employer has to contribute 4 per cent of the total wage bill to the scheme.
If the hospitals are providing complete and free treatment to the employees and their dependents, the provisions of ESI will not be applicable.