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Worker & Workmen?? - CiteHR

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motherson
What is the difference between workers & workmen???
From India, Pune
Madhu.T.K
3891

No difference. The term worker is used in common terminology whereas in Labour Acts (say, Industrial Disputes Act) the word workman/ workmen is used. Regards, Madhu.T.K
From India, Kannur
K C S Kutty
75

Generally speaking, there is no difference. But if we take it legally, yes, there is a difference.

The term "worker" is defined in the Factories Act 1948 ( Section 2(l) is as under.

"worker" means a person employed directly or by or through any agency (including a contractor) with or without the knowledge of the principle employer, whether for remuneration or not, in any manufacturing process, or in any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process, but does not include any members of the armed forces of the Union.

" "Workman" is defined under Section 2(s) of the Industrial Disputes Act 1947 as under :

"Workmen" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purpose of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged, or retrenched in connection with or as a consequence of, that dispute, but does not include any such person (i) who is subject to the Air Force Act 1950, or the Army Act 1950 or the Navy Act 1957 or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature. (State amendments - Rs 6500 in Maharashtra - check State amendments, if any)

Industrial Employment (Standing Orders) 1946 vide Section 2 (i) adopted the definition of "Workman" under ID Act 1947.

Under the Inter State Migrant Workmen (R.E.C.S) Act 1979, the definition of "Workman" ([under Section 2 (j) ]is almost like the definition in ID Act 1947 but not exactly the same.

Under the Employees State Insurance Act 1948, there is no workman or worker. It is "employee". Defined under Section 2 (9). Again it is "employee" in Minimum Wages Act 1948, under Section 2(i).

Hence, it is better to refer to the concerned Act before using the term "worker" or "workman" or "employee".

From India, Madras
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