Dear Seniors
Could some one please help me in giving a clarity on the following.
1. I would like to know whether IT companies fall under Labour laws?
2. Will industrial dispute act comes to the picture when there is a dispute between the Employer and Employees in an IT Company?
3. Does the inspector of factories/Companies have got powers to make a surprise visit to the company and verify the documents and will the company should answer all their queries ?
4. Is there any associations/ common forum for IT Companies in chennai
5. Should the company be answerable for Govt Labour officials (like Labour Commissioner )
6. If there is a dispute between the employer and employees of an IT firm, where the employees are not happy with the grievance addressed. Apart from seeking legal remedies what else an employee can do to move out of the company if he had submitted all his certificates and given an undertaking at the time of joining.
Need your kind advice..
Thanks
Arun
From India, Pondicherry
5Could some one please help me in giving a clarity on the following.
1. I would like to know whether IT companies fall under Labour laws?
2. Will industrial dispute act comes to the picture when there is a dispute between the Employer and Employees in an IT Company?
3. Does the inspector of factories/Companies have got powers to make a surprise visit to the company and verify the documents and will the company should answer all their queries ?
4. Is there any associations/ common forum for IT Companies in chennai
5. Should the company be answerable for Govt Labour officials (like Labour Commissioner )
6. If there is a dispute between the employer and employees of an IT firm, where the employees are not happy with the grievance addressed. Apart from seeking legal remedies what else an employee can do to move out of the company if he had submitted all his certificates and given an undertaking at the time of joining.
Need your kind advice..
Thanks
Arun
From India, Pondicherry
Dear Mr.Arun
1.Yes IT Companies are covered by the provisions of Labour laws. The working conditions of employees of IT companies in Tamilnadu are covered by the provisions of the Tamilnadu Shops and Establishments Act. However, the Government has exempted the IT companies from the provisions of Chapter II and Chapter III of the Tamilnadu Shops and Establishments Act. The other chapters are applicable. The other labour laws are also applicable subject to the definition of "establishment" in those Acts and also subject to other sections of those Acts.
2.The IT companies are "industry" as defined in the Industrial Disputes Act and as per the interprettation of the term "industry" by the Honourable Supreme Court of India.
3.The Inspector of Factories may not have jurisdiction to inspect IT companies unless a "manufacturing process" as defined in the Factories Act is carried on in the IT company. The development of software is not a manufacturing process as defined in the Factories Act. But the activities of the IT companies come within the definition of "establishment" as defined under the Tamilnadu Shops and Establishments Act. Therefore the Inspector appointed/notified under the Tamilnadu Shops and Establishments Act can inspect the IT companies.
4. I have no knowledge about the information asked for under item 4.
5.Answer to item 5 is yes.
6.The best method will be to persuade the employer to release all the documents.
With regards
From India, Madras
1.Yes IT Companies are covered by the provisions of Labour laws. The working conditions of employees of IT companies in Tamilnadu are covered by the provisions of the Tamilnadu Shops and Establishments Act. However, the Government has exempted the IT companies from the provisions of Chapter II and Chapter III of the Tamilnadu Shops and Establishments Act. The other chapters are applicable. The other labour laws are also applicable subject to the definition of "establishment" in those Acts and also subject to other sections of those Acts.
2.The IT companies are "industry" as defined in the Industrial Disputes Act and as per the interprettation of the term "industry" by the Honourable Supreme Court of India.
3.The Inspector of Factories may not have jurisdiction to inspect IT companies unless a "manufacturing process" as defined in the Factories Act is carried on in the IT company. The development of software is not a manufacturing process as defined in the Factories Act. But the activities of the IT companies come within the definition of "establishment" as defined under the Tamilnadu Shops and Establishments Act. Therefore the Inspector appointed/notified under the Tamilnadu Shops and Establishments Act can inspect the IT companies.
4. I have no knowledge about the information asked for under item 4.
5.Answer to item 5 is yes.
6.The best method will be to persuade the employer to release all the documents.
With regards
From India, Madras
Dear Mr.Harikrishnan,
kindly help me in registers which has to be maintained
nature of the company - engineering design
nature of business - epc & engineering design
right now we are maintaining registers mentioned below
1. attendance registers
2. holiday registers
f3. orm "N" , but we have stopped using it since the last register was over as the sales men from the register shop told usage is been stopped by everyone as per labour rules updated.
i just want know the how do we get updates reg what are the registers to be maintained.
because we dont want to use registers which is not mandatory to be maintained.
rgds,
satish
From India, Coimbatore
kindly help me in registers which has to be maintained
nature of the company - engineering design
nature of business - epc & engineering design
right now we are maintaining registers mentioned below
1. attendance registers
2. holiday registers
f3. orm "N" , but we have stopped using it since the last register was over as the sales men from the register shop told usage is been stopped by everyone as per labour rules updated.
i just want know the how do we get updates reg what are the registers to be maintained.
because we dont want to use registers which is not mandatory to be maintained.
rgds,
satish
From India, Coimbatore
Dear Mr.Harikrishnan,
kindly help me in registers which has to be maintained
nature of the company - engineering design
nature of business - epc & engineering design
right now we are maintaining registers mentioned below
1. attendance registers
2. holiday registers
3. form "N" register , but we have stopped using it since the last register was over as the sales men from the register shop told usage is been stopped by everyone as per labour rules updated.
i just want know the how do we get updates reg what are the registers to be maintained.
because we dont want to use registers which is not mandatory to be maintained.
rgds,
satish
From India, Coimbatore
kindly help me in registers which has to be maintained
nature of the company - engineering design
nature of business - epc & engineering design
right now we are maintaining registers mentioned below
1. attendance registers
2. holiday registers
3. form "N" register , but we have stopped using it since the last register was over as the sales men from the register shop told usage is been stopped by everyone as per labour rules updated.
i just want know the how do we get updates reg what are the registers to be maintained.
because we dont want to use registers which is not mandatory to be maintained.
rgds,
satish
From India, Coimbatore
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