Myself Prakash , HR manager. As per labour law workmen means upto engineer level and clerical staff . But when companies appointing these members on company roll that time we are issuing appointment letter as staff . There are clauses of termination , transfer, notice period in letter. when staff activity , behaviour , attitude , discipline having problems to company. Company decided to remove staff. If staff not responded proper way, then company giving termination letter.
In this case staff going to labour court to file case against company that he is working as workmen. Actually company treating him in staff, he working as senior person. He taking work from junior, order them, control, checking their work how he becomes workmen. If we submit this documents , court will accept or not . How to prove , he is not workmen .
From India, Pune
2In this case staff going to labour court to file case against company that he is working as workmen. Actually company treating him in staff, he working as senior person. He taking work from junior, order them, control, checking their work how he becomes workmen. If we submit this documents , court will accept or not . How to prove , he is not workmen .
From India, Pune
Dear Prakash,
What you have raised is a very basic question as to who a workman is. The right answer springs out not from the designation of the post held by an employee nor from the amount of monetary compensation payable for but strictly from the predominent nature of duties and responsibilities attached to it. Even a professional like a doctor, engineer can be a workman even though he is classified into a mysterious category which is called as "staff" for the purpose of distinguishing from the blue-collar employee usually called as " workman". So,I would like to suggest you to go through Sec.2(s) of the Industrial Disputes Act,1947 and take some pains to understand it with a naked mind rather than getting confused with certain colloquial terms like staff, clerical staff etc.
From India, Salem
What you have raised is a very basic question as to who a workman is. The right answer springs out not from the designation of the post held by an employee nor from the amount of monetary compensation payable for but strictly from the predominent nature of duties and responsibilities attached to it. Even a professional like a doctor, engineer can be a workman even though he is classified into a mysterious category which is called as "staff" for the purpose of distinguishing from the blue-collar employee usually called as " workman". So,I would like to suggest you to go through Sec.2(s) of the Industrial Disputes Act,1947 and take some pains to understand it with a naked mind rather than getting confused with certain colloquial terms like staff, clerical staff etc.
From India, Salem
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
RS - Amendment in Inter State Migrant Workmen Act 1979 - (1.12.2010).pdf
Performance Appraisal Form for Staff.doc