PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law Advocate
Senior Manager - Human Resources
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riteshmaityLabour court will entertain matters related to a 'workman' under the ID Act. Mere designation of "Assistant Manager" cannot be used to determine the status. In order to determine whether whether an employee falls within the category of workman or not, first his nature of duties has be ascertained.
Assuming that this Assistant Manager falls within the category of workman, he first needs to send a letter within acknowledgment to the company stating that he was asked to resign forcefully and request to cancel such letter and let him to continue his job, thereafter, if the company does not allow him to join then he may approach the labour commissioner to raise the dispute.
From India, Kolkata
Suresh RathiIn all probability, Asst Manager,will not fall under the category of Workman, though his charter of duties will clarify this point.
In case , he does not fall under this category , than he may send a legal notice and based on reply or in case no reply is received, court and be approached.
From India, Delhi
1.I am bit confused about basic salary. Should it be equal to minimum wage as per state decided.
It means total wages = basic+DA+HRA+Con+others ?
2. In bonus act 21K limit is basic salary or Gross
From India, New Delhi
Irrespective of designated the nature of duty will determine that weather He/She falls within the purview of workman or not
however if He/She is engaged in managerial
Or supervisory activities suck as having signaning authority, Directing juniors, performance evaluation and data analysis, planning to enhance the sales etc. Cannot be falls in the definitation of workman u/s 2(S) of ID act. 1948,
With regard to your second query : its not
necessary to have basic salary equal to minimum wages. It can be split into certain
Allowances Like HRA, Conveyance, LTA, Medical reimbursement etc. Provided that gross salary
Should not be less then minimum wages
prescribed by state govt. U/s 3 of minimum
Wages act. Also basic salary should not be less then 50% of Gross to contribute the
statutory benefit Like EPF, Bonus, Gratuity?
The bonus threshold limit u/s 2(13) basic plus DA should Not more then 21000
Thanks & Regards
HR & Labour Laws Advisor
From India, Agra
pratheekshaaAn employee designation will never determine the workmen status, if he is not vested with the power of sanctioning leave to the people reporting him then he will cone under the status of workmen and he can approach the legal machineries.
With regard to the wages Basic DA and HRA is treated as wages under section 2 (h) of the MW Act.
For bonus only Basic and DA will be treated as wages under PB Act
From India, Bangalore
krishna@kkDear, can you please share the copy where it mentioned that in bonus act word"wages" means basic+DA
From India, New Delhi