Dear Friends,
we are an IT enabled service company and want to draft employee handbook covering discplinary procedures. Can some share disciplinary porocedure to be followed for such a company. The procedure generally available is as per the Industrial Disputes Act which may not be applicable for us.
Regards
Preeti
From United Kingdom
we are an IT enabled service company and want to draft employee handbook covering discplinary procedures. Can some share disciplinary porocedure to be followed for such a company. The procedure generally available is as per the Industrial Disputes Act which may not be applicable for us.
Regards
Preeti
From United Kingdom
Dear Ms.Preethi
1.The IT enabled service companies are not exempt from the provisions of the Industrial Disputes Act. They come within the ambit of the definition of the term "industry" as defined under the Industrial Disputes Act 1947.
2.The employees of the IT enabled service companies, if they come within the ambit of the definition of the term "workman" as defined in section 2(s) of the Industrial Disputes Act can have the remedies provided for under the Industrial Disputes Act 1947.
3.The Industrial Disputes Act does not prescribe any disciplinary procedure.
4.The procedure to be followed in case of disciplinary proceedings are regulated by
(a) The certified standing orders certifed under the Industrial Employment (Standing Orders) Act if the Act is applicable to the establishment.
(b) If the Industrial Employment (Standing Orders) Act is applicable but if the standing orders are not certified yet, then the procedure prescribed in the Model Standing Orders appended to the Rules framed under the Industrial Employment (Standing Orders) Act is applicable and have to be followed.
(c) If the Industrial Employment (Standing Orders) Act is not applicable to the establishment, then the general procedure for the conduct of disciplinary proceedings are to be followed.
With regards
From India, Madras
1691.The IT enabled service companies are not exempt from the provisions of the Industrial Disputes Act. They come within the ambit of the definition of the term "industry" as defined under the Industrial Disputes Act 1947.
2.The employees of the IT enabled service companies, if they come within the ambit of the definition of the term "workman" as defined in section 2(s) of the Industrial Disputes Act can have the remedies provided for under the Industrial Disputes Act 1947.
3.The Industrial Disputes Act does not prescribe any disciplinary procedure.
4.The procedure to be followed in case of disciplinary proceedings are regulated by
(a) The certified standing orders certifed under the Industrial Employment (Standing Orders) Act if the Act is applicable to the establishment.
(b) If the Industrial Employment (Standing Orders) Act is applicable but if the standing orders are not certified yet, then the procedure prescribed in the Model Standing Orders appended to the Rules framed under the Industrial Employment (Standing Orders) Act is applicable and have to be followed.
(c) If the Industrial Employment (Standing Orders) Act is not applicable to the establishment, then the general procedure for the conduct of disciplinary proceedings are to be followed.
With regards
From India, Madras
Dear Mr. V. Harishishnan,
Relared to this query, I would like to know few things..
Sir, If IT enabled service companies comes within the ID Act, then employee of the IT serives will also be covered as 'workman' under ID. Then, if any IT employee is getting the salaries more than 50000 PM, shall he deemed to be an workman? Because, by the recent amendment in ID Act, the employee who is getting the salaries not more than 10000 PM, to be considered as 'Workman'.
I just wanted to know the correct applicability of the Act in connection with the defination of workman, for my information only.
Could you please clarify on this????
Regards,
Atul S Malve
Manager- HR & Admin
From India, Sholapur
Relared to this query, I would like to know few things..
Sir, If IT enabled service companies comes within the ID Act, then employee of the IT serives will also be covered as 'workman' under ID. Then, if any IT employee is getting the salaries more than 50000 PM, shall he deemed to be an workman? Because, by the recent amendment in ID Act, the employee who is getting the salaries not more than 10000 PM, to be considered as 'Workman'.
I just wanted to know the correct applicability of the Act in connection with the defination of workman, for my information only.
Could you please clarify on this????
Regards,
Atul S Malve
Manager- HR & Admin
From India, Sholapur
Dear Mr.Atul S Malve
I request you to go through the definition of the term "workman" in section 2(s) of the Industrial Disputes Act.To come within the definition a person should
(a) be employed in an industry as defined under the I.D.Act. If the establishment in which the person is employed does not come within the definition of the term "industry" as defined under the I.D.Act he cannot get the coverage of the I.D.Act.
and(b) he should be a workman as defined under section 2 (s) of the I.D.Act. That is
(i) he should be employed in an industry as defined under section 2(j) of the I.D.Act and
(ii)he should be employed to do any manual, skilled technical operational clerical or supervisory work for hire or reward, that is for wages and
(iii) he should not be subject to the Air Force Act or the Army Act or the Navy Act and
(iv)he should not be employed in the police service or as an officer or otehr employee of a prison and
(v) he should not be employed mainly in a managerial or administrative capacity and
(vi) he should not be employed in a supervisory capacity and draws wages exceeding Rs,10000 per mensem and
(vii) he should not exercise functions mainly of a managerial nature.
The IT companies are "indsutry" as defined in the Industrial Disputes Act. Therefore condition (a) is fulfilled. Thereafter please check whether all the conditions listed at (b) are fulfilled. If all these conditions are fulfilled the employee of an IT company is a "workman" as defined in the ID Act.
An employee of an IT company who is drawing more than Rs.10000/- will go out of the purview of the ID Act only if he is employed in a supervisory capacity or exercises functions mainly of a managerial nature. In other words an employee of an IT company who draws wages exceeding rs.10000/- per month and who is not employed in a supervisory capacity or managerial capacity will come within the definition of the term "workman" as defined under the I.D.Act.
With regards
From India, Madras
I request you to go through the definition of the term "workman" in section 2(s) of the Industrial Disputes Act.To come within the definition a person should
(a) be employed in an industry as defined under the I.D.Act. If the establishment in which the person is employed does not come within the definition of the term "industry" as defined under the I.D.Act he cannot get the coverage of the I.D.Act.
and(b) he should be a workman as defined under section 2 (s) of the I.D.Act. That is
(i) he should be employed in an industry as defined under section 2(j) of the I.D.Act and
(ii)he should be employed to do any manual, skilled technical operational clerical or supervisory work for hire or reward, that is for wages and
(iii) he should not be subject to the Air Force Act or the Army Act or the Navy Act and
(iv)he should not be employed in the police service or as an officer or otehr employee of a prison and
(v) he should not be employed mainly in a managerial or administrative capacity and
(vi) he should not be employed in a supervisory capacity and draws wages exceeding Rs,10000 per mensem and
(vii) he should not exercise functions mainly of a managerial nature.
The IT companies are "indsutry" as defined in the Industrial Disputes Act. Therefore condition (a) is fulfilled. Thereafter please check whether all the conditions listed at (b) are fulfilled. If all these conditions are fulfilled the employee of an IT company is a "workman" as defined in the ID Act.
An employee of an IT company who is drawing more than Rs.10000/- will go out of the purview of the ID Act only if he is employed in a supervisory capacity or exercises functions mainly of a managerial nature. In other words an employee of an IT company who draws wages exceeding rs.10000/- per month and who is not employed in a supervisory capacity or managerial capacity will come within the definition of the term "workman" as defined under the I.D.Act.
With regards
From India, Madras
Dear Sir,
Thanks for your advice on this.
As far as the roles of the IT employees are concerned, I dont think that those employees are below the level of supervisors or managers and offcourse, considering their high pay packages, usually they gets more than 10000 PM, so their coverage under the ID Acts seems little difficult, hence I have raised this query...
So in continuation with this, if in such case, if any employee dosn't come within the purview of ID act as well as under the definition of workmen under ID act (As per the above confirmation) and if he has any dispute regarding any of his service conditions or terms, how he should approch for its redress? who is the proper competent authority for its solution?
kindly advice,
Regards,
Atul S Malve
From India, Sholapur
Thanks for your advice on this.
As far as the roles of the IT employees are concerned, I dont think that those employees are below the level of supervisors or managers and offcourse, considering their high pay packages, usually they gets more than 10000 PM, so their coverage under the ID Acts seems little difficult, hence I have raised this query...
So in continuation with this, if in such case, if any employee dosn't come within the purview of ID act as well as under the definition of workmen under ID act (As per the above confirmation) and if he has any dispute regarding any of his service conditions or terms, how he should approch for its redress? who is the proper competent authority for its solution?
kindly advice,
Regards,
Atul S Malve
From India, Sholapur
Dear Mr Atul S.Malve
An individual does not become a "supervisor" or "manager" simply because in his appointment order he is designated as such. The Honourable Supreme Court has laid down certain principles as to when an individual could be regarded to be as a "supervisor" or "manager". Those principles have to be applied in each case to find out whether an individual is a "supervisor" or "manager' or not. Therefore the pay package is not the defining criteria to determine whether an individual is a "supervisor" or "manager" or not. Also a general statement cannot be made either that all the IT employees are either "workmen" or not. Each case has to be considered on the facts applicable. This is true not only in IT industry but in all industries. If an individual is not covered by the provisions of the ID Act then regarding his service conditions if he has any grievance he has to approach the Civil Court having jurisdiction.
With regards
From India, Madras
An individual does not become a "supervisor" or "manager" simply because in his appointment order he is designated as such. The Honourable Supreme Court has laid down certain principles as to when an individual could be regarded to be as a "supervisor" or "manager". Those principles have to be applied in each case to find out whether an individual is a "supervisor" or "manager' or not. Therefore the pay package is not the defining criteria to determine whether an individual is a "supervisor" or "manager" or not. Also a general statement cannot be made either that all the IT employees are either "workmen" or not. Each case has to be considered on the facts applicable. This is true not only in IT industry but in all industries. If an individual is not covered by the provisions of the ID Act then regarding his service conditions if he has any grievance he has to approach the Civil Court having jurisdiction.
With regards
From India, Madras
I agree with Mr. Harikrishnan’s interpretation. However, i strongly believe that the law need to be amended to make it in line with the changed scenario
From United Kingdom
From United Kingdom
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