Labour Law & Hr Consultant
Had your query been specific to the point of your doubt, it would have been easier for others to respond. When any activity falls within the four corners of the terms "industry" u/s 2(j) and any establishment or organization within " industrial establishment or undertaking " u/s 2(ka) as defined respectively in the Industrial Disputes Act,1947, it would generally attract the provisions of almost all Labour Laws in force, of course, subject to the basic conditions of their applicability. IT and ITES establishments come within the fold of industry though they are distinctly different from conventional manufacturing industries and establishments of trade and commerce. Though their workforce comprises of academically highly- qualified and heftly-paid people -- whom Peter Drucker called as " the knowledge workers"--, in terms of employment laws, they are not different from their blue-collar counter parts of the conventional industries. They do have the rights to legally fixed working hours, weekly holidays and leave, to seek redress against illegal termination, to form trade unions and the like. So, pl come out with any specific questions.
12th June 2017 From India, Salem
13th June 2017 From India, Thiruvananthapuram
Does IT Industry in Tamilnadu come under the purview of 'The Factories Act' or 'The Shops and Establishment Act'. Although I am an accountant, I raise this question because of some apparent confusion in understanding by some of my IT friends. I would be thankful if you can throw some light on the laws that govern the monthly remuneration to IT industry, with specific reference to Taminadu.
15th June 2017 From India, Chennai
In confirmation and continuation of our learned friend's above reply, I would like to answer the second query of your post. Since the IT Industry is covered by the States' Shops and Establishments Act according to its locale, firstly, all other Labour Laws are applicable to its employees depending upon their employment position/capacity. Secondly, Monetary Labour Legislations such as the Payment of Wages Act,1936, the Payment of Bonus Act,1965 etc., subject to the salary limit prescribed in each one.
19th June 2017 From India, Salem