I am working as a supervisor on CONTRACT in a public sector. Please give me a clarification, do I come under workman in ID act or not?
From India, Kozhikode
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From India, Kozhikode
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Dear Baiju, I think the very same question phrased by yourself differently in yet another thread got answered by me today.
From India, Salem
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From India, Salem
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Dear Baiju,
As per ID act -"workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed,discharged or retrenched in connection with, or as a consequence of,that dispute, or whose dismissal, dischasrge or retrenchment has led to that dispute,
but does not include any such person—
who, being employed in a Supervisory capacity, draws wages exceeding one thousand Ten thousand rupees per
mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers
vested in him, functions mainly of a managerial nature.
From India, Haldwani
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As per ID act -"workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed,discharged or retrenched in connection with, or as a consequence of,that dispute, or whose dismissal, dischasrge or retrenchment has led to that dispute,
but does not include any such person—
who, being employed in a Supervisory capacity, draws wages exceeding one thousand Ten thousand rupees per
mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers
vested in him, functions mainly of a managerial nature.
From India, Haldwani
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Thanks for the valuable information regarding the ID Act. I have another problem. My friend is working as a Diploma engineer on a contract basis. He has two subordinate electricians, and he earns ₹19,000 per month. Please provide clarification - does he fall under the category of a workman as per the ID Act?
In the first paragraph of the explanation of a workman, it is mentioned that supervisory work for hire or reward will classify one as a workman. In the subsequent part, it is stated that an individual with managerial or supervisory capacity will not be considered a workman. Additionally, a supervisor earning ten thousand rupees will also not be classified as a workman. Can you please clarify this for me?
From India, Kozhikode
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In the first paragraph of the explanation of a workman, it is mentioned that supervisory work for hire or reward will classify one as a workman. In the subsequent part, it is stated that an individual with managerial or supervisory capacity will not be considered a workman. Additionally, a supervisor earning ten thousand rupees will also not be classified as a workman. Can you please clarify this for me?
From India, Kozhikode
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Dear Baiju,
If the man who has managerial or supervisory capacity will not come as a workman if the man is getting a salary > Rs 10,000 per month and has the power to sanction leaves, gate passes, recommend punishments, and conduct appraisals for junior staff. These responsibilities should not just be on paper but should be provable by cogent evidence. In that case, the same man will not be classified under the workmen category.
On the other hand, if a man is receiving a salary of Rs 10,000 per month but has no power to sanction leaves, gate passes, recommend punishments, or conduct appraisals for junior staff, then he will fall under the workmen category.
Thank you.
From India, Haldwani
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If the man who has managerial or supervisory capacity will not come as a workman if the man is getting a salary > Rs 10,000 per month and has the power to sanction leaves, gate passes, recommend punishments, and conduct appraisals for junior staff. These responsibilities should not just be on paper but should be provable by cogent evidence. In that case, the same man will not be classified under the workmen category.
On the other hand, if a man is receiving a salary of Rs 10,000 per month but has no power to sanction leaves, gate passes, recommend punishments, or conduct appraisals for junior staff, then he will fall under the workmen category.
Thank you.
From India, Haldwani
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