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Labour Law Enforcement In Non-Profit Organization In India

Being in the 21st century, everybody wanted freedom, not only freedom but the sense of respect wherever they are working, making machinery is progress but after all those machinery has to handle by workmen. When Unions target the most virulent form of exploitation with the view to protect and enhance their rights, seeking were wrong is taking place, covering that part, and making sure workmen don�t get under pressure just for being workmen.

Since being at the highest level is easy, but controlling everyone after being at that level, is where the patience is checked, and that is where the exact duties arise. Staying in contact with every workman, and any practice like gender inequality either among workmen or among member of the organization and workmen, something like child labor, women discrimination, unsafe terms and conditions of working, no answer firing is where the steps have to be taken.

Where NGO started coming up ganging themselves with the same view, and the same concept, but the whole concept behind being into existence is only helping and developing the society with the view that they don�t need any profit, but they are there to voluntarily help people, without the involvement of government and also no profit.

With the coming up of time, there was this need to regulate and check the workers in NGO too, because soon after with coming time they became no less than industry and every industrial act also applies on the worker of the NGO. Paper covering the concept of certain NGOs, with their goals, employees benefits, termination rules, etc.

Introduction To The Topic Nonprofit organizations are basically those organizations that are not regulated by the government and their sole purpose is to help without making any profit, in different fields like, children, women, humanitarian, animals, etc. Whereas some places have subgroups in their own company of non-governmental organization checking on only their own members and providing services to them.

When it comes to development, NGOs are making efforts by touching every topic and trying to cover every field. Growing with ways of funding, or voluntarily helps. They include the term �voluntary�, which means voluntarily helping people of different segments, which work for the development of society and general people as a whole. NGOs fulfill those needs that other social, economic, and political areas do not want to touch or either ignore.

Talking about whether to take NGOs as industries even when they are nongovernmental, the madras high court said yes to this and the employees to be considered as �workman� so that he could avail the benefits of industrial dispute act.

Whatever the organization is dealing in, after all, everybody needs human force, and workmen, right? Their rights and their duties won�t it be all same as those who are normal workmen apart from that of Non-profit organization. Labour law in fact is a set of rules which regulates the workmen, employees, with the aim of protecting the rights of the workmen and also making sure about every act that has been done by the workmen and also the workplace, but the only concept that is different from the labor law that is binding on the labor than the labor law being binding on the workmen of this organization is that there is no involvement of government and profit, that is what NGO states, nonprofit organization with non-involvement of government.

The sole purpose the NGOs stood for was to protect people, those areas where the government altogether can�t do or can�t take major steps, that�s when a group of people came together with the aim of development and betterment but with their own rights, but of course by not violating any of the government rights, surely taking steps for a majority of people where they think the rights are involved.

Where there is the involvement of workmen, there has to be some law protecting them, because they took an initiative with the view of helping people voluntarily but then it became something not less than industries, so the law revolving around them is the labor law and the industrial dispute act 1947.

Where there are a lot of people who sit together for a solution, there must be disputes, because the human tendency and the human brain can�t be the same as that of other twenty-plus people sitting in a room, to having industrial disputes are common among them, there may be a situation where one person has a different plan, while the other person may not agree with him, so that�s where the difference of opinion among management and employees on the terms of employment comes forward

The Role And Goals Of Haryana And Rajasthan State Level Ngos For Social Development To Understand Better For This Paper:

In Haryana

NGOs are working for the development and making sure of the deprived society, making social changes in villages and tribes, seeing the social pressure is one of the reasons for the women suicide. Since the government is not focusing completely on the same, there are people who really want to help, and came with the development of the nonprofit organizations, without the involvement of the government, focusing on drug addicts, women, children, etc.

Haryana NGOs organize camps to sensitize people about the problems, women empowerment, obstacles faced by women in the normal course of life, and also domestic violence. For the drug addicts, de-addiction free camps are being organized by these organization, making aware of people about HIV/AIDS, by organizing small meetings, distributing pamphlets, etc. they also make sure that the mentally and physically challenge ie the specially challenged, adults and children, get their rights and are treated as equally by providing some support to uplift and make them stand equal to the other people.

In Rajasthan

, being part of the social development and welfare of people of the state, genuinely working for social development and welfare of the people of urban and rural areas, working in the field of old age, women, children, education, disasters, animals, environment protection, human rights, social rights, mental health, physical health groups, development of art and craft culture. Dealing with NGOs and labor laws main common topic is workmen because the main motive is to protect their rights, so the rules for their TERMINATION that recently came in view are:
  • The full-time workmen of NGOs are not allowed to take any employment outside of the organization.  Personnel wishing to resign, have to give one-month prior notice and the reason for resigning to the Executive Director of the organization.
  • There are positions in the organization depending upon their volume and makes that redundant, person occupying that position has to be separated from the NGO and prior notice would be given to them before 2 months.
  • There are grounds on which the employees are being terminated, which could be embezzlement, the inefficiency of work, abundant leaves, misuse of office equipment, disclosure of official information outside the organization.
  • The age of retirement is also another reason for termination when the person has to be informed on a prior notice of the retirement, and also the date of the same, stating the reason of employment termination.
  • NGO may ask the employee for the offense deemed and a written explanation of the same within 3 days of working time, and then on the basis of the written explanation, it will pursue the next step or of investigating further.

Employees Salary Benefits In Ngo

  • Bonus:
    all employees will receive a bonus equal to one month's salary preceding the festival, any new employee will not get a bonus until six months of employment is complete
  • Regular employees are expected to set aside 10% of their monthly salary to the provident fund, and the total amount of the provident fund could be withdrawn at the time of termination of the employment from the NGO.
  • Any sort of accident occurred to the employee, during the time of employment or on the field trip related to the employment, an amount equal to that of 2 months would be given for medical expenses.
  • Same as 5 working days schedule would be followed in NGO, which is from Monday to Friday, and the same government calendar for holidays would be there, the Executive Director of the organization will circulate the calendar at the starting of the year to each employee working.  Office timings are the same as for covering an 8 hour day, starting from 9:30 AM to 5:30 PM.
  • Any sort of overtime will be calculated on the basis of extra hours of working and the salary, a proper supervision of the same will be required.

The Acts, Rules, And Laws For Ngo

  • India trust act, 1982
  • Societies registration act, 1860
  • RTI Act (Right to information)

NGO Laws In India

NGOs are the bodies that remain detached from the government and motive of earning no profit and with the view of social development, filling gaps where the government cannot reach. An NGO can be a trust, society, or a section 25 company.

NGO feels that they are immune to all forms of taxation. But it�s only a myth, NGO needs to prove its genuineness and needs to show some certificates which include:
  • PAN card
  • Registration under Section 12 A of the Income Tax Act
  • Registration under section 80 G of the Income-tax Act
  • FCRA registration
  • TAN
  • GST registration
  • Professional tax
  • Retirement benefits
  • Shops and establishment license

Why Get The Organisation Registered

  • Coming together with like-minded people just for social benefit, with their own funds is working because the funds are charitable by the members who voluntarily came together, but this is only position in the starting times, because contributing every time will become difficult, so when the situation arises where a group of people, socially working, and people who support them voluntarily from outside, that is when registration of NGO is important to keep a check on the funds and making sure they are not getting misused. And when there is the formation of the organization by the same people, that is also when registration is important.
  • When any person is raising funds for any work which is socially benefitting society, the accountability of funds there must be a legal status of the organization.
  • There are certain rules of socially, and ethically based societies, so if we are following them as an organization, registration is important.
  • Raising loans from the banks, for this, the bank will give loans only after checking if the organization is registered

I concluded that Since NGOs are equal to industries and since industries have workmen acts, rules and regulations, labor and industrial act to protect their rights for the systematic ongoing process of the industry and also all this is important. Ngo develops with time, and their development may or may not lead to some permanent members, with no one being superior or junior, since everybody works with one motive, the situation of workmen do arise and their rights have to have to be protected at all level. Having rights is not putting them under obligation but have rights and regulation is making things systematic and sorted.

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