Umakanthan53
Labour Law & Hr Consultant
Harman Shergill
Managing Director

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Sir,
I want to enquire that I m running private security service and I was applying for a tender but officials there are having one problem they are saying that how u can say that security guards come under skilled and high skilledcategories.
So it's my request to please give some information about this that where I can find knowledge about this and is there any rule or book issues by labour department in which all the categories are divided.

From India, Mumbai
Dear Mr.Harman Shergill,

Classification of jobs into skilled, semiskilled and unskilled categories is dependent upon many factors like the nature of jobs, required academic or technical qualifications, essential experience in a particular trade or specific work etc. To my knowledge there are no legal definitions so far. Even though the Industrial Disputes Act 1947 [ sec.2(s) ] and the Minimum Wages Act 1948 [ sec.2(j) ] use some of these terms in their definition clauses of the common terms " workman" and " employee " respectively, no explanations or further precise definitions are found therein. The Industrial Employment ( Standing Orders ) Act also simply adopts the definition of " workman " in the ID Act,1947 by reference. The Factories Act,1948 an exclusive labour legislation dealing with conditions of service, inter alia, in premises where any manufacturing activity is carried on simply defines (sec.2(l) ) a worker as any person engaged directly or indirectly in the manufacturing process or any other incidental activity connected therewith in the premises. So, the sources of information about these classifications have to be searched elsewhere.

While fixing and revising minimum rates of wages under the MW Act,1948 relating to certain employments in manufacturing industries, the Governments are in the practice of adding explanatory notes to their notifications about the terms skilled, semi-skilled and unskilled used in the G.Os. Here the emphasis is on the persons engaged in the respective employments.

Persons having an experience of 5 years in a particular trade or persons who possess trade certificate including ITI with an experience of 3 years are SKILLED EMPLOYEES.

All trade certificate holders without any experience and persons having an experience of not less than 2 years in any trade as helpers are SEMI-SKILLED.

Persons doing works which do not require any academic qualification or technical training are UNSKILLED EMPLOYEES.

Viewed from yet another perspective with reference to the jobs, we can define them as follows:

SKILLED:

It is any work involving the use of judgement such as intellectual reasoning and problem solving skills to make decisions based on measurements, calculations or estimations and require specific qualifications such as educational degrees or professional training. Ex: Nurses, Teachers, Administrative Assts, Accountants, Office Clerks etc.

SEMI-SKILLED:

Any work of simple and repetitive nature involving attention to details or protecting against risks without any advanced training or education. Ex: Security Guards ( without arms and training in weaponry), Waiter, Retail Salesman etc.

UNSKILLED:

Any work involving simple tasks performed mostly through physical strength or co ordination with least or no exercise of judgement. Ex: Cleaner, Messenger etc.

From India, Salem
Dear Sir, In which under category (skill or semi skill ) do light vehicle drivers? Please explain with gov. law.
From India, Ahmedabad
To drive any motor vehicle, driving license under the Motor Vehicles Act,1988 is mandatory. If we analyse the procedure prescribed under the Act and the Rules for the grant of driving license of any sort, we can conclude that a driver's job is a skilled one.
From India, Salem
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