Dear saqi,
Shops and Establishments Act is not the Act for settlement of disputes. It is just like Factories Act (applicable to Factories) and Plantations Labour Act ( for plantations) None of these Act deal with how to settle a dispute between employees or employer and employee. The basic Act which deals with machinery for settlement of disputes and matters connected with termination, lay off, closure of undertaking etc is the Industrial Disputes Act. If there is any dispute relating to employment, then definitely the ID Act is to be referred to and settlement is to be made by way of any machinery, viz, Conciliation Officer, Boar of Conciliations, Court of Enquiry, Labour Court, Tribunals etc. IT has not gained any previlage over the other industries. In IT sector also labour/ human resourse is involved and hence there is no scope of exempting the IT firms from the operation of ID Act. Yes, the employees of IT firms drawing huge amounts as 'salary' will not get any support of the ID Act since the latter is meant for providing job security to working class.
Regards,
Madhu.T.K
From India, Kannur
4240Shops and Establishments Act is not the Act for settlement of disputes. It is just like Factories Act (applicable to Factories) and Plantations Labour Act ( for plantations) None of these Act deal with how to settle a dispute between employees or employer and employee. The basic Act which deals with machinery for settlement of disputes and matters connected with termination, lay off, closure of undertaking etc is the Industrial Disputes Act. If there is any dispute relating to employment, then definitely the ID Act is to be referred to and settlement is to be made by way of any machinery, viz, Conciliation Officer, Boar of Conciliations, Court of Enquiry, Labour Court, Tribunals etc. IT has not gained any previlage over the other industries. In IT sector also labour/ human resourse is involved and hence there is no scope of exempting the IT firms from the operation of ID Act. Yes, the employees of IT firms drawing huge amounts as 'salary' will not get any support of the ID Act since the latter is meant for providing job security to working class.
Regards,
Madhu.T.K
From India, Kannur
Dear Madhu
Good points.. but i have the following doubts too
1) Does the work of a software employee (keeping aside the fact that they earn above 6.5k per month) is inline with the definition of a workman ? ( Sn 2 of IDA)
2) Software parks are generally set up in EPZs previously or now in SEZs, which are generally exempt from labour laws..
so how do we say that IDA is still applicable to software employees...
please throw some light on this.
Thanks
Saqi
From India, Mumbai
Good points.. but i have the following doubts too
1) Does the work of a software employee (keeping aside the fact that they earn above 6.5k per month) is inline with the definition of a workman ? ( Sn 2 of IDA)
2) Software parks are generally set up in EPZs previously or now in SEZs, which are generally exempt from labour laws..
so how do we say that IDA is still applicable to software employees...
please throw some light on this.
Thanks
Saqi
From India, Mumbai
There may be exemption given with specific conditions but the exemption given under any law shall not be taken as a weapon against working class. Even there was a move to amend the ID Act to enable the employers to close down the undertakings without any permission from the government. At present all companies employing not less than 100 workers should get prior permission from the government to close down the company or to retrench the employees (Chapter V B of the ID Act) The same was expected to be amended as companies employing more than 1000 employees only need to get permission. However, due to left parties intervention, the bill could not be moved further. Similarly, government, through notification, announce certain exemptions just to promote and encourage companies to come up. These exemptions are to encourage economy and not to allow any body to drain India's capital/ wealth. ESI, for example, is applicable to companies in certain covered areas and those set up in certain areas notified as exempted the Act is not applicable. But this exemption is only for a limited period. By another notification that area could also be covered by the Act.
In the case of EPZs/ SEZs also if any exemption is grated, the same can be withdrawn. Moreover, any exemption granted shall be taken in its good spirit and not to deter any legal right of any citizen of India.
Regards,
Madhu.T.K
From India, Kannur
In the case of EPZs/ SEZs also if any exemption is grated, the same can be withdrawn. Moreover, any exemption granted shall be taken in its good spirit and not to deter any legal right of any citizen of India.
Regards,
Madhu.T.K
From India, Kannur
Dear Mr. Arun, Very informative stuff, as being in IR, this would help us to quote the definations with reference to cases mentioned. Thanks ! Regards, Atul
From Indonesia
From Indonesia
Dear Mr. Saqi, Is there any notification for exemption of various labour laws in SEZ’s area ? I have not come across any such provisions. Regards, Atul
From Indonesia
From Indonesia
Hello everybody This is lopa. I am looking for recent I.D Cases, so that i can discuss that in my D.L.L class if any one of you can help me out i will be grateful. Waiting for positive response.
From India, Mumbai
From India, Mumbai
Dear Shri Bharat,
It is true that the definition of "Industry" under I. D.Act1947 was
amended in 1982.But to bring that amendment in force notification
by govt. was required to specify the date from which amendment shall come in force..However no govt. has issued that notification.That may be due to political reasons.Therefore earlier definition holds good
and hospitals,educational institutes,cheritable trusts etc. are still
industries under I.D. Act.
From India, Pune
It is true that the definition of "Industry" under I. D.Act1947 was
amended in 1982.But to bring that amendment in force notification
by govt. was required to specify the date from which amendment shall come in force..However no govt. has issued that notification.That may be due to political reasons.Therefore earlier definition holds good
and hospitals,educational institutes,cheritable trusts etc. are still
industries under I.D. Act.
From India, Pune
ur articles are vey informative for ppl like me...
i want know abt following..
1. conditions of employment, salary, wage policy, working hours, safety, in repect to Hospital establishments[/B] are given in which act???? i request u to send me relative informations...
From India, Delhi
i want know abt following..
1. conditions of employment, salary, wage policy, working hours, safety, in repect to Hospital establishments[/B] are given in which act???? i request u to send me relative informations...
From India, Delhi
Dear Mr Mishra
You said supervisor drawing above Rs 1600 is excluded from the definition of workman. I think this wage ceiling is now higher. Can you please advise what is the wage ceing for supervisors to be workman and which is year was the amendment.
From India, Coimbatore
You said supervisor drawing above Rs 1600 is excluded from the definition of workman. I think this wage ceiling is now higher. Can you please advise what is the wage ceing for supervisors to be workman and which is year was the amendment.
From India, Coimbatore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Industrial Disputes Amendment Act 2010.doc
Industrial Disputes Act 1947.pdf