Hi Everyone,
Are there any circular/legal documents which clearly show a labour License is not applicable, where all staff is at the managerial Level as well as less than 20 nos.?
If Yes, pls Help out.
From India, Jaipur
Are there any circular/legal documents which clearly show a labour License is not applicable, where all staff is at the managerial Level as well as less than 20 nos.?
If Yes, pls Help out.
From India, Jaipur
What do you mean by Central Labour Licence?
How can you run an establishment with managerial level personnel only?
Who is a manager? Manager means an employee who has managerial authorities not a person with manager as designation. He should be a person who is managing the employee under him. When all the persons are persons managing the employees, who are reporting to them? Therefore, there cannot be any organisation which is run without workers.
If the total number of employees including the managers are less than 20, certain labour laws will not be applicable to it. But some other laws, like Shops and Commercial Establishments Act, payment of Wages Act, Minimum Wages Act, ESI Act, Payment of Gratuity Act, Maternity Benefits Act, etc would be applicable to it. It is immaterial whether the employees (managers) will be covered or not because for coverage of ESI Act, the employee should be getting salary of not more than Rs 21000, but the Act will be on the establishment anyway. A manager leaving the organisation after a continuous service of 5 years should be given gratuity as per the Payment of Gratuity Act. It is payable irrespective of the salary that employee has been getting. A female manager should be given 26 weeks maternity leave. You cannot say that our establishment contains only managers and hence no registration under Shops and Commercial Establishment Act shall be taken. You cannot pay salary to the manager after 7 days of wages period. You cannot pay salary which is less than the notified minimum wages.
From India, Kannur
4243How can you run an establishment with managerial level personnel only?
Who is a manager? Manager means an employee who has managerial authorities not a person with manager as designation. He should be a person who is managing the employee under him. When all the persons are persons managing the employees, who are reporting to them? Therefore, there cannot be any organisation which is run without workers.
If the total number of employees including the managers are less than 20, certain labour laws will not be applicable to it. But some other laws, like Shops and Commercial Establishments Act, payment of Wages Act, Minimum Wages Act, ESI Act, Payment of Gratuity Act, Maternity Benefits Act, etc would be applicable to it. It is immaterial whether the employees (managers) will be covered or not because for coverage of ESI Act, the employee should be getting salary of not more than Rs 21000, but the Act will be on the establishment anyway. A manager leaving the organisation after a continuous service of 5 years should be given gratuity as per the Payment of Gratuity Act. It is payable irrespective of the salary that employee has been getting. A female manager should be given 26 weeks maternity leave. You cannot say that our establishment contains only managers and hence no registration under Shops and Commercial Establishment Act shall be taken. You cannot pay salary to the manager after 7 days of wages period. You cannot pay salary which is less than the notified minimum wages.
From India, Kannur
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Notification No G.S.R. 1128(E) Contract Labour (Regulation and Abolition) Central Amendment .pdf
Contract Labour (Regln & Abolition) Central Rules 1971.doc