I am working as a supervisor on CONTRACT in a public sector. Please give me a clarification, do I come under workman in ID act or not?
From India, Kozhikode
From India, Kozhikode
3124
Dear Baiju, I think the very same question phrased by yourself differently in yet another thread got answered by me today.
From India, Salem
From India, Salem
Dear Baiju,
As per ID act -"workman" 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 purposes 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, or whose dismissal, dischasrge or retrenchment has led to that dispute,
but does not include any such person—
who, being employed in a Supervisory capacity, draws wages exceeding one thousand Ten thousand 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.
From India, Haldwani
As per ID act -"workman" 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 purposes 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, or whose dismissal, dischasrge or retrenchment has led to that dispute,
but does not include any such person—
who, being employed in a Supervisory capacity, draws wages exceeding one thousand Ten thousand 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.
From India, Haldwani
Thanks for the valuable information regarding ID act. I have an another problem, that is my friend working as Diploma engineer on contract base. He has two subordinate electricians and he earn rupees19000 per month. Please give clarification, he comes as a workman under ID act or not? In the first paragraph of explanation of workman , which mentioned supervisory work for hire or reward will comes as a workman and in next part which mentioned, the man who have managerial or supervisory Capacity will not coming as a workman. In the next part a supervisor who earn ten thousand rupees will not coming as a workman. Please give me a clarification
From India, Kozhikode
From India, Kozhikode
Dear Baiju,
If the man who have managerial or supervisory Capacity will not coming as a workman if the man getting salary >Rs10000/month & have power to sanctioned leaves ,gate pass ,recommend punishment & conduct appraisals for Junior staff and these should not be merely on the paper but should be provable by cogent evidence then same man will not be comes under workmen category.
And if man getting salary 10000/month have No power to sanctioned leaves ,gate pass ,recommend punishment & conduct appraisals for junior staff then he will come under workmen category.
From India, Haldwani
If the man who have managerial or supervisory Capacity will not coming as a workman if the man getting salary >Rs10000/month & have power to sanctioned leaves ,gate pass ,recommend punishment & conduct appraisals for Junior staff and these should not be merely on the paper but should be provable by cogent evidence then same man will not be comes under workmen category.
And if man getting salary 10000/month have No power to sanctioned leaves ,gate pass ,recommend punishment & conduct appraisals for junior staff then he will come under workmen category.
From India, Haldwani
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf