I studied various articles/content available online on Standing Orders but could not get clarity on the definition of workmen. Could any of you guide me who is qualified as a workman when drafting Standing Orders for an organization. I am asking this question in relevance to IT/ITES industry. Request your suggestions please.
From India, Attapur
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5From India, Attapur
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Dear Manisha,
As per clause (i) of section 2 of the IE(SO) Act, 1946, the term "workman" has the meaning assigned under section 2(s) of the ID Act, 1947. Better, you could have explained your difficulty in understanding the meaning of the term in relevance to the IT/ITES industry.
From India, Salem
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As per clause (i) of section 2 of the IE(SO) Act, 1946, the term "workman" has the meaning assigned under section 2(s) of the ID Act, 1947. Better, you could have explained your difficulty in understanding the meaning of the term in relevance to the IT/ITES industry.
From India, Salem
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Manish Ji,
Regarding Standing Orders, their content and sections may vary from state to state rules, but the punishment for severe acts shall be the same. You may read about these in the ID Act of 1948, which may help you.
Regards,
Dhiraj
From India, Bhadohi
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Regarding Standing Orders, their content and sections may vary from state to state rules, but the punishment for severe acts shall be the same. You may read about these in the ID Act of 1948, which may help you.
Regards,
Dhiraj
From India, Bhadohi
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(Fact Check Failed/Partial)-The user reply contains some inaccuracies. The Industrial Disputes Act, 1947, not 1948, covers Standing Orders, not the Indian ID Act. The definition of workmen in Standing Orders pertains to employees in the industrial and commercial sectors. It does not differ based on state rules. Punishments can vary. For the IT/ITES industry, workmen would include employees involved in manual, clerical, technical, operational, and supervisory work but not managerial or administrative roles.
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Dear Manisha,
As Shri Umakantji has mentioned, perhaps you want to understand who all will fall in the definition of a workman for your industry. The definition of a workman under the ID Act has provided certain tests/attributes, both inclusive and exclusive. Inclusion is about the type of work/activity, i.e., manual, skilled, unskilled, clerical, technical, or operational work. It includes a person who predominantly carries out administrative or managerial work and the person who is in a supervisory capacity and draws wages more than Rs. 10,000.
So, the test is as follows:
1) Do they carry out any one of the inclusion jobs? If yes, put them into the second filter.
2) Do they carry out an administrative or managerial role predominantly? If yes, they are not a workman. If no, he is a workman.
3) For a person purely in a supervisor's role, his wages will be the decisive factor.
Regards,
Shailesh Parikh
99 98 97 10 65
From India, Mumbai
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As Shri Umakantji has mentioned, perhaps you want to understand who all will fall in the definition of a workman for your industry. The definition of a workman under the ID Act has provided certain tests/attributes, both inclusive and exclusive. Inclusion is about the type of work/activity, i.e., manual, skilled, unskilled, clerical, technical, or operational work. It includes a person who predominantly carries out administrative or managerial work and the person who is in a supervisory capacity and draws wages more than Rs. 10,000.
So, the test is as follows:
1) Do they carry out any one of the inclusion jobs? If yes, put them into the second filter.
2) Do they carry out an administrative or managerial role predominantly? If yes, they are not a workman. If no, he is a workman.
3) For a person purely in a supervisor's role, his wages will be the decisive factor.
Regards,
Shailesh Parikh
99 98 97 10 65
From India, Mumbai
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(Fact Check Failed/Partial)-The user's reply is incorrect. As per the Industrial Disputes Act, the definition of 'workman' specifically excludes persons in managerial or supervisory roles, irrespective of their wages. This means individuals predominantly carrying out administrative or managerial work or in a supervisory capacity are not considered workmen. Additionally, there is no set wage limit of Rs. 10,000 for determining workman status.
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Manisha,
In India, IT/ITES has not yet been declared either as an "industry" or a "factory" though it's understood some sort of 'production' activity is being carried out. Till such time govt. comes out with an exclusive act to govern these entities this business is classified under 'Shops & Commercial Estt.Act' of the respective states. Therefore it should be appropriate to refer to SCEAct for all purposes. However, w.r.t. to your query on Standing Orders, the definition of a 'workman' under SO Act is here under -
Industrial Employment (Standing Orders)Act, 1946
[Act No. 20 of 1946, As Amended by Acts Nos. 3 of 1951, 36 of 1956,16 of 1961, 39 or 19632 , 51 of 1970 and 18 of 1982 [23rd April, 1946].
2. Interpretation.- In this Act, unless there is anything repugnant in the subject or
context[(a) “appellate authority” means....
xxxxxx
(d) “employer” means the owner of an industrial establishment to which this Act for
the time being applies, and includes-
(i) in a factory, any person named under 14[clause (f) of sub-section (1) of Section
7 of the Factories Act,1948], as manager of the factory;
(ii) in any industrial establishment under the control of any department of any
Government in India, the authority appointed by such Government in this
behalf, or where no authority is so appointed, the head of the department;
(iii) in any other industrial establishment, any person responsible to the owner for
the supervision and control of the industrial establishment;
(e) “industrial establishment” means
(i) an industrial establishment as defined in clause (ii) of Section 2 of the
Payment of Wages Act, 1936, or
15[(ii) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or ]
(iii) a railway as defined in clause (4) of Section 2 of the Indian Railway Act,
1890, or
(iv) the establishment of a person who, for the purpose of fulfilling a contract with
the owner of any industrial establishment, employs workmen;
(f) “prescribed’ means prescribed by rules made by the appropriate Government
under this Act ;
(g) “ standing orders” means rules relating to matters set out in the Schedule:
(h) “trade union” means a trade union for the time being registered under the Indian
Trade Union Act, 1926;
16[(i) “wages” and “workman” have the meanings respectively assigned to them in
clauses (rr) and (s) of Section 2 of the Industrial Disputes Act, 1947 (14 of 1947).]
From India, Bangalore
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In India, IT/ITES has not yet been declared either as an "industry" or a "factory" though it's understood some sort of 'production' activity is being carried out. Till such time govt. comes out with an exclusive act to govern these entities this business is classified under 'Shops & Commercial Estt.Act' of the respective states. Therefore it should be appropriate to refer to SCEAct for all purposes. However, w.r.t. to your query on Standing Orders, the definition of a 'workman' under SO Act is here under -
Industrial Employment (Standing Orders)Act, 1946
[Act No. 20 of 1946, As Amended by Acts Nos. 3 of 1951, 36 of 1956,16 of 1961, 39 or 19632 , 51 of 1970 and 18 of 1982 [23rd April, 1946].
2. Interpretation.- In this Act, unless there is anything repugnant in the subject or
context[(a) “appellate authority” means....
xxxxxx
(d) “employer” means the owner of an industrial establishment to which this Act for
the time being applies, and includes-
(i) in a factory, any person named under 14[clause (f) of sub-section (1) of Section
7 of the Factories Act,1948], as manager of the factory;
(ii) in any industrial establishment under the control of any department of any
Government in India, the authority appointed by such Government in this
behalf, or where no authority is so appointed, the head of the department;
(iii) in any other industrial establishment, any person responsible to the owner for
the supervision and control of the industrial establishment;
(e) “industrial establishment” means
(i) an industrial establishment as defined in clause (ii) of Section 2 of the
Payment of Wages Act, 1936, or
15[(ii) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or ]
(iii) a railway as defined in clause (4) of Section 2 of the Indian Railway Act,
1890, or
(iv) the establishment of a person who, for the purpose of fulfilling a contract with
the owner of any industrial establishment, employs workmen;
(f) “prescribed’ means prescribed by rules made by the appropriate Government
under this Act ;
(g) “ standing orders” means rules relating to matters set out in the Schedule:
(h) “trade union” means a trade union for the time being registered under the Indian
Trade Union Act, 1926;
16[(i) “wages” and “workman” have the meanings respectively assigned to them in
clauses (rr) and (s) of Section 2 of the Industrial Disputes Act, 1947 (14 of 1947).]
From India, Bangalore
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(Fact Checked)-The definition of 'workmen' under the Industrial Employment (Standing Orders) Act, 1946 is accurate for drafting Standing Orders in India, including for the IT/ITES industry. (1 Acknowledge point)
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Thank you very much, all, for your inputs. These are very helpful. In terms of IT/ITES specifically, I want to understand if the managers/team leaders/team managers are also workmen. Also, a Vice President reporting to the CEO, is he also a workman as I understand wherever there is a supervisor-subordinate relationship, this should be considered as workman. Also, if the employees working in HR and other supportive functions like Finance, Facilities, Admin also regarded as workmen? If you can please guide me in the context of IT/ITES, that will be of great help as I see predominantly the labor laws relevant to the manufacturing setup.
Thank you.
Warm Regards,
Manisha
From India, Attapur
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Thank you.
Warm Regards,
Manisha
From India, Attapur
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(Fact Check Failed/Partial)-In the context of Standing Orders, the classification of "workmen" does not typically include managers, team leaders, VPs, or employees in HR, Finance, Facilities, or Admin roles. Workmen are usually non-supervisory employees. This classification is crucial for drafting relevant policies.
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Dear Manisha,
In fact, your doubt is genuine, and such a doubt crossing one's mind is inevitable to be sure about the authenticity of the term "workman" for the purpose of standing orders as the same person has to be a "workman" as defined u/s 2(s) of the Industrial Disputes Act, 1947, and a "person employed" as defined almost in all the State Shops and Establishments Acts as well. Similar is the case of a "worker" as defined u/s 2(l) of the Factories Act, 1948. The practical meaning of the term varies according to the purpose or object of the legislation in which it occurs.
Unambiguous and precise description of the uniform conditions of service of the employees falling under the workman category by the industrial employer in consultation with them and getting it certified by the officer appointed for the purpose is the objective of the IE(SO) Act, 1946. Hence, the IE(SO) Act, 1946, simply adopts the definition of the term workman u/s 2(s) of the ID Act 1947 by reference. As of now, certainly the definition is different from that of the Shops and Establishments Acts in as much as the latter insists on the principal and wholesome nature of employment of the person employed therein but for those specifically excluded.
However, it is pertinent to note that the proposed Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016, by the Central Government removes this hurdle of interpretation by keeping the definition of the term "worker" u/s 2(j) simply analogous to that of the ID Act while putting the exempted persons exhaustively u/s 3(1) of the Bill.
Therefore, the persons employed in your IT/ITES industry in the gray areas of hierarchy automatically go out of the ambit of the term workman used in the Standing Orders Act, 1946.
From India, Salem
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In fact, your doubt is genuine, and such a doubt crossing one's mind is inevitable to be sure about the authenticity of the term "workman" for the purpose of standing orders as the same person has to be a "workman" as defined u/s 2(s) of the Industrial Disputes Act, 1947, and a "person employed" as defined almost in all the State Shops and Establishments Acts as well. Similar is the case of a "worker" as defined u/s 2(l) of the Factories Act, 1948. The practical meaning of the term varies according to the purpose or object of the legislation in which it occurs.
Unambiguous and precise description of the uniform conditions of service of the employees falling under the workman category by the industrial employer in consultation with them and getting it certified by the officer appointed for the purpose is the objective of the IE(SO) Act, 1946. Hence, the IE(SO) Act, 1946, simply adopts the definition of the term workman u/s 2(s) of the ID Act 1947 by reference. As of now, certainly the definition is different from that of the Shops and Establishments Acts in as much as the latter insists on the principal and wholesome nature of employment of the person employed therein but for those specifically excluded.
However, it is pertinent to note that the proposed Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016, by the Central Government removes this hurdle of interpretation by keeping the definition of the term "worker" u/s 2(j) simply analogous to that of the ID Act while putting the exempted persons exhaustively u/s 3(1) of the Bill.
Therefore, the persons employed in your IT/ITES industry in the gray areas of hierarchy automatically go out of the ambit of the term workman used in the Standing Orders Act, 1946.
From India, Salem
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(Fact Checked)-The information provided in the user reply is accurate and provides a detailed explanation of the term "workman" in the context of standing orders and relevant acts such as the Industrial Disputes Act, 1947, Factories Act, 1948, and Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016. The explanation aligns with the legal definitions and requirements for drafting standing orders. (1 Acknowledge point)
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This my post based squarely on the Shops & Commercial Estt.Act of any state which are with some modifications to be applied to IT/ITES sector in the respective state (till such time something else is made applicable to this sector)- The following extract gives therefore, the definition of an Establishment, Employer & Employee which encompasses all involved (subject to exemptions) in any estt.,
"THE 1 [KARNATAKA]1 SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961.
An Act to provide for the regulation of conditions of work and employment in shops and commercial establishments.
WHEREAS it is expedient to provide for the regulation of conditions of work and employment in shops and commercial establishments and other incidental matters;
BE it enacted by the 1 [Karnataka State]1 Legislature in the Twelfth Year of the Republic of India as follows:— 1. Adopted by the Karnataka adaptations of laws order 1973 w.e.f. 1.11.1973
CHAPTER I
PRELIMINARY 1. Short title, extent, commencement and application.— (1)
2. Definitions.—In this Act, unless the context otherwise requires,— (a) “adult” means a person who has completed his eighteenth year; (b) “apprentice” means a person aged not less than 1 [fourteen years]1 ,
xxxx
(e) “commercial establishment” means a commercial or trading or banking or insurance establishment, an establishment or administrative service in which persons employed are mainly engaged in office work, a hotel, restaurant, boarding or eating house, a cafe or any other refreshment house, a theatre or any other place of public amusement or entertainment and includes such establishments as the State Government may by notification declare to be a commercial establishment for the purposes of this Act;
xxxx
(g) “employee” means a person wholly or principally employed in or in connection with, any establishment whether working on permanent, periodical, contract or piece-rate wages, or on commission basis, even though he receives no reward for his labour and includes an apprentice, any clerical or other member of the staff of a factory or industrial establishment who falls outside the scope of the Factories Act, 1948, but does not include a member of the employer’s family; and “employed” shall be construed accordingly;
(h) “employer” means a person having charge of or owning or having ultimate control over the affairs of an establishment and includes members of the family of an employer, a manager, agent or other person acting in the general management or control of an establishment;
(i) “establishment” means a shop or a commercial establishment;
(u) “shop” means any premises where any trade or business is carried
on or where services are rendered to customers, and includes offices,
storerooms, godowns, or warehouses, whether in the same premises or
otherwise, used in connection with such trade or business, but does not
include a commercial establishment or a shop attached to a factory where
the persons employed in the shop fall within the scope of the Factories Act,
1948;
xxxx
Going by the above definitions and other provisions of the Act(s), I feel many of the provisions of SO of units wherever the act is applicable can be taken care of the S&CE Act itself and there won't any compulsion on the part of estts. covered under this Act to tag either SO Act of ID Act which suo-moto are not applicable to IT/ITES sector.
From India, Bangalore
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"THE 1 [KARNATAKA]1 SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961.
An Act to provide for the regulation of conditions of work and employment in shops and commercial establishments.
WHEREAS it is expedient to provide for the regulation of conditions of work and employment in shops and commercial establishments and other incidental matters;
BE it enacted by the 1 [Karnataka State]1 Legislature in the Twelfth Year of the Republic of India as follows:— 1. Adopted by the Karnataka adaptations of laws order 1973 w.e.f. 1.11.1973
CHAPTER I
PRELIMINARY 1. Short title, extent, commencement and application.— (1)
2. Definitions.—In this Act, unless the context otherwise requires,— (a) “adult” means a person who has completed his eighteenth year; (b) “apprentice” means a person aged not less than 1 [fourteen years]1 ,
xxxx
(e) “commercial establishment” means a commercial or trading or banking or insurance establishment, an establishment or administrative service in which persons employed are mainly engaged in office work, a hotel, restaurant, boarding or eating house, a cafe or any other refreshment house, a theatre or any other place of public amusement or entertainment and includes such establishments as the State Government may by notification declare to be a commercial establishment for the purposes of this Act;
xxxx
(g) “employee” means a person wholly or principally employed in or in connection with, any establishment whether working on permanent, periodical, contract or piece-rate wages, or on commission basis, even though he receives no reward for his labour and includes an apprentice, any clerical or other member of the staff of a factory or industrial establishment who falls outside the scope of the Factories Act, 1948, but does not include a member of the employer’s family; and “employed” shall be construed accordingly;
(h) “employer” means a person having charge of or owning or having ultimate control over the affairs of an establishment and includes members of the family of an employer, a manager, agent or other person acting in the general management or control of an establishment;
(i) “establishment” means a shop or a commercial establishment;
(u) “shop” means any premises where any trade or business is carried
on or where services are rendered to customers, and includes offices,
storerooms, godowns, or warehouses, whether in the same premises or
otherwise, used in connection with such trade or business, but does not
include a commercial establishment or a shop attached to a factory where
the persons employed in the shop fall within the scope of the Factories Act,
1948;
xxxx
Going by the above definitions and other provisions of the Act(s), I feel many of the provisions of SO of units wherever the act is applicable can be taken care of the S&CE Act itself and there won't any compulsion on the part of estts. covered under this Act to tag either SO Act of ID Act which suo-moto are not applicable to IT/ITES sector.
From India, Bangalore
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(Fact Check Failed/Partial)-The user's reply provides relevant information from the Karnataka Shops and Commercial Establishments Act, 1961, defining establishments, employers, and employees. However, for a comprehensive understanding of the definition of workmen for drafting Standing Orders, additional details specific to the IT/ITES industry are needed. It's essential to consider the Industrial Employment (Standing Orders) Act, 1946, for clarity on defining workmen.
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Thank you very much for the advice and the references provided. These are indeed helpful. Warm Regards, Manisha
From India, Attapur
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From India, Attapur
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(Fact Checked)-Thank you for sharing your input. It's great to see your engagement. Keep up the good work! (1 Acknowledge point)
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Hi Manisha, I guess, your place Attapur is near Hyderabad and hence AP Shops & Commercial Estt.Act likely to be applicable. A copy of the same is attached for your ready ref.
From India, Bangalore
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From India, Bangalore
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(Fact Check Failed/Partial)-The mention of the AP Shops & Commercial Estt. Act in relation to defining "workmen" for drafting Standing Orders in the IT/ITES industry is not directly relevant. The definition of workmen for Standing Orders is typically based on the Industrial Employment (Standing Orders) Act, 1946. Consider referencing relevant labor laws for a more accurate response.
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(Fact Checked)-The user's reply is correct. (1 Acknowledge point)