Labour
Reshma K
(Querist) 14 January 2010
This query is : Resolved
I am confused with the definition of Workman. It seems most of the labour laws deal with Workman. Can you pls help me with a simple yet comphrehensive definiton of WORKMAN. Does the IDA, ESI, WCA, EPF, Factories Act, MWA apply only to WORKMAN. What about bank employees, teachers, government servants, private sector employees (software, consultancy, etc). Does any of this apply to them. Pls provide some comprehensive answer
Vijayarajan
(Expert) 15 January 2010
Bank employees and Software employees come under the definition of workman. Under sec. 2 S of ID Act supervisors drawing more than 1600 pm and all managers irrespective of their salary are excluded from the definition of workmen. Different Acts defines workmen differently. ESI and EPF excludes those who are drawing more than 1000/ and 6500/ respectively. So post your specific doubt.
A.R.KUPPUSAMI
(Expert) 15 January 2010
Bank employees, teachers, government servants, private sector employees(Software, consultancy)
All are employees so all are comes under the Acts applicable to them. Constitution of India is globally a vast one.Especially labour law
All employees/workmen should be the beneficiaries, except the managerial cadres.
Those who are drawing more than the ceiling limit excluded from of particular act. So spell out your doubt.
H. S. Thukral
(Expert) 15 January 2010
The ' Workman' is both a question of fact and law. pilot is a workman, whereas manager of a shoe store might not be a workman. But this is relevant to only Industrial Disputes Act. Salary is no consideration in ID Act whereas in other legislation it is wage which is primarily a concerning factor to determine the applicability ( Payment of Wages, ESI, PF etc.) Teachers, Government Servants are not workmen under the Acts. However it is under consideration of extending Payment of Gratuity Act to teachers. Similarly, in view of definition of workman in ID Act, Software Engineers, Artists may not be covered under the same.
Suresh C Mishra
(Expert) 15 January 2010
I am agree with all my friends, The definition of workman is not the same in all the acts noted in the querry? it has been given different in the deferment acts .
