Rules and Regulations governing employment at SVN

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CONTENTS PAGE 1
CONTENTS PAGE 1
SECTION 1 4
Definitions 4
SECTION 2 6
Introduction 6
2.1 Changes in Policy 6
SECTION 3 7
Corporate Philosophy and Culture 7
3.1 Vision 7
3.2 Mission 7
SECTION 4 8
Employment, Policies, Rules and Practices 8
4.1 Employment Application 8
4.1.1 Selection and Recruitment 8
4.1.2 Transfer and Reassignment 8
4.2 Non-Discrimination 9
4.3 Non-Disclosure/Confidentiality 9
4.4 New Employee Orientation 9
4.5 Probationary Period for New Employees 9
4.6 Office Hours 9
4.7 Lunch Periods 10
4.8 Break Periods 10
4.9 Personnel Files 10
4.10 Personnel Data Changes 10
4.11 Inclement Weather and Emergency Closings 10
4.12 Employee Performance Review and Planning Sessions 11
4.13 Outside Employment 11
4.14 Corrective Action 11
4.15 Employment Termination 12
4.16 Safety 12
4.17 Health-Related Issues 13
4.18 Employee Requiring Medical Attention 13
4.19 Building Security 13
4.20 Personal Belongings 14
4.21 Hospital Property 14
4.22 Supplies; Expenditures; Obligating the Hospital 14
4.23 Visitors in the Workplace 14
4.24 Immigration Law Compliance 14

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SECTION 5 15
Code of Conduct 15
5.1 Attendance/ Punctuality 16
5.2 Absence without Notice 16
5.3 Harassment, including Sexual Harassment 16
5.4 Telephone Use 17
5.5 Internet Use 17
5.6 Usage of Illegal Software 17
5.7 Dress Code 17
5.8 Tobacco Products 18
5.9 Office Cleanliness 18
5.10 Substance Abuse 18
SECTION 6 19
Wage and Salaries Policies 19
6.1 Wage or Salary Increases 19
6.2 Overtime 19
6.3 Paydays 20
6.4 Bonus 20
SECTION 7 21
Expenses Reimbursement Policies 21
7.1 Expenses Reimbursement 21
7.2 Mobile Phone 21
7.4 Transportation Expenses 22
7.5 Outstation Travel Reimbursement 23
7.7 Parking 25
SECTION 8 26
Benefits and Services 26
8.1 Medical Benefits 26
8.2 Group Insurance 26
8.2.1 Hospitalization Scheme 26
8.2.2 Personal Accident Insurance 26
8.4 Employees Provident Fund 27

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8.5 Employees Gratuity 27
8.6 Vacation/ Leave 27
8.6.1 Annual Leave 28
8.6.2 Casual Leave 29
8.6.3 Medical Leave 29
8.6.4 Maternity Leave 30
8.6.6 Examination Leave 30
8.6.7 Emergency Leave 30
8.6.8 Payment in lieu of Vacation/Leave 30
8.7 Record Keeping 31
8.8 Holidays 31
8.9 Judicial Duty 31
8.10 Training and Professional Development 31
SECTION 9
Employee Communications 32
9.1 Staff Meetings 32
9.2 Bulletin Boards 32
9.3 Suggestion Box 32
9.4 Procedure for Handling Complaints 32
9.5 Grievances 32
9.6 Press Relations 32
SECTION 10
Breaches 33
10.1 Breach of Code of Conduct, Policies, Rules and Practices 33
SECTION 11
History of Change 34
11.1 Rationale for Change 34
11.2 Key Changes 34
11.2.1 New Inclusions 34
11.2.2Human Resource Reorganisation 34
11.2.3 APPENDIX 1 Job Categories 35
APPENDIX 2 The Laws Governing Employment in India 35
APPENDIX 3 Schedule of Hospitalization Coverage 35

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Definitions
“SRI VENKATESHWARA NETHRALAYA”shall mean Sri Venkateshwara Nethralaya
“HOSPITAL” shall mean Sri Venkateshwara Nethralaya
“MANAGEMENT” shall mean the Medical Director ,Managing partner of the Hospital
“IN WRITING” shall mean in a formal communiqué in the form of physical document .
“BOARD OF INQUIRY” shall mean a group of Employees and/or outside persons appointed by Management to hear and consider disputes. The Board shall comprise members who are independent, unbiased and impartial to the dispute under consideration.
“SUPERIOR” shall mean your immediate reporting officer shall mean any Manager “DEPARTMENTAL MANAGER” shall mean a person who works for SRI VENKATESHWARA NETHRALAYA on a salaried basis and who have completed his/her probationary period.
“EMPLOYEE(S)”Employee(s) may include full-time Employees and others employed with SRI VENKATESHWARA NETHRALAYA who are subject to the control and direction of SRI VENKATESHWARA NETHRALAYA in the performance of their duties. Employee(s) means any person who irrespective of the salary he/she earns in a month has entered into a contract of service with SRI VENKATESHWARA NETHRALAYA.
"SALARY" shall mean basic salary and all other payments, if any, in cash payable to an Employee for work done in respect of his/her contract of service but does not include any payment by way of commission, subsistence, allowance and other overtime payment.
“EMPLOYEES UNDER PROBATION shall mean a new Employee whose performance is being evaluated to determine whether further employment in a specific position or with SRI VENKATESHWARA NETHRALAYA is appropriate. When an Employee completes the probationary period, the Employee will be notified of his/her new status with SRI VENKATESHWARA NETHRALAYA
“HOSPITAL PROPERTY” . shall mean all SRI VENKATESHWARA NETHRALAYA owned or leased property used by Employees.
“CONTROLLED SUBSTANCE OF ABUSE”shall mean any substance listed in Schedules I-V of Section 202 of the Controlled Substance Act, as amended
“DRUG” shall mean any chemical substance that produces physical, mental, emotional, or behavioral change in the user.
“DRUG PARAPHERNALIA
shall mean equipment, a product, or material that is used or intended for use in concealing an illegal drug, or otherwise introducing into the human body an illegal drug or controlled substance.

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“ILLEGAL DRUG”
” shall mean any drug or derivative thereof whose use, possession, sale, transfer, attempted sale or transfer, manufacture, or storage is illegal or regulated under any federal, state, or local law or regulation.
“UNDER THE INFLUENCE
Any drug, including – but not limited to – a prescription drug, used for any reason other than that prescribed by a physician. Inhalants used illegally. shall mean a state of not having the normal use of mental or physical faculties resulting from the voluntary introduction into the body of an alcoholic beverage, drug, or substance of abuse.“
OUTSTATION
shall mean any state in India that is outside the state in which the Hospital is located.
“OVERSEAS”
shall mean any country outside India.


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Introduction
2.1 Changes in Policy This Employee’s Guide is designed to acquaint Employees with Sri Venkateshwara Nethralaya (hereinafter referred as SRI VENKATESHWARA NETHRALAYA) and provide the Employees with information about corporate philosophy, culture, policies, rules and practices, working conditions and benefits affecting employment. The information contained in this Employee’s Guide applies to all Employees. Abiding to the terms and conditions described in this Employee’s Guide, is considered a condition of continued employment. However, nothing in this Employee’s Guide alters an Employee’s status. The contents of this Employee’s Guide shall not constitute nor be construed as a promise of employment or as a contract between SRI VENKATESHWARA NETHRALAYA and any of its Employees. The Employee’s Guide is a summary of the Hospital’s policies, which are presented here only as a matter of information and guideline. All Employees are responsible for reading, understanding, and complying with the provisions of this Employee’s Guide. The Hospital’s objective is to provide the Employees with a work environment that is constructive to both personal and professional growth. This Employee’s Guide supersedes all previous Employee Handbooks and memos that may have been issued from time to time on subjects covered in this Employee’s Guide. However, since the Hospital’s business and organization are subject to change, the Management reserves the right to interpret, change, suspend, cancel, or dispute with or without notice, all or any part of our policies, procedures, and benefits at any time. The Management will notify all Employees of these changes. Changes will be effective on the dates determined by the Management, and after those dates, all previous policies will be null and void. No other Employee aside from the Management has the authority to change policies at any time. If any Employee is uncertain about any policy or procedure, he/she is encouraged to speak with his/her direct Superior, Departmental Manager or the Management.

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Corporate Philosophy and Culture
SECTION 3
3.1 Vision
SRI VENKATESHWARA NETHRALAYA will be a leading regional ophthalmic technology and state of the art eye care provider for patients. community and society by 2010 and a leading global ophthalmic technology and state of the art eye care provider by 2020
3.2 Mission
We want to provide the Right Ophthalmic technology and state of the art eye care for our patients through a process that is professional, fair and impartial.


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SECTION 4
Employment, Policies, Rules and Practices
4.1 Employment Application The Hospital rely upon the accuracy of information contained in the employment application and the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment.
4.2 Non-Discrimination In order to provide equal employment and advancement opportunities to all Employees, employment decisions at the Hospital will be based on merit, qualifications, and abilities. The Hospital does not discriminate in employment opportunities or practices because of race, color, religion, sex, national origin, age or disability. The Hospital will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training. Employees with questions or concerns about discrimination in the workplace are encouraged to bring these issues to the attention of their Superior, or the Management. Employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in unlawful discrimination will be subject to disciplinary action, including termination of employment.
4.1.1 Selection and Recruitment
Selection and recruitment of Employee shall be made on an open competitive basis in accordance with the needs of the Management. All executive appointments shall be made by Management or the Board of Directors. When an applicant is successfully appointed, he/she shall be given a letter of appointment signed by Management and/or a Superior authorized by Management. Additional Employee shall only be recruited when adequate justification is satisfied by the Management. Successful applicants may, at the discretion of Management, have to undergo a medical examination. All Employees have to submit all their original certificates as determined by the Management to the hospital before commencement of their service for which an acknowledgement will be provided. The original certificates and documents will be returned to the Employee when the period of employment is over and all formalities regarding mandatory notice period have been completed and a no dues certificate has been issued by the personnel dept.
4.1.2
Transfer and Reassignment An Employee may request for transfer from one working place to another, however, transfer of Employees shall be the prerogative of the Management and shall not be disputed. An Employee may be reassigned, subject to performance of his/her duties and on the recommendation by his/her Superior and/or Departmental Manager. All recommendations for reassignment shall be determined by the Management as and when required.


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4.3 Non-Disclosure/Confidentiality The protection of confidential business information and trade secrets is vital to the interests and success of the Hospital. Such confidential information includes, but is not limited to, the following examples: Compensation data, Financial information, Marketing strategies, Pending projects and proposals, Proprietary production processes, Personnel/Payroll records, and Conversations between any persons associated with the Hospital. All Employees may be required to sign a non-disclosure agreement as a condition of employment, if the Hospital sees this as necessary. Any Employee who improperly use or disclose trade secrets or confidential business information will be subjected to disciplinary action, including termination of employment and legal action, even if he/she does not actually benefit from the disclosed information.
4.4 New Employee Orientation Orientation is a formal welcoming process that is designed to make the new Employee feel comfortable, informed about the Hospital, and prepared for the role in his/her new position. New Employee orientation shall be conducted and shall include an overview of the Hospital’s history, an explanation of its core values, vision, and mission; and its goals and objectives. In addition, the new Employee will be given an overview of benefits, tax, and legal issues, and to complete any necessary paperwork. The orientation shall be conducted by his/her immediate Superior, Manager or a Personnel Department representative.
4.5 Probationary Period for New Employees
The specific probationary period shall be stated in the Letter of Appointment. During this time, Employees have the opportunity to evaluate the Hospital as a place to work and his/her Superior have the first opportunity to evaluate the Employee. During this probationary period, both the Employee and the Hospital have the right to terminate employment by giving one month's notice. Upon satisfactory completion of the probationary period, a review will be given. Probationary Employees are expected to meet and maintain the Hospital standards for job performance and behavior (See Section 5, Code of Conduct).

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4.6 Office Hours The Hospital’s office hours are from 8.30 a.m. to 9.00p.m. Mondays through Saturday, except for Holidays . The standard workweek is sixty(60) hours of work. Certain employees whose services are required throughout the working period will have to operate on a shift basis such that no employee is required to work for more than 10hrs a day subject to exigencies of work. The shifts of such employees will be decided after deliberation by the management which will be binding on all employees. Requests for change of shifts will be considered if appropriate slots are available without compromising on the quality of the work concerned.
4.7 Lunch Periods Employees are allowed a half hour lunch break. Lunch breaks are generally taken between the hours of 12.30pm and 2.30pm or where appropriate on a staggered schedule (approved by Management) so that the hospital remains operational during the lunch hour.
4.8 Break Periods The Hospital does not provide for Employees for breaks during office hours except for the above outlined lunch period as in Section 4.7. Tea breaks and coffee breaks are as such not allowed. Breakfast during the office hours is also not allowed. Prior approval from a Superior or Manager is necessary for such a break, if so required. If an Employee have unexpected personal business to take care of, he/she must notify his/her direct Superior to discuss time away from work and make provisions as necessary. Personal business shall be conducted on the Employee’s own time. Employees who do not adhere to the break policy will be subject to disciplinary action.
4.9 Personnel Files Employee personal files include the following: job application form, resume, copy of the acknowledgement letter of submission of original certificates, records of participation in training events, salary history, records of disciplinary action and documents related to Employee performance reviews, coaching, and mentoring. Personnel files are the property of the Hospital, and access to the information is restricted. Only management personnel of the Hospital who have a legitimate reason to review the file are allowed to do so. Employees who wish to review their own file should contact their Superior or Personnel Department. With reasonable advance notice, the Employee may review his/her personnel file in Hospital’s office and in the presence of their Superior or Personnel Department Representative.
4.10 Personnel Data Changes An Employee’s personal data should be accurate and current at all times. It is the responsibility of each Employee to promptly notify their Superior or Personnel Department of any changes in personnel data such as: (a) Mailing address, (b) Residential address, (c) Telephone numbers, (d) Change in marital status, (e) Income tax number, (f) Name and number of dependents, and (g) Individuals to be contacted in the event of an emergency.

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4.12 Employee Performance Review and Planning Sessions Superiors shall conduct formal performance reviews and planning sessions with all full-time and part-time Employees at least once every financial year, after confirmation of service. Superiors may conduct informal performance reviews and planning sessions more often if they so require. Performance reviews and planning sessions are designed for the Superior and the Employee to discuss his/her current job tasks and areas of improvement, encourage and recognize attributes, and discuss positive, purposeful approaches for meeting work-related goals. Together, Employee and Superior discuss ways in which the Employee can accomplish goals or learn new skills. The planning sessions are designed for the Employee and his/her Superior to make and agree on new goals, skills, and areas for improvement. The Hospital directly links wage and salary increases with performance of work. The Employee’s performance review and planning sessions will have a direct effect on any changes in his/her compensation. For this reason among others, it is important to prepare for these reviews carefully, and participate in them fully. New Employees will be reviewed at the end of their probationary periods After the initial review, the Employee will be reviewed yearly.
4.13 Outside Employment Employees are not allowed to hold outside jobs even in non-related patients.community and society or professions regardless of whether the Employee have met the performance standards of their job description. Unless otherwise approved by the Hospital, Employees engaged in alternative work, will be subject to the Hospital’s disciplinary action or termination of employment.
4.14 Corrective Action Employees are expected to adhere strictly to the work rules and code of conduct . When an Employee deviates from these rules and standards, the Employee’s Departmental Manager shall take corrective action. Corrective action shall be progressive. That is, the action taken in response to a rule infraction or violation of standards, typically follows a pattern increasing in seriousness until the infraction or violation is corrected. The usual sequence of corrective actions includes an oral warning, a written warning, probation, and finally termination of employment. In deciding which initial corrective action would be appropriate, the Departmental Manager will consider the seriousness of the infraction, the circumstances surrounding the matter, and the Employee’s previous record.
4.11 Inclement Weather and Emergency At times, emergencies such as severe weather, fires, or power failures can disrupt Hospital operations. The decision to close the office will be made by the Management of SRI VENKATESHWARA NETHRALAYA. When the decision is made to close the office, Employees will receive official notification from Management.

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4.15 Employment Termination Termination of employment is an inevitable part of personnel activity within any organization, and many of the reasons for termination are routine. Below are a few examples of some of the most common circumstances under which employment is terminated:
Resignation – voluntary employment termination initiated by an Employee.
Termination – involuntary employment termination initiated by the Hospital.
Layoff – involuntary employment termination initiated by the Hospital for non-disciplinary reasons.
When a confirmed Employee intends to terminate his/her employment, he/she shall give the Hospital a written notice . For Employees under probation, please refer to section 4.5.
Any Employee who terminates employment shall return all files, records, keys, and any other materials that are property of the Hospital to immediate Superior. No final settlement of an Employee’s pay will be made until all items are returned in appropriate condition and payment in lieu, of any, is fully settled and a no dues certificate is issued by the accounts and personnel dept. The cost of replacing non-returned items will be deducted from the Employee’s final pay cheque. If the deduction from the Employees’s final cheque is insufficient, the Employee is required to settle the outstanding before leaving the Hospital. Furthermore, any outstanding financial obligations owed to the Hospital will also be deducted from the Employee’s final cheque. All accrued vested benefits that are due and payable at termination will be paid. Doctors,nurses and optometrists have to give a written notice of Three months prior to resignation from service while other employees will have to give a written notice of Two months prior to resignation from service. However once a notice is given, The management reserves the right to prematurely terminate the employment under certain conditions such as 1)A suitable replacement is found in which case all accrued benefits will be paid to the employee upto the date of termination 2) The Employees conduct with fellow employees and the management and patients is not cordial and respectful in which case premature termination of employment without a board of inquiry will be observed uniformly for all employees. In such cases the management will decide on a case by case basis if the accrued benefits will be paid at all and if paid whether in full or in part.Though committed to a progressive approach to corrective action, certain rule infractions and violations of standards are grounds for immediate termination of employment. These include but are not limited to: theft in any form, insubordinate behavior, vandalism or destruction of Hospital property ,inadequate care of hospital equipment, the use of Hospital equipment and/or Hospital vehicles without prior authorization from Management, untruthfulness about personal work history, skills, or training, divulging Hospital business practices, and misrepresentations of the Hospital to a patient, a prospective patient, the general public, or an Employee.
4.16 Safety The Hospital provides information to Employees about workplace safety and health issues through regular internal communication such as:
(a) Training sessions (b) Team meetings (c) Bulletin board postings (d) Memorandums (e) Other written communications .Each employee is expected to obey safety rules and is exercise caution and common sense in all work activities. Employees must report any unsafe conditions to their superior .Employees must also take due care of the instruments and equipment provided to them and any alteration in the working parameters of the equipment suggestive of malfunction of the equipment should be brought to immediate notice of their superiors. Each employee is responsible for safe keeping and daily maintenance of the equipment provided to them and in case of equipment malfunction it is the employees responsibility to follow up with the respective equipment service and maintenance provider for suitable corrective action at the earliest.

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4.17 Health-Related Issues Employees who become aware of any health-related issue, including pregnancy, should notify their Superior, and/or Departmental Manager, and Personnel Department of health status. This policy has been instituted strictly to protect the Employee. A written “permission to work” from the Employee’s doctor may be required at the time or shortly after notice has been given. The doctor’s note should specify whether the Employee is able to perform regular duties as outlined in his/her job description. A leave of absence may be granted on a case-by-case basis. If the need arises for a leave of absence, Employees should notify their Superior and/or Departmental Manager and/or Personnel Department. An Employee suffering from serious infectious and contagious disease such as Hepatitis, Aids, Tuberculosis, shall immediately report such infection to Management. 4.18 Employee Requiring Medical Attention In the event an Employee requires medical attention, whether injured or becoming ill while at work, the Employee’s personal physician or family member shall be notified immediately. If it is necessary for the Employee to be seen by the doctor or go to the hospital, a family member shall be called to transport the Employee to the appropriate facility. If an emergency arises requiring Emergency Medical Services to evaluate the injury/medically unfitness of an Employee on-site, the Employee will be responsible for any transportation charges. Furthermore, Employees shall not be responsible for transportation of another Employee due to liabilities that may occur. A physician’s “return to work” notice may be required. 4.19 Building Security All Employees who are issued keys to the office are responsible for their safekeeping. These Employees will sign a Building Key Disbursement form upon receiving the key. Employees who are not authorized to the issued keys are not allowed to duplicate the office keys. Actions shall be taken against anyone who breaks the rules. The last Employee, or a designated Employee, who leaves the office at the end of the business day assumes the responsibility to ensure that all doors are securely locked and all appliances and lights are turned off with exception of the lights normally left on for security purposes. Where applicable, the Employee shall ensure that the alarm system is armed and air-conditioners are set on appropriate evening and/or weekend setting. Each Employee is expected to obey safety rules and exercise caution and common sense in all work activities. Employees must immediately report any unsafe conditions to their Superior. Employees who violate safety standards, cause hazardous or dangerous situations, or fail to report, or where appropriate, remedy such situations, may be subject to disciplinary action including termination of employment. In the case of an accident that results in injury, regardless of how insignificant the injury may appear, Employees should notify their Superior, and/or manager (See Section 4.18, Employee Requiring Medical Attention).

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4.23 Visitors in the Workplace To provide for the safety and security of Employees, visitors, and the Hospital’s facilities, only authorized visitors are allowed in the workplace. Restricting unauthorized visitors helps ensure security, decreases insurance liability, protects confidential information, safeguards Employee welfare, and avoids potential distractions and disturbances. All visitors must enter through the main reception area, accompanied by the staff who is playing host to the visitor. Authorized visitors will be escorted to their destination and must be accompanied by an Employee at all times. The visitors must not wander around the office unaccompanied. 4.22 Supplies; Expenditures; Obligating the Hospital Only authorized persons may purchase supplies in the name of the Hospital. No Employee whose regular duties do not include purchasing shall incur any expense on behalf of the Hospital or bind the Hospital by any promise or representation without written approval from Management. 4.24 Immigration Law Compliance The Hospital only employs Indian citizens and individuals with approved work permit authorized to work in India in compliance with the Immigration Reform and Control Act . Where applicable, Employee in countries outside India will have to abide by the respective country’s immigration law. 4.21 Hospital Property The Hospital’s office space, equipment, materials and other properties shall be used only for SRI VENKATESHWARA NETHRALAYA business. Employee who uses the Hospital’s portable property such as laptop, video projector, camera and video camera are responsible for the safekeeping of these equipments. The Employee will be held responsible for any loss or damage to these portable properties. Cost of replacement or repair will be borned by the Employee. 4.20 Personal Belongings All Employees are responsible for their own personal belongings and properties left at the office. The Hospital assumes no liabilities for any loss or damage to personal belongings and property.

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Code of Conduct The work rules and code of conduct are very important, and the Hospital regards them seriously. All Employees are urged to become familiar with these rules and code of conduct. In addition, Employees are expected to follow the rules and code of conduct faithfully in doing their own jobs and conducting the Hospital’s business. Any Employee who deviates from these rules and conduct will be subject to corrective action, up to and including termination of employment (See Section 4.14, Corrective Action). While not intended to list all the forms of behavior that are considered unacceptable in the workplace, the following are examples of rule infractions or misconduct that may result in disciplinary action, including termination of employment. Theft or inappropriate removal or possession of property; Working under the influence of alcohol or medically illegal drugs ; Possession, distribution, sale, transfer, or use of alcohol or medically illegal drugs in the workplace ; Fighting or threatening violence in the workplace; Boisterous or disruptive activity in the workplace; Negligence or improper conduct leading to damage of Hospital-owned or customer-owned property; Insubordination or other disrespectful conduct; Violation of safety or health rules; Smoking in the workplace is permitted is designated areas ; Sexual or other unlawful or unwelcome harassment ; Excessive absenteeism or any absence without notice ; Unauthorized use of telephones, or other Hospital-owned equipment ; Using Hospital equipment for purposes other than business (i.e. playing games on computers or personal Internet usage); Unauthorized disclosure of business “secrets” or confidential information; Violation of personnel policies; Offering and accepting bribes, kickbacks and other illegal payments

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5.1 Attendance/ Punctuality All Employees are expected to be regular and punctual in attendance. This means being in the office, ready to work, at their starting time each day (See Section 4.6, Office Hours). Absenteeism and tardiness places a burden on other Employees and on the Hospital. If an Employee is unable to report for work for any reason, he/she shall notify his/her Superior before 08.00am. of that day. The Superior is then responsible to inform Personnel Department. The Employee is responsible for speaking directly with his/her Superior about his/her absence. It is not acceptable to leave a message on a Superior's voice mail or through another Employee except in extreme emergencies. Should undue tardiness become apparent, disciplinary action may be required. If there comes a time when an Employee sees that he/she will need to work some hours other than those that make up his/her usual work week, notify his/her Superior at least one(1) working day in advance. This is to ensure that Employee gets permission to enter office premises and also to attract assistance from other Employees. 5.2 Absence without Notice When an Employee is unable to work owing to illness or an accident, the Employee shall notify his/her Superior. This will allow the Hospital to arrange for temporary coverage of the Employee’s duties, and to help other Employees to continue work in his/her absence. If the Employee does not report for work and the Hospital is not notified of his/her status, it will be assumed after two consecutive days of absence that the Employee has breached the contract of employment. If an Employee becomes ill while at work or must leave the office for some other reason before the end of the workday, he/she shall inform his/her Superior of the situation who will then inform Personnel Department. 5.3 Harassment, including Sexual Harassment The Hospital is committed to providing a work environment that is free of discrimination and unlawful harassment. Actions, words, jokes, or comments based on an individual’s sex, race, ethnicity, age, religion, or any other legally protected characteristic will not be tolerated. If an Employee believes that he/she have been the victim of harassment, or know of another Employee who has, report it immediately. Employees can raise concerns and make reports without fear of reprisal. Any Superior who becomes aware of possible harassment should promptly advise Management or the Personnel Department Representative who will handle the matter in a timely and confidential manner.

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5.4 Telephone Use The Hospital’s telecommunication facilitiies are intended for the use of serving the Hospital customers and in conducting the Hospital’s business. Personal usage during business hours is discouraged except for extreme emergencies. All personal telephone calls should be kept brief to avoid congestion on the telephone lines. To respect the rights of all Employees and avoid miscommunication in the office, Employees must inform family members and friends to limit personal telephone calls during working hours. If an Employee is found to be deviating from this policy, he/she will be subject to disciplinary action (See Section 4.14, Corrective Action). 5.5 Internet Use Employees are allowed use of the Internet and e-mail when necessary to serve our customers and conduct the Hospital’s business. Employees may use the Internet when appropriate to access information needed to conduct business of the Hospital. Employees may use e-mail when appropriate for Hospital business correspondence. Use of the Internet must not disrupt operation of the Hospital computer network. Use of the Internet must not interfere with an Employee's productivity. Employees are responsible for using the Internet in a manner that is ethical and lawful. Internet messages are public and not private. The Hospital reserves the right to access and monitor all files and messages on its systems. 5.7 Dress Code While the Hospital do not wish to limit the Employee's expressions of taste and individuality, the Employee's must be aware that what the Employee wear to work is a reflection of the Employee’s own professionalism and that of the Hospital. Employee is to be dressed appropriately for the type of business and the Employee’s position in particular. In addition, certain requirements must be observed. Clothing should not be provocative (e.g. low-cut, revealing and extremely tight fitting). The Employee’s clothing should not be hazardous to his/her own safety (e.g. open-toed shoes/sandals). Extremely casual dressing is generally not considered appropriate for work. Management considers the following examples, on its own, as inappropriate working attire : -strap outfits, Tank tops or revealing blouses, Short mini skirts, Pedal pushers and T – shirts. Obviously, a professional appearance is especially important for those Employees who at any time come in contact with clients and/or potential customers. Please use good judgment and good taste, remembering rightly or wrongly, people do judge the Employee as the organization, based in part of the Employee’s appearance. 5.6 Usage of Illegal Software All Employees are not allowed to use Hospital’s computer system to download or install illegal or unauthorized programs, software or data.

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5.8 Tobacco Products The use of tobacco products is not permitted anywhere on the Hospital’s premises except in authorized and designated locations. Employees must follow all rules posted in designated smoking areas and adhere to all policies associated with this policy (See Section 4.16, Safety). 5.9 Office Cleanliness The Hospital attaches considerable importance to the cleanliness of the office as it is impossible to obtain neat and methodical work if the office itself is untidy. Employees are expected to see that at the end of the working day, their workstations are left clean and tidy. 5.10 Substance Abuse The Hospital is committed to providing a safe and productive workplace for its Employees. In keeping with this commitment, the following rules regarding alcohol and drugs of abuse have been established for all Employees, regardless of rank or position, including both regular full time, probationary and temporary Employees. The rules apply during working hours to all Employees while they are on the Hospital’s premises or elsewhere on official business. The manufacture, distribution, possession, sale, or purchase of controlled substances of abuse on the Hospital’s property is prohibited. Being under the influence of medically illegal drugs, alcohol, or substances of abuse on the Hospital’s property is prohibited. Working while under the influence of prescription drugs that impair performance is prohibited. Consistent with the rules listed above, any of the following actions constitutes a violation of the the Hospital’s policy on drugs and may subject an Employee to disciplinary action, up to and including immediate termination. • Using, selling, purchasing, transferring, manufacturing, or storing an illegal drug or drug paraphernalia, or attempting to/or assisting another to do so, while in the course of employment. • Working or reporting to work, conducting Hospital business or being on Hospital property while under the influence of an illegal drug or alcohol, or in an impaired condition.

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SECTION 6
Wage and Salaries Policies 6.1 Wage or Salary Increment Each Employee’s hourly wage or annual salary shall be reviewed during the formal performance review and planning session which shall be conducted at least once each year (See Section 4.12, Employee Performance Review and Planning Session). This session shall be conducted at the end of the financial year. Such reviews may be conducted more frequently for a newly created position, or based on a recent reassignment. Increments will be determined on the basis of performance, adherence to Hospital policies and procedures, and ability to meet or exceed duties per job description and achieve performance goals. Although the Hospital’s salary ranges and hourly wage schedules will be adjusted on an ongoing basis, the Hospital is not obliged to grant “cost of living” increases. Performance is the key to wage increments in the Hospital. 6.2 Overtime Overtime compensation is provided to employees whose Basic salary is less than Rs 25000.00 . Overtime is calculated for all hours worked over 48 hours per week . Time off on personal time, holidays, or any leave of absence will not be considered hours worked when calculating overtime. In addition, vacation time does not constitute hours worked. Certain employees staying in the hospital overnight having been provided single accomodation will not be able to claim overtime for their stay at the hospital beyond their duration of actual work.All overtime work performed by an hourly Employee must receive Management’s prior approval. Overtime worked without prior approval from the Superior will result in no compensation for overtime worked. The Superior's signature on a timesheet authorizes compensation for overtime hours worked. Full-time Employees may be required to work overtime at any time and on any day to meet exigencies of service. Any Employee so notified shall not refuse to work overtime except for reasons acceptable to the Management. . Unauthorized overtime work will not be compensated. Compensation will be in the form of two days off for every 10 hrs of accumulated overtime on the days specified by the management when the work load is relatively free. In case the management is unable to provide the day off for any specified reason, overtime pay may be provided to the employee at the twice the rate as the normal daily or hourly rate of the employee.






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6.3 Paydays All Employees shall be paid monthly on a scheduled payday, usually on the 3rd day of the subsequent month. In the event that a regularly scheduled payday falls on a weekend or holiday, Employees shall receive pay on the next day of operation. The Hospital pays Employees by way of a direct credit into the Employee’s bank accounts with State Bank of India. Employees shall be notified, in the event of a change in the Hospital’s bankers. The salary is credited into respective Employees accounts at State Bank of India after deduction of Tax, instalments towards loans and advances and other mandatory contributions,
6.4 Bonus Bonus may be paid according to performance of the permanent full time confirmed Employee and Hospital at the sole discretion of the Management. Any Employee who has tendered his/her resignation and left service before any payment of bonus is declared shall not be entitled to such payment irrespective of the period he/she has worked during the year for which the bonus is declared. Bonus is only declared after the Hospital’s financial year-end.

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Expenses Reimbursement Policies 7.1 Expenses Reimbursement Certain Employees are eligible to claim reimbursements for expenses only if it is stated in their Letter of Appointment. An Employee who is sent to attend seminar/training in Bangalore is not entitled to claim reimbursement for traveling and parking. An Employee who is on maternity leave is not entitled to claim reimbursable expenses such as traveling, entertainment, parking incurred during the maternity leave period. An Employee who have terminated his/her service with the Hospital is also not entitled to claim reimbursements for expenses incurred after his/her last physical day of work. Expenses incurred by an Employee must have prior approval by a Superior. Reimbursements will be paid to the Employee in the following month along with his salary. All completed reimbursement request forms should be submitted before the end of the 25th day of the month. Examples of items qualifying for reimbursements are
monthly mobile phone expenses,
traveling and parking expenses,
and any approved out-of-pocket expenses. The following are guidelines only and Employees are advised to check with the full details of their claims as indicated in their letter of appointment.
7.2Mobile Phone For certain Employees who are eligible to claim for mobile phone usage, upto a maximum of Rs 500 a month can be claimed on production of the bill and receipt.


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7.4 Transportation Expenses Certain Employees are entitled to claim traveling expenses on a fixed allowance basis as mentioned in their letter of appointment. Fixed Allowance Monthly traveling and parking allowances are reimbursed accordingly subject to a maximum of Rs 4200 per year. Monthly reimbursement amount must be submitted for approval from his/her Superior and/or Departmental Manager

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7.5 Outstation Travel Reimbursements An Employee using the Hospital's vehicle shall not be given any fuel allowance. The Hospital shall bear costs of fuel (subject to an approved limit) and maintenance for the vehicle. Where the vehicle is a motorcycle or a commercial vehicle, the said vehicles shall be kept at the office premises after office hours Local Hotel (excluding Government Taxes and Service Charges) .For travelling to conferences, seminars . workshops and symposiums, prior permission is mandatory and alternative arrangements must be made to take over the consultant doctor's duties at the work place, the employee must have a significant contribution in the form of a guest lecture, paper presentation,or conducting an instruction course. 3rd AC to and fro rail fare may be provided if the duration of one way journey is less than 15hrs and economy class return air fare may be provided if the duration of journey exceeds 15hrs subject to the approval of the management and allocated funds being available for the same.

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per day on production of bills

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7.7 Parking The Hospital does not provide parking facilities for the Employees with the exception of certain Employees. This provision of parking facility is at the sole discretion of the Management.

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Benefits and Services 8.1 Medical Benefits THE HOSPITAL offers a benefits program for its Employees. However, the existence of these programs does not signify that an Employee will necessarily be employed for the required time necessary to qualify for the benefits included in and administered through these programs. The Hospital shall provide medical benefits for all Employees upon commencement. Such benefits shall also be extended to the spouse and family of Doctors and Optometrists, up to a maximum of Rs200 per month only. All other Employees are entitled to a maximum of Rs100 per month for medical bills. In exceptional cases where an Employee’s medical bills exceed the monthly limit, such additional claims shall be subject to the approval and at the discretion of Management. Medical consultation and treatment shall be provided by the Hospital’s appointed medical practitioner . In emergency cases, medical attention or treatment may be obtained from any Government medical officer or a registered medical practitioner and the cost will be borne by the Hospital subject to the maximum limit. 8.2 Group health Insurance The Hospital offers hospitalization and personal accident insurance programs for Employees (as determined by the carrier of the policies). Detail information on coverage is available on request from the Personnel Department.
8.2.1 Hospitalization Scheme The Hospital subscribes for their Employees, Hospitalization coverage. Coverage begins upon official commencement of service by the Employee. The Hospital bears 100 percent of premium for the coverage in force. Employees are encouraged to find alternative coverage should the individual Employee feels that the coverage is insufficient 4.1.2 Transfer and Reassignment ,An Employee may request for transfer from one working place to another, however, transfer of Employees shall be the prerogative of the Management and shall not be dispute. An Employee may be reassigned, subject to performance of his/her duties and on the recommendation by his/her Superior and/or Departmental Manager. All recommendations for reassignment shall be determined by the Management as and when required.

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8.3 Tax deduction at source. Tax will be deducted at source for all employees at the designated rates every month and a copy of the income tax returns that have been filed must be provided for records to be attached to the personal file of the employee concerned. 8.4 Employees Provident Fund Every Employee shall contribute 11% of his/her gross salary and the Hospital shall contribute for each Employee an amount equivalent to 12% of the salary towards the Employees Provident Fund . Salary means the last drawn salary. For fraction of a year's service, gratuity shall be computed proportionately. The Gratuity Scheme shall be effective from 1st July 2010. For the purposes of calculation the commencement date shall be 1st July 2010 or Employee's date of commencement of employment whichever the later. 8.5 Employees Gratuity An Employee who has been in continuous dedicated and satisfactory service for not less than 5 years and who:- a) Dies while in service; or b) Retires from service at the age of 60; or c) Whose service is terminated owing to ill-health on the recommendation of any member of the panel of doctors and/or owing to redundancy, shall be eligible for the payment for a gratuity, which shall be computed as follows:-
Years of Service
More than 5 but less than 10 ---------2weeks salary for every completed year of service
More than 10 but less than 15 -------------3weeks salary for every completed year of service
More than 15 but less than 20 ------------1 month salary for every completed year of service
More than 20 years -----------------------1 1/2 months salary for every completed year of service

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8.6 Vacation/ Leave Paid vacation is only available to Employees following their confirmation of service in the first-year of employment with the Hospital and is provided based on the following guidelines: 8.6.1 Casual Leave Entitlement Employees who have completed one year of continuous service shall be entitled to casual leave of 12 days. Employees who have completed less than one year of continuous service shall be entitled to proportional casual leave. Subject to the approval of his/her Superior and/or Departmental Manager, an Employee may apply leave for half day on grounds of emergency. Employees are not entitled to apply for half day leave in advance. The Hospital has the right at any time, to recall an Employee who is on leave or cancel his leave if the urgency of the service requires the Employee's service. The Hospital may in certain circumstances arrange the casual leave of an Employee in accordance with the needs of the Hospital ,Casual Leave Application The Employee’s Departmental Manager shall be the authority of granting annual leave. Under normal circumstances, an application shall be submitted on the prescribed form not less than 7 days before the proposed date of commencement of leave. The approval of casual leave is subject to exigencies of service. Any casual leave form granted by the Employee’s Departmental Manager should be handed to the Personnel Department for record purposes prior to the commencement of leave. However, no more than one week of vacation may be taken at one time, except under extraordinary circumstances. Requests for more than one week of vacation should be in writing at least fourteen (14) days prior to the beginning of the requested vacation period. Accumulation of casual Leave Wherever possible, the casual leave should be taken during the year of entitlement. However, where exigencies of service do not permit the leave to be taken during the year of entitlement, the Hospital may at its entire discretion allow the balance of leave not taken to be carried forward and accumulated in the following year. Total leave accumulated should not exceed half of his casual leave entitlement and unutilized accumulated annual leave exceeding one and a half years shall automatically be forfeited.


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8.6.2 Casual Leave Upon termination/resignation,for the respective year will be paid in a lump sum in the Employee’s final pay cheque, or as a deduction for early release. Written notice of intention to accumulate leave must be approved by the Employee’s Departmental Manager by 1st November of each year. Employee are required to fill in the application form "Applications for leave to be carried forward" latest by 30th November every year. Employees who do not submit this form and any unutilized leaves, if any, will not allowed to carry forward. It will be automatically cancelled. Compassionate leave- On the death of a member of the immediate family on a working day, i.e. grandparent, parent, parent-in-law, spouse, child, brother or sister, an Employee shall be granted compassionate leave not exceeding two (2) working days every year. This is only applicable provided that the Employee is a confirmed Employee. Marriage leave- An Employee shall be entitled to one calendar week on the occasion of his/her first legal marriage provided that Employee is a confirmed Employee. Marriage certificate should be produced at the end of the leave period. Paternity leave- A male confirmed Employee shall be entitled to one day's leave on the birth of a child by his legal wife. This is only applicable for up to Two (2) children in the family. 8.6.3 Medical Leave An Employee who is medically unfit for work may be granted medical leave according to the following provisions, should inform his/her Superior before 10.00 am on the same day. The Superior is then responsible to inform Personnel Department. . Medical certificate granted by a registered medical practitioner must be produced for approval. An Employee may be allowed to consult a specialist provided such consultation is carried out with the approval of a registered medical practitioner. Management reserves the right to decide further extension if so required. Paid medical leave granted during each calendar year of service shall be as follows:
Length of Service
Less than 2 years - 8 days
More than 2 years, less than 5 years - 12 days
More than 5 years - 18 days

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8.6.4 Maternity Leave Married female confirmed Employees are entitled to 60 consecutive days confinement leave on half pay in respect of first confinement. This is only applicable for only the first delivery. 8.6.6 Examination Leave SRI VENKATESHWARA NETHRALAYA may grant paid examination leave to a confirmed Employee if the course being pursued is deemed relevant by the Hospital and approved by the Management. PROVIDED ALWAYS that such leave may only be granted not more than once for any given examination and shall not exceed three working days in any calendar year. Referral/Resit examination shall not be applicable. Application for examination leave must be supported by documentary evidence and submitted to the Hospital for approval at least one (1) month before the examination. Notwithstanding the above, approval of such leave is subject to any exigency of service. 8.6.7 Emergency Leave Should any Employee be unable to report to work on grounds of emergency, he/she should inform the Superior before 08.00 am on the same day. The Superior is then responsible to inform Personnel Department. The Employee is responsible to inform directly to the Superior about the nature of the emergency leave. It is not acceptable to leave a message on Superior's voice mail except in extreme emergencies. In the case of having a voice mail message, a follow-up call must be made later. Such leave shall be recorded as casual leave if there is outstanding leave or as no-pay leave if his/her leave entitlement is exhausted. Emergency leave(s) taken by staff who is ill be deducted from his/her annual leave. Emergency leave can be rejected at the discretion of the Supervisor. 8.6.8 Payment in lieu of Vacation/Leave All Employees are to make the most of their vacation time. Regular breaks from daily work make everyone more productive. However, because circumstances may not always permit everyone to take vacation time when it is requested, at the discretion of Management, SRI VENKATESHWARA NETHRALAYA may offer Employees the option of taking the monetary equivalent of their earned vacation hours at their regular daily rate. 8.7 Record Keeping The Personnel Department maintains vacation/leave days accrued and used. Each Employee is responsible for verifying his/her leave status to make sure the correct amount of leave days taken and balance is correct.

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8.8 Holidays SRI VENKATESHWARA NETHRALAYA observes all publicly declared national holidays i.e,Republic day,Independence day and Gandhi jayanthi.
Every employee is entitled to 4 days restricted holiday which may be availed of in case of important personal festivals,Marriage anniversary,Birthdays etc. The festival of Diwali (Naraka chaturdashi) is observed as a universal festival and the hospital will be closed on that day.8.9 Judicial Duty Employees will be granted time off to serve on a judicial duty without pay. However, all regular Employees will be kept on the active payroll until their civic duties have been completed. A copy of the judicial duty summons and all other associated paperwork are required for the personnel file.

8.10 Training and Professional Development The Hospital recognizes the value of professional development and personal growth for Employees.
Therefore, the Hospital encourages its Employees who are interested in continuing education and job specific training to research these further and get approval before signing up for the seminars or courses. Where applicable, the Hospital reserves the right to impose a bond for the Employee for specific training and professional program to a maximum of three years.

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Employee Communications 9.1Board Meetings and Staff Meetings Board Meetings will be held every month and only the Medical Director , Managing partner, Executive Directors and Consultants are allowed to attend these meetings. Other personnel may be invited to attend on a need basis.All executive directors and Consultants are involved in the decision making process and will have one vote each.The Medical Director will have the absolute right to decide which subject on the agenda will be put through a voting process and the final decision will be made by the Medical Director or the Managing partner in his absence after the vote which will be binding on all Employees. Minutes of the Previous Board Meeting will be circulated at the subsequent Board Meeting. Clinical meetings and case reviews will be held every week and all the clinical staff of doctors and optometrists are expected to attend and actively participate in the discussion. Staff meetings will be held at least two (2) times a year. These informative meetings allow Employees to be informed of recent Hospital activities and changes in the workplace. 9.2 Bulletin Boards Bulletin boards placed in designated areas provide Employees access to important posted information and announcements. The Employee is responsible for reading necessary information posted on the bulletin boards. 9.3 Suggestion Box The Hospital encourages Employees who have suggestions that they do not want to offer orally or in person to write them down and leave them with their Superior or the Management. If this is done anonymously, every care will be taken to preserve the Employee’s privacy. Suggestions may be sent by e- mail to their respective Superior or Departmental Manager. 9.4 Procedure for Handling Complaints Under normal working conditions, Employees who have a job-related problem, question or complaint should first discuss it with their immediate Superior. At this level, Employees usually reach the simplest, quickest, and most satisfactory solution. If the Employee and Superior cannot solve the problem, the Hospital encourages the Employee to escalate the issue upwards in the management hierarchy until the problem is resolved. 9.5 Grievances An Employee shall convey grievances to the Management only in writing. The Management shall respond, in writing and within a reasonable time, as to whether the grievances would be given due consideration or otherwise. The Management may opt to implement corrective measures immediately or at their discretion, establish a Board of Inquiry to review and consider the grievances. The Board of Inquiry shall recommend to Management the corrective measures to be undertaken. 9.6 Press Relations Employees should not give press statements or grant interviews to the press, television or radio on any matters connected with the Hospital, particularly on policy matters, without the prior consent of the Management.

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SECTION 10
Breaches 10.1 Breach of Code of Conduct, Policies, Rules and Practices An Employee who is alleged to have breached any of the code of conduct, rules or policies as stipulated in this document (or its addendums and revisions) shall be informed in writing and shall be entitled to 'due process' to refute the allegations and/or submit a defense. The Management shall establish a Board of Inquiry to determine the actual breach(es) and the Board of Inquiry may recommend to Management to impose specific disciplinary action. The Management shall decide and appropriate disciplinary action to be imposed unto the Employee. Disciplinary actions may range from verbal reprimand to immediate dismissal depending on the severity of the breach committed.

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History of Change 11.1 Rationale for Change The Hospital has been using an Office Manual that was created on 1st July 2003. Since then the Hospital has undergone tremendous change and growth. These quantitative and qualitative development necessitated an update to that manual. 11.2 Key Changes SECTION 11 11.2.1 New Inclusions This handbook now have a “Definitions” page to facilitate easier and more accurate reference to common terms used. Benefits and entitlements are also more comprehensively mentioned. 11.2.2 Human Resource Reorganisation The Hospital has adopted a new set of categorization for staff. This reorganization is to provide a fairer basis for performance reviews, reassignment of duties and benefits and entitlements. The Hospital has also stipulated that a formal performance review is to be held at least once a year whilst informal ones can be conducted as and when deemed necessary.

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Job Categories Employees are not assigned grades or rank in the organization. However, job positions within SRI VENKATESHWARA NETHRALAYA are graded and ranked in nine broad categories. They are in the order of hierarchy,

Designation
(1) Medical Director and Chief
(2) Managing partner
(3) Executive Director
(4) Consultant ophthalmologist
(5) Registrar
(6A) Resident Doctor (6B) Nursing Superintendent (6C) Consultant Optometrist (7A)Public Relation Officer (7B) Staff Nurse ( 7C) Optometrist (8A)Manager(Accounts) (8B) Manager(Administration) (8C) Manager(EDP)
(9A)Cashier (9B) Receptionist (9C) Junior nurse (9D) Data Entry Operator

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The Laws Governing Employment in India The principal legislation governing the labor market and employment relationship in India is the Employment Act .
1. The Minimum Wages Act, 1948 (Central Act 11 of 1940) & Rules, 1950
These are applicable to Private Clinics and Hospitals and now minimum wages should be paid as per G. O. (Rt.) No. 1928/2000 Bangalore, 2000 June 5th - S. R. O. No. 511/2000 published in the Karnataka Gazette (Extraordinary) Bangalore, 9th June 2000. This is published in the June issue of our QPMPA Journal of Medical Sciences.
2. The Maternity Benefit Act, 1961
Applicable to Clinics and Hospitals and leave with full pay for 6 weeks before and 6 weeks after the delivery should be given. In case of miscarriage 6 weeks after the miscarriage should be given. Prenatal and postnatal care or a Medical Bonus of Rs. 250 should be given.
Nursing Break-daily: 2 breaks for 15 months after delivery should be given.
3. The National & Festival Holidays Act
Applicable to Hospitals with 10 or more employees, but it is better to give it even if the number is less than ten.
By a recent amendment of the Act — 24/90 published in the Gazette dt. 6.8.90 — hospitals should give 13 holidays. They are: - Independence day, Republic Day, May 1st, Gandhi Jayanthi and 9 other Festival Holidays. Annual Return in Form No. 5 should be send to the Labour Officer.
4. Gratuity Act, 1972
Applicable if there are 10 or more employees. But Labour Courts in our State say that gratuity should be given if there is only one employee. Employees having 5 years or more of service only are eligible for Gratuity. Gratuity is 15 day's salary per year of Service and is calculated as last month's total salary.
5. Leave
36 days leave in an year should be given. They are 12 days Earned Leave, 12 days Casual Leave and 12 days Sick Leave. If there are only less than 20 employees, there is no statutory law; but it is better to give.
6. Weekly off
One day off after six days work should be given as per Weekly Holidays Act, 1942 (Central Act 18 of 1942).
7. The Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (Central Act 19 of 1952)
Applicable only if 20 or more persons are employed. The rate of contribution is 8.33% of the total salary by the employer and 8.33% by the employee.
A For New establishments:
Infancy Period
nUp to 49 employees — 5 years.
n More than 49 employees — 3 years.
The Act is applicable to trainees, contract workers and all other types of workers.
8. The E. S. I. Act
Applicable only if there are 29 or more employees. E. S. I. Corporation has not so far taken up the issue in Private Hospitals.
9. The Payment of Bonus Act, 1965 (Central Act 21 of 1965) & Rules, 1975
Applicable to any establishment employing 20 or more employees.
60% of the profit should be given to the employees. Minimum Bonus payable is 8.33% of the salary and this should be paid even if the establishment is in loss.
10. The Karnataka Labour Welfare Fund Act, 1975 (Act II of 1977)
Applicable if 5 or more employees are present. Rate is Rs. 2 by the employer and Rs. 2 by the employee half yearly — may be changed from time to time.
11. The Travancore-Cochin Nurses & Midwives Act, 1953 and Rules, 1958
Applicable to all Clinics and Hospitals. Section 30 says — No employer shall employ A.N.Ms and Nurses without registration. Section 32 says— Nobody should work as a Nurse or an A.N.M. without registration.
12. The Drugs and Cosmetics Act, 1940 (Central Act 23 of 1940) and Rules, 1945
This Act and Rules are applicable to the Private Medical Institutions in Karnataka as per the judgment of the High Court of Karnataka on 29.11.1999 in various O. Ps filed by the QPMPA. Against this Judgment the QPMPA has filed S. L. P. in the Supreme Court of India on 29.2.2000 as S. L. P (Civil) No. 5203 of 2000 and has obtained an interim Stay.
13. The Pharmacy Act, 1948 (Central Act 8 of 1948)
This is applicable to Private Hospitals. Under this Act as per Chapter V, Subsection 42(1), "No person other than a Registered Pharmacist shall compound, prepare, mix or dispense any medicine on the prescription of a Medical Practitioner, provided that this subsection shall not apply to the dispensing by a Registered Medical Practitioner for his own patients, or with the general of special sanction of the State Government, for the patients of another Registered Medical Practitioner."
14. Blood Bank Licence
Blood Bank licence is now made compulsory for any hospital where Blood Transfusion is done. This is as per the Drugs and Cosmetics (1st Amendment ) Rules 1992 which is published as notification G. S. R. 28 (E) dated New Delhi, the 22nd January, 1993 by the Department of Health of the Central Ministry of Health and Family Welfare. The criteria and norms for Blood Bank Licence are stipulated in the above cited notification. Modifications to the original criteria and norm are published as notification of Department of Health, Central Ministry of Health and Family Welfare, New Delhi, the 5th April 1999 No. G. S. R 245 (E).
15. The Poison Act, 1919 (Central Act XII of 1919) & the Karnataka Poison Rules, 1960
Made applicable to Private Hospitals as per order No. 5274/FI/HD dated Bangalore, March 1996. The Poison Rules 1960, were published in the QPMPA.JMS Vol. X, No. 10 October 1996 issue. Against this the QPMPA has approached the Karnataka High Court and got a stay on 8th October 1996 in CMP 27825/96 in OP No. 15625/1996-I.
16. The Karnataka Shops & Commercial Establishments Act, 1960 and Rules, 1961
This is made applicable to the Private Medical Institutions as per Government order G. O. (Rt.) No. 2906/93/LBR dated Bangalore, 18th November 1993 published in the Karnataka Gazette Extraordinary Vol. XXXVIII, Bangalore, Thursday 18th November 1993 as S. R. O. No. 1777/93.
Against this the QPMPA along with about 90 hospitals have approached the Karnataka High Court and obtained a stay which is still in effect.
In the meantime the QPMPA was able to persuade the present Ministry to obtain an exemption order for two years from 07.08.1998 as per order G. O. (P) No. 49/98/LBR dated, Bangalore, 7.8.1998 — S. R. O. No. 667/98.
17. The Karnataka General Sales Tax Act, 1963
According to Sales Tax Authorities, this Act is applicable to the Private Clinics and Hospitals also and so they are sending notices to Private Medical Institutions at certain places. Against this the QPMPA has approached the High Court of Karnataka in 1997 and stay is obtained which is still in force.
18. Registration of Clinics & Hospitals
As per the Karnataka Panchayat Raj Act, 1994 (Act 13 of 1994) and the Karnataka Panchayat Raj Rules, 1997 published in the Karnataka Gazette Extraordinary Vol. XLII, Bangalore, 22nd August 1997 — SRO No. 660/97 and the Karnataka Municipalities Act, 1994 (Act 20 of 1994) and the Karnataka Municipalities Rules, 1997 published in the Karnataka Gazette Vol. XLII, Bangalore, 8th September 1997— S. R. O. No. 700/97, all Private Clinics and Hospitals have to register with the concerned Panchayat or Municipality.
19. Licence under the Dangerous & Offensive Trades and Factories Licence Rules
Now certain Panchayats and Municipalities demand the Private Clinics and Hospitals to take licence under this Licencing system. Against this, the QPMPA has approached the High Court of Karnataka.
20. Pollution Control Act
The Environment (Protection) Act, 1986 with the Biomedical Waste (Management and Handling) Rules, 1998 published in the Gazette of India dated New Delhi, July 27, 1998 as Notification No. S. O. 630/E is applicable to all Private Clinics and Hospitals. This Act and Rules are applicable to hospitals where 1,000 or more patients are treated in a month. This lacunae in the Rule may be properly used by the hospital owners. So also the Water (Prevention and Control of Pollution ) Act 1974 (Central Act 6 of 1974) with the Water (Prevention and Control of Pollution) Rules, 1976 and the Air (Prevention and Control of Pollution) Act, 1981 are applicable to all Private Medical Institutions.
21. The Standards of Weights & Measures Act, 1976 (Central Act 60 of 1976) & The Standards of Weights & Measures (Enforcement ) Act, 1985 (Central Act 54 of 1985)
These became applicable to our State with effect from 24th July 1992 as per G. O. (MS) No 338/92/RD dated Bangalore, 24th July 1992 published in the Karnataka Gazette Extraordinary Vol. XXXVII Bangalore, 24th July 1992 — S. R. O. No. 895/92. These are Central Government Acts and Rules and they are applicable to the Doctors, Clinics and Hospitals. If the National IMA can take some interest, we will be exempted from these Acts and Rules.
22. The Industrial Finance Corporation Act, 1948 (Central Act 15 of 1948)
This is applicable to the Private Hospitals as per the Industrial Finance Corporation (Amendment) Act, 1986 (Central Act 50 of 1986).
23. Hospital Deaths — Criminal negligence case against Doctors
As per the Order No. 73231/SS.B 4/92/Home, dated Bangalore, 20.9.1993, after registration of the case the Deputy Superintendent of Police shall investigate and he shall submit his report to the Committee consisting of the Superintendent of Police and the District Medical Officer/Medical College Principal of the District for opinion. He will continue investigations depending upon the joint decision of the above panel. If there is any difference of opinion, it shall be referred to the Apex Committee consisting of the Director of Health Services, the Director of Medical Education, Additional Director of Health Services (Vigilance), the Director General of Police and the Director General of Prosecution for opinion. The affected doctor also can approach the Apex Committee.
24. The Consumer Protection Act, 1986 (Central Act 68 of 1986) and Rules, 1987 (Central Rules of 1987)
This became applicable to doctors, clinics and hospitals in Private Sector as per the judgment of the Supreme Court of India, dated New Delhi, November 13, 1995 in various Civil appeals including the one filed by the QPMPA—S. L. P. (Civil) No. 6950/92.
25. Income Tax Act
Applicable to Doctors, Clinics and Hospitals.
26. Professional Tax
Applicable to Doctors, Clinics and Hospitals.
27. Minimum Standards for Private Medical Institutions
The Central Government, the Medical Council of India and the W.H.O. are planning to implement uniform Minimum Standards for Private Medical Institutions throughout India. Several workshops have been conducted for this. Now the Central Government is in the process of formulating the norms and the rules for the same. At the same time our State Government is also planning to implement the Minimum Standards in our State. The recommendations are published in our June 2000 issue of the Journal

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Workmen's Compensation Act 1952 For compensation to foreign workers injured in the course of their employment and to worker's dependents in the event of fatal accident.