I was working with MNC as an Area business manager and handling 5 employees and having daily field work, but last 4 month I was working in the field and meeting customer door to door and generating sales and reporting the same to the business manager, it was purely leg work and no team was with me. Suddenly without any intimation company terminated me.
Can I be termed as a workman to file the case in labour court?
Kindly suggest me
From India, New Delhi
Can I be termed as a workman to file the case in labour court?
Kindly suggest me
From India, New Delhi
If you do not have any reportees under you, you can come under the scope of workman under the Industrial Disputes Act. But you had some five employees under you a short while ago. In the records, there is a possibility that that status quo is still remaining. If so, the management will challenge your compliant saying that you are not a workman. But if you are in to pharma sales or some other industries added in 2011 to the scope of Sales Promotion Employees (Conditions of Service) Act, 1976, then you can get protection of that Act. The following are the other industries added:
1. Cosmetics, soaps, household cleaners and disinfectants
2. Readymade garments
3. Soft drink manufacturing industries
4. Biscuits and confectioneries
5. Ayurvedic, Unani and Homeopathic Medicines
6. Automobiles including accessories and spare parts
7. Surgical equipments, artificial prosthesis and diagnostics
8. Electronics, computers including accessories and spares
9. Electrical appliances
10. Paints and varnishes
Please confirm if you had supervisory role or if you come under the above industries including pharma sales.
From India, Kannur
42481. Cosmetics, soaps, household cleaners and disinfectants
2. Readymade garments
3. Soft drink manufacturing industries
4. Biscuits and confectioneries
5. Ayurvedic, Unani and Homeopathic Medicines
6. Automobiles including accessories and spare parts
7. Surgical equipments, artificial prosthesis and diagnostics
8. Electronics, computers including accessories and spares
9. Electrical appliances
10. Paints and varnishes
Please confirm if you had supervisory role or if you come under the above industries including pharma sales.
From India, Kannur
Hi Pradeep
To be termed yourself as a workmen or not, you need to review following situation:-
Whether you were having any administrative or Supervisory powers during your employment i.e. Approval of any Cash payments, sanction of leave of your juniors, approval of new appointment etc. If the answer is yes then you cannot be termed yourself as a workmen and won't be eligible for any relief from Hon'ble Labor Court.
Though mere designating someone as Manager doesn't mean he/she can't be a workmen unless and until proven the person have administrative or supervisory powers.
From India
To be termed yourself as a workmen or not, you need to review following situation:-
Whether you were having any administrative or Supervisory powers during your employment i.e. Approval of any Cash payments, sanction of leave of your juniors, approval of new appointment etc. If the answer is yes then you cannot be termed yourself as a workmen and won't be eligible for any relief from Hon'ble Labor Court.
Though mere designating someone as Manager doesn't mean he/she can't be a workmen unless and until proven the person have administrative or supervisory powers.
From India
All the above elite members have given their opinion.
Whether you are a workman or not is a subject to decide by the court of law. In my view consult a labour lawyer and file the case in labour office for a conciliation.
From India, Mumbai
Whether you are a workman or not is a subject to decide by the court of law. In my view consult a labour lawyer and file the case in labour office for a conciliation.
From India, Mumbai
Hi Pradeep,
Title: Understanding Employment Classification and Labour Rights in the Corporate Sector
In the realm of corporate employment, the classification of workers holds significant importance in determining their rights and protections under labour laws. The case of an individual serving as an Area Business Manager in a multinational corporation, overseeing a team of five employees, and engaging in daily fieldwork, raises questions about the individual's employment status and potential entitlement to legal recourse following sudden termination by the company.
The scenario described involves the individual actively engaging in sales generation through direct customer interactions and reporting to a superior without the presence of a team. This solitary nature of work, characterized by extensive fieldwork and independent responsibilities, may prompt the individual to question their classification as a "workman" under labour laws.
In this context, it is essential to understand the distinction between employees categorized as "workmen" and those outside this classification. The term "workman" typically refers to individuals engaged in manual or clerical work, as defined under various labour legislation. While the individual in question held a managerial position and supervised a team, the nature of their duties—primarily involving fieldwork and direct customer engagement—may warrant a closer examination of their employment status.
The sudden termination without prior intimation raises concerns regarding procedural fairness and adherence to labour laws governing termination practices. In the event of a dispute over the termination and the individual's classification as a workman, the option to file a case in the labor court may be considered to seek redress and assert one's rights.
However, the determination of whether the individual qualifies as a workman and the subsequent eligibility to file a case in the labor court would depend on various factors, including the specific provisions of labor laws applicable in the jurisdiction, the nature of the individual's duties, and the overall context of their employment relationship with the company.
It is advisable for the individual to seek legal counsel or consult with relevant labor authorities to assess their employment status, rights, and potential avenues for seeking recourse in the event of unjust termination. Understanding one's rights as an employee, regardless of classification, and being aware of the legal mechanisms available for addressing employment disputes is crucial in upholding fair labor practices and safeguarding individual interests in the corporate sector.
Thanks
From India, Bangalore
Title: Understanding Employment Classification and Labour Rights in the Corporate Sector
In the realm of corporate employment, the classification of workers holds significant importance in determining their rights and protections under labour laws. The case of an individual serving as an Area Business Manager in a multinational corporation, overseeing a team of five employees, and engaging in daily fieldwork, raises questions about the individual's employment status and potential entitlement to legal recourse following sudden termination by the company.
The scenario described involves the individual actively engaging in sales generation through direct customer interactions and reporting to a superior without the presence of a team. This solitary nature of work, characterized by extensive fieldwork and independent responsibilities, may prompt the individual to question their classification as a "workman" under labour laws.
In this context, it is essential to understand the distinction between employees categorized as "workmen" and those outside this classification. The term "workman" typically refers to individuals engaged in manual or clerical work, as defined under various labour legislation. While the individual in question held a managerial position and supervised a team, the nature of their duties—primarily involving fieldwork and direct customer engagement—may warrant a closer examination of their employment status.
The sudden termination without prior intimation raises concerns regarding procedural fairness and adherence to labour laws governing termination practices. In the event of a dispute over the termination and the individual's classification as a workman, the option to file a case in the labor court may be considered to seek redress and assert one's rights.
However, the determination of whether the individual qualifies as a workman and the subsequent eligibility to file a case in the labor court would depend on various factors, including the specific provisions of labor laws applicable in the jurisdiction, the nature of the individual's duties, and the overall context of their employment relationship with the company.
It is advisable for the individual to seek legal counsel or consult with relevant labor authorities to assess their employment status, rights, and potential avenues for seeking recourse in the event of unjust termination. Understanding one's rights as an employee, regardless of classification, and being aware of the legal mechanisms available for addressing employment disputes is crucial in upholding fair labor practices and safeguarding individual interests in the corporate sector.
Thanks
From India, Bangalore
Refer to the following judgment of the Madras High Court. Ashok Leyland Limited vs A. Vijayakumar And Anr. on 2 December 1980 T Sivasankaran
From India, Chennai
From India, Chennai
Hi Pradeep,
Under Indian labour laws, whether an individual is considered a 'workman' depends on their role and duties. The Industrial Disputes Act, 1947 defines a workman as someone employed in any industry to do manual, unskilled, skilled, technical, operational, clerical, or supervisory work. However, it excludes those employed mainly in managerial or administrative capacity, or those employed in a supervisory capacity drawing salary exceeding the specified limit. Given your role as an Area Business Manager, if your primary duties were managerial, supervisory, and not of manual work, you might not qualify as a 'workman'.
However, If your employment was terminated without adherence to the notice period as stipulated in your employment contract, you may have grounds to seek relief for this breach of contract.
From India, Mumbai
Under Indian labour laws, whether an individual is considered a 'workman' depends on their role and duties. The Industrial Disputes Act, 1947 defines a workman as someone employed in any industry to do manual, unskilled, skilled, technical, operational, clerical, or supervisory work. However, it excludes those employed mainly in managerial or administrative capacity, or those employed in a supervisory capacity drawing salary exceeding the specified limit. Given your role as an Area Business Manager, if your primary duties were managerial, supervisory, and not of manual work, you might not qualify as a 'workman'.
However, If your employment was terminated without adherence to the notice period as stipulated in your employment contract, you may have grounds to seek relief for this breach of contract.
From India, Mumbai
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