priyadarshinibn
25

Dear Seniors,
I have a small query on Maharashtra Labour Welfare Fund Act.
Maharashtra Labour Welfare Fund Act says Managers, supervisors and employees drawing wages more than Rs. 3,500/- per month are not included in this act.
On the other side Maharashtra minimum wages act says monthly wages for unskilled employees(shops and establishment act) should not be less than Rs. 5000.
Does it mean that it is not required to deduct labour welfare fund contribution from employee if an employee is drawing wages exceeding Rs. 3500 irrespective of category???.
I am working for a commercial establishment where all the employees including office boys are drawing wages more than Rs. 3500.I am in a confusion about deducting employee's contribution towards labour welfare fund.
Please clarify.
With Regards,
Priya

From India, Bangalore
kishorkulkarni
241

In the various labour relating laws, you will find various terms such as worker, workman and employee. Moreover, certain designations doing work of Administrative, Managerial, Supervisory, Technical and Operative functions are also found in the definitions.

The law has just tried to separate by drawing a line between the working class and the managerial staff, not on the basis of salary or wage but on the basis of the functions and duties. Hence, to ascertain whether a person is employed in a managerial category or otherwise, mere knowledge of law is not sufficient, but one must have the factual information about the powers and functions attached to a post. Because, designations are not important, but the powers held and functions exercised throw light on the true characteristics of a Post.

A workman remains a workman irrespective of wages. A Manager also remains Manager irrespective of salary but because he is exercising the managerial and administrative functions. A supervisor however, included in the class of Worker, if he is drawing salary less than the limit (Presently Rs. 6,500 p. m.), else, in the managerial category.

In the case of Mah. Welfare Funds Act, the persons engaged as Managers and Supervisors drawing Rs. 3,500 p.m. are excluded. Meaning, If a manager is drawing less than Rs. 1000 pm, he will stand covered. The limit of Rs. 3500 was fixed long ago. So we find a little confusing when compared with the present rates of Min. Wages.

From India, Kolhapur
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