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
Conclusion
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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