Dear Professionals,
Greetings of the day.
Employee designations are either Team Leader, Assistant Manager, or Manager. Do these individuals come under the purview of the union? They are supervisors based on their designations and are not classified as workers.
Could you please advise on which designations fall under the trade union? Additionally, what is the procedure to respond to the CHARTER OF DEMANDS letter received from the labor union?
Thank you.
From India, Bangalore
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Greetings of the day.
Employee designations are either Team Leader, Assistant Manager, or Manager. Do these individuals come under the purview of the union? They are supervisors based on their designations and are not classified as workers.
Could you please advise on which designations fall under the trade union? Additionally, what is the procedure to respond to the CHARTER OF DEMANDS letter received from the labor union?
Thank you.
From India, Bangalore
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Workmen' under Trade Union Act, means ‘ all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises’.
The Industrial Disputes Act, 1947 extended to the whole of India and regulated Indian labour law so far as that concerns trade unions as well as Individual workman employed in any Industry within the territory of Indian mainland. The same is replaced by the Industrial Relations Code, 2020.
THE INDUSTRIAL RELATIONS CODE, 2020 NO. 35 OF 2020 [28th September, 2020.], is an Act to consolidate and amend the laws relating to Trade Unions, conditions of employment in industrial establishment or undertaking, investigation and settlement of industrial disputes and for matters connected therewith or incidental thereto.
In definition (l) "employee" means any person (other than an apprentice engaged under the Apprentices Act, 1961) employed by an industrial establishment to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and also includes a person declared to be an employee by the appropriate Government, but does not include any member of the Armed Forces of the Union;
Whether the particular Supervisor / Manager, performing such functions are workmen or not under the definition of the workmen under ID Act to be determined / decided on the basis of facts as supported by required evidence.
You may also refer to this cite discussion > https://www.citehr.com/633488-only-w...e-workmen.html
From India, Madras
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320The Industrial Disputes Act, 1947 extended to the whole of India and regulated Indian labour law so far as that concerns trade unions as well as Individual workman employed in any Industry within the territory of Indian mainland. The same is replaced by the Industrial Relations Code, 2020.
THE INDUSTRIAL RELATIONS CODE, 2020 NO. 35 OF 2020 [28th September, 2020.], is an Act to consolidate and amend the laws relating to Trade Unions, conditions of employment in industrial establishment or undertaking, investigation and settlement of industrial disputes and for matters connected therewith or incidental thereto.
In definition (l) "employee" means any person (other than an apprentice engaged under the Apprentices Act, 1961) employed by an industrial establishment to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and also includes a person declared to be an employee by the appropriate Government, but does not include any member of the Armed Forces of the Union;
Whether the particular Supervisor / Manager, performing such functions are workmen or not under the definition of the workmen under ID Act to be determined / decided on the basis of facts as supported by required evidence.
You may also refer to this cite discussion > https://www.citehr.com/633488-only-w...e-workmen.html
From India, Madras
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