through any agency (including a contractor) with or
without the knowledge of the principal employer,
whether for remuneration or not], in any manufacturing
process, or in cleaning any part of the machinery or
premises used for a manufacturing process, or in any
other kind of work incidental to, or connected with,
the manufacturing process, or the subject of the
manufacturing process [but does not include any
member of the armed forces of the Union];
This is definition for worker under factories Act.
Your question is :
1. whether the definition is applicable to senior officials of the Factory such as General Managers, Additional General Managers and others involved in managerial functions?
They will not be considered as Worker. ( Those who can take managerial decisions will not to be called as worker)
2. Whether it includes officials belonging to Law Department, Internal Audit Department, etc.?
Iam not clear about this question and dont want to give wrong answer.
Dear seniors Kindly correct if iam wrong for question No - 1.
M. Dinesh kumar.
The only person who is not a worker is the factory manager as he is designated to be in control of the plant and equivalent to the employer.
Any person from law and internal audit who is permanently or generally posted in the factory will be a worker and all rules of factories act will apply to him
In nut and shell, I wish to reply to your query as under:
In accordance with Factories Act as defined "worker",it includes all employees including all Jr and Senior Managerial staff.The staff members of legal and audit department shall also be treated as "worker" under the Factories Act as they are attached with the Factory.
It is to be further noted that all employees who are engaged through Contractors are Workers within the definition of the Act.
While furnishing Half yearly return in Form 23 & Annual return in Form 22 under Factories Act, one has to give details of man-hours, maydays etc in respect of all employees inclusive of contractor's employees as stated herein above.
The definition is given.
The definition in factory act (I think section 2(m) ) defines who is a worker. That is all that you need. The definition is not over ruled anywhere in the act. The only place some leeway is given is rules defined under sec 64 allowing a specific set of persons to work extra or longer workers.