Sowmya Pillai (HR Executive) 04 May 2009

Does Software Companies come under Labour Law?

Hi All,

I always have a doubt.. In S/w companies labour law is valid or does it come under corporate law or anything else.. Do s/w professionals come under the category of 'Workman' as in Labour law? Now a days most of the small and mid sized companies are winding up without any prior notice, some without paying salary for its employees for months? Is there any law for supporting the employees in this case? I heard that S/w companies doesnt come under labour and industrial law? Is it so??

Please help in clarifying my doubts..

Thanks in advance..

Sowmya

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7 Replies

Swami Sadashiva Brahmendra Sar (Nil) 05 May 2009

software companies are covered by definition of industry. workers working in their offices may be covered by definition of "workman" under ID Act if they are bellow the supervisory rank and they are paid the salary not exeeding as provided under ID Act. software professionals may also be covered under this category if they are working under control of company . but when they are working as experts and not as employees of co. they can not claim benefit of I D Act. in other words application of labor laws will depend upon nature of employment, amount of salary, control etc....

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rajithkumar (Advocate) 05 May 2009

I agree with views of Mr.Tripathi

Swami Sadashiva Brahmendra Sar (Nil) 05 May 2009

mr. subramanian is right. specific legislations re cyber sector should be refered.

1 Like

Sowmya Pillai (HR Executive) 06 May 2009

Thanks Mr. Tripati and Mr. SivaSubramanian.. Will go through it..

Anju Verma (House Wife) 08 July 2013

Hi Sir,

I was working in a IT company Softona Technologies Pvt. Ltd. (in India) or Comnez Inc. (in USA) as a Market Research Analyst since last 11 months. sudenlly they fired all the team of two departments sales and online marketing(SEO) without any prior notice. They had only one excuse for all that you had bad performance. And they didn't give any compensation or any ammount that they had mentioned in appointment letter.

Please help me out and let me know that what we can do against them.

Thanks,

Anuj Kumar