I was working with an MNC as an Area Business Manager, handling five employees and engaging in daily fieldwork. However, for the past four months, I have been working in the field, meeting customers door-to-door, generating sales, and reporting the same to the Business Manager. It involved purely legwork, and I had no team with me. Suddenly, without any prior notice, the company terminated my employment.
Can I be considered a workman to file a case in the labor court? Kindly advise me on this matter.
From India, New Delhi
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Can I be considered a workman to file a case in the labor court? Kindly advise me on this matter.
From India, New Delhi
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If you do not have any reportees under you, you can come under the scope of workman under the Industrial Disputes Act. But you had some five employees under you a short while ago. In the records, there is a possibility that that status quo is still remaining. If so, the management will challenge your complaint saying that you are not a workman. But if you are in pharma sales or some other industries added in 2011 to the scope of Sales Promotion Employees (Conditions of Service) Act, 1976, then you can get protection of that Act. The following are the other industries added:
1. Cosmetics, soaps, household cleaners, and disinfectants
2. Readymade garments
3. Soft drink manufacturing industries
4. Biscuits and confectioneries
5. Ayurvedic, Unani, and Homeopathic Medicines
6. Automobiles including accessories and spare parts
7. Surgical equipment, artificial prosthesis, and diagnostics
8. Electronics, computers including accessories and spares
9. Electrical appliances
10. Paints and varnishes
Please confirm if you had a supervisory role or if you come under the above industries including pharma sales.
From India, Kannur
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47651. Cosmetics, soaps, household cleaners, and disinfectants
2. Readymade garments
3. Soft drink manufacturing industries
4. Biscuits and confectioneries
5. Ayurvedic, Unani, and Homeopathic Medicines
6. Automobiles including accessories and spare parts
7. Surgical equipment, artificial prosthesis, and diagnostics
8. Electronics, computers including accessories and spares
9. Electrical appliances
10. Paints and varnishes
Please confirm if you had a supervisory role or if you come under the above industries including pharma sales.
From India, Kannur
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Hi Pradeep,
To determine whether you can be classified as a workman or not, you need to review the following situations:
Whether you had any administrative or supervisory powers during your employment, such as approving cash payments, sanctioning leave for your juniors, or approving new appointments. If the answer is yes, then you cannot classify yourself as a workman and will not be eligible for any relief from the Honorable Labor Court.
Merely designating someone as a manager does not automatically exclude them from being a workman unless it is proven that the person has administrative or supervisory powers.
From India
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To determine whether you can be classified as a workman or not, you need to review the following situations:
Whether you had any administrative or supervisory powers during your employment, such as approving cash payments, sanctioning leave for your juniors, or approving new appointments. If the answer is yes, then you cannot classify yourself as a workman and will not be eligible for any relief from the Honorable Labor Court.
Merely designating someone as a manager does not automatically exclude them from being a workman unless it is proven that the person has administrative or supervisory powers.
From India
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All the above elite members have given their opinion. Whether you are a workman or not is subject to be decided by the court of law. In my view, consult a labor lawyer and file the case in the labor office for conciliation.
From India, Mumbai
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From India, Mumbai
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Hi Pradeep,
Title: Understanding Employment Classification and Labour Rights in the Corporate Sector
In the realm of corporate employment, the classification of workers holds significant importance in determining their rights and protections under labour laws. The case of an individual serving as an Area Business Manager in a multinational corporation, overseeing a team of five employees, and engaging in daily fieldwork, raises questions about the individual's employment status and potential entitlement to legal recourse following sudden termination by the company.
The scenario described involves the individual actively engaging in sales generation through direct customer interactions and reporting to a superior without the presence of a team. This solitary nature of work, characterized by extensive fieldwork and independent responsibilities, may prompt the individual to question their classification as a "workman" under labour laws.
In this context, it is essential to understand the distinction between employees categorized as "workmen" and those outside this classification. The term "workman" typically refers to individuals engaged in manual or clerical work, as defined under various labour legislation. While the individual in question held a managerial position and supervised a team, the nature of their duties—primarily involving fieldwork and direct customer engagement—may warrant a closer examination of their employment status.
The sudden termination without prior intimation raises concerns regarding procedural fairness and adherence to labour laws governing termination practices. In the event of a dispute over the termination and the individual's classification as a workman, the option to file a case in the labor court may be considered to seek redress and assert one's rights.
However, the determination of whether the individual qualifies as a workman and the subsequent eligibility to file a case in the labor court would depend on various factors, including the specific provisions of labor laws applicable in the jurisdiction, the nature of the individual's duties, and the overall context of their employment relationship with the company.
It is advisable for the individual to seek legal counsel or consult with relevant labor authorities to assess their employment status, rights, and potential avenues for seeking recourse in the event of unjust termination. Understanding one's rights as an employee, regardless of classification, and being aware of the legal mechanisms available for addressing employment disputes is crucial in upholding fair labor practices and safeguarding individual interests in the corporate sector.
Thanks
From India, Bangalore
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Title: Understanding Employment Classification and Labour Rights in the Corporate Sector
In the realm of corporate employment, the classification of workers holds significant importance in determining their rights and protections under labour laws. The case of an individual serving as an Area Business Manager in a multinational corporation, overseeing a team of five employees, and engaging in daily fieldwork, raises questions about the individual's employment status and potential entitlement to legal recourse following sudden termination by the company.
The scenario described involves the individual actively engaging in sales generation through direct customer interactions and reporting to a superior without the presence of a team. This solitary nature of work, characterized by extensive fieldwork and independent responsibilities, may prompt the individual to question their classification as a "workman" under labour laws.
In this context, it is essential to understand the distinction between employees categorized as "workmen" and those outside this classification. The term "workman" typically refers to individuals engaged in manual or clerical work, as defined under various labour legislation. While the individual in question held a managerial position and supervised a team, the nature of their duties—primarily involving fieldwork and direct customer engagement—may warrant a closer examination of their employment status.
The sudden termination without prior intimation raises concerns regarding procedural fairness and adherence to labour laws governing termination practices. In the event of a dispute over the termination and the individual's classification as a workman, the option to file a case in the labor court may be considered to seek redress and assert one's rights.
However, the determination of whether the individual qualifies as a workman and the subsequent eligibility to file a case in the labor court would depend on various factors, including the specific provisions of labor laws applicable in the jurisdiction, the nature of the individual's duties, and the overall context of their employment relationship with the company.
It is advisable for the individual to seek legal counsel or consult with relevant labor authorities to assess their employment status, rights, and potential avenues for seeking recourse in the event of unjust termination. Understanding one's rights as an employee, regardless of classification, and being aware of the legal mechanisms available for addressing employment disputes is crucial in upholding fair labor practices and safeguarding individual interests in the corporate sector.
Thanks
From India, Bangalore
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Refer to the following judgment of the Madras High Court. Ashok Leyland Limited vs A. Vijayakumar And Anr. on 2 December 1980 T Sivasankaran
From India, Chennai
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From India, Chennai
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Hi Pradeep,
Under Indian labour laws, whether an individual is considered a 'workman' depends on their role and duties. The Industrial Disputes Act, 1947, defines a workman as someone employed in any industry to do manual, unskilled, skilled, technical, operational, clerical, or supervisory work. However, it excludes those employed mainly in managerial or administrative capacity, or those employed in a supervisory capacity drawing a salary exceeding the specified limit. Given your role as an Area Business Manager, if your primary duties were managerial, supervisory, and not of manual work, you might not qualify as a 'workman'.
However, if your employment was terminated without adherence to the notice period as stipulated in your employment contract, you may have grounds to seek relief for this breach of contract.
From India, Mumbai
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Under Indian labour laws, whether an individual is considered a 'workman' depends on their role and duties. The Industrial Disputes Act, 1947, defines a workman as someone employed in any industry to do manual, unskilled, skilled, technical, operational, clerical, or supervisory work. However, it excludes those employed mainly in managerial or administrative capacity, or those employed in a supervisory capacity drawing a salary exceeding the specified limit. Given your role as an Area Business Manager, if your primary duties were managerial, supervisory, and not of manual work, you might not qualify as a 'workman'.
However, if your employment was terminated without adherence to the notice period as stipulated in your employment contract, you may have grounds to seek relief for this breach of contract.
From India, Mumbai
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RS - Amendment in Inter State Migrant Workmen Act 1979 - (1.12.2010).pdf