I studied various articles/content available online on Standing Orders but could not get clarity on the definition of workmen. Could any of you guide me who is qualified as a workmen when drafting Standing Orders for an organization. I am asking this question in relevance to IT/ITES industry. Request your suggestions please.
From India, Attapur
1From India, Attapur
Dear Manisha,
As per clause (i) of section 2 of the IE(SO)Act,1946, the term "workman" has the meaning assigned u/s 2(s) of the ID Act,1947.
Better, you could have explained your difficulty in understanding the meaning of the term in relevance to the IT/ITES industry.
From India, Salem
As per clause (i) of section 2 of the IE(SO)Act,1946, the term "workman" has the meaning assigned u/s 2(s) of the ID Act,1947.
Better, you could have explained your difficulty in understanding the meaning of the term in relevance to the IT/ITES industry.
From India, Salem
Manish Ji
Regarding Standing Orders, its content and it sections may very from state to state rules but punishment for severe act shall be same. You may read these from ID Act 1948 which may help you.
Regards
Dhiraj
From India, Bhadohi
Regarding Standing Orders, its content and it sections may very from state to state rules but punishment for severe act shall be same. You may read these from ID Act 1948 which may help you.
Regards
Dhiraj
From India, Bhadohi
Dear Manisha
As Shri Umakantji has mentioned, perhaps you want to understand who all will fall in definition of workman for your industry.
The definition of workman under ID Act has provided certain test/attributes both inclusive and exclusion. Inclusion is about type of work/activity i.e. manual, skilled, unskilled, clerical, technical or operational work
It includes person who predominately carries out administrative or managerial work and the person who is in supervisory capacity and draws wages more than Rs.10, 000/-
So the test is - 1) Do they carry out any one of the inclusion jobs -If yes put them into second filter
2) Do they carry out administrative or managerial role predominately? If Yes- Not a workman, If No- He is a workman.
3) For a person purely in supervisor's role- his wages will be decisive factor.
Regards
Shailesh Parikh
99 98 97 10 65
From India, Mumbai
As Shri Umakantji has mentioned, perhaps you want to understand who all will fall in definition of workman for your industry.
The definition of workman under ID Act has provided certain test/attributes both inclusive and exclusion. Inclusion is about type of work/activity i.e. manual, skilled, unskilled, clerical, technical or operational work
It includes person who predominately carries out administrative or managerial work and the person who is in supervisory capacity and draws wages more than Rs.10, 000/-
So the test is - 1) Do they carry out any one of the inclusion jobs -If yes put them into second filter
2) Do they carry out administrative or managerial role predominately? If Yes- Not a workman, If No- He is a workman.
3) For a person purely in supervisor's role- his wages will be decisive factor.
Regards
Shailesh Parikh
99 98 97 10 65
From India, Mumbai
Manisha,
In India, IT/ITES has not yet been declared either as an "industry" or a "factory" though it's understood some sort of 'production' activity is being carried out. Till such time govt. comes out with an exclusive act to govern these entities this business is classified under 'Shops & Commercial Estt.Act' of the respective states. Therefore it should be appropriate to refer to SCEAct for all purposes. However, w.r.t. to your query on Standing Orders, the definition of a 'workman' under SO Act is here under -
Industrial Employment (Standing Orders)Act, 1946
[Act No. 20 of 1946, As Amended by Acts Nos. 3 of 1951, 36 of 1956,16 of 1961, 39 or 19632 , 51 of 1970 and 18 of 1982 [23rd April, 1946].
2. Interpretation.- In this Act, unless there is anything repugnant in the subject or
context[(a) “appellate authority” means....
xxxxxx
(d) “employer” means the owner of an industrial establishment to which this Act for
the time being applies, and includes-
(i) in a factory, any person named under 14[clause (f) of sub-section (1) of Section
7 of the Factories Act,1948], as manager of the factory;
(ii) in any industrial establishment under the control of any department of any
Government in India, the authority appointed by such Government in this
behalf, or where no authority is so appointed, the head of the department;
(iii) in any other industrial establishment, any person responsible to the owner for
the supervision and control of the industrial establishment;
(e) “industrial establishment” means
(i) an industrial establishment as defined in clause (ii) of Section 2 of the
Payment of Wages Act, 1936, or
15[(ii) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or ]
(iii) a railway as defined in clause (4) of Section 2 of the Indian Railway Act,
1890, or
(iv) the establishment of a person who, for the purpose of fulfilling a contract with
the owner of any industrial establishment, employs workmen;
(f) “prescribed’ means prescribed by rules made by the appropriate Government
under this Act ;
(g) “ standing orders” means rules relating to matters set out in the Schedule:
(h) “trade union” means a trade union for the time being registered under the Indian
Trade Union Act, 1926;
16[(i) “wages” and “workman” have the meanings respectively assigned to them in
clauses (rr) and (s) of Section 2 of the Industrial Disputes Act, 1947 (14 of 1947).]
From India, Bangalore
In India, IT/ITES has not yet been declared either as an "industry" or a "factory" though it's understood some sort of 'production' activity is being carried out. Till such time govt. comes out with an exclusive act to govern these entities this business is classified under 'Shops & Commercial Estt.Act' of the respective states. Therefore it should be appropriate to refer to SCEAct for all purposes. However, w.r.t. to your query on Standing Orders, the definition of a 'workman' under SO Act is here under -
Industrial Employment (Standing Orders)Act, 1946
[Act No. 20 of 1946, As Amended by Acts Nos. 3 of 1951, 36 of 1956,16 of 1961, 39 or 19632 , 51 of 1970 and 18 of 1982 [23rd April, 1946].
2. Interpretation.- In this Act, unless there is anything repugnant in the subject or
context[(a) “appellate authority” means....
xxxxxx
(d) “employer” means the owner of an industrial establishment to which this Act for
the time being applies, and includes-
(i) in a factory, any person named under 14[clause (f) of sub-section (1) of Section
7 of the Factories Act,1948], as manager of the factory;
(ii) in any industrial establishment under the control of any department of any
Government in India, the authority appointed by such Government in this
behalf, or where no authority is so appointed, the head of the department;
(iii) in any other industrial establishment, any person responsible to the owner for
the supervision and control of the industrial establishment;
(e) “industrial establishment” means
(i) an industrial establishment as defined in clause (ii) of Section 2 of the
Payment of Wages Act, 1936, or
15[(ii) a factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or ]
(iii) a railway as defined in clause (4) of Section 2 of the Indian Railway Act,
1890, or
(iv) the establishment of a person who, for the purpose of fulfilling a contract with
the owner of any industrial establishment, employs workmen;
(f) “prescribed’ means prescribed by rules made by the appropriate Government
under this Act ;
(g) “ standing orders” means rules relating to matters set out in the Schedule:
(h) “trade union” means a trade union for the time being registered under the Indian
Trade Union Act, 1926;
16[(i) “wages” and “workman” have the meanings respectively assigned to them in
clauses (rr) and (s) of Section 2 of the Industrial Disputes Act, 1947 (14 of 1947).]
From India, Bangalore
Thank you very much All for your inputs. These are very helpful. In terms of IT/ITES specifically, I want to understand if the managers/team leaders/team mangers are also workman. Also, a Vice President reporting to CEO, is he also a workman as I understand wherever there is a supervisor subordinate relationship this should be considered as workman. Also, if the employees working in HR and other supportive functions like Finance, Facilities, Admin also regarded as workmen? If you can please guide me in context of IT/ITES that will be of great help as I see predominantly the labor laws relevant to the manufacturing set up.
Thank you.
Warm Regards,
Manisha
From India, Attapur
Thank you.
Warm Regards,
Manisha
From India, Attapur
Dear Manisha,
In fact, your doubt is genuine and such a doubt crossing one's mind is inevitable to be sure about the authenticity of the term "workman" for the purpose of standing orders as the same person has to be an "workman" as defined u/s 2 (s) of the Industrial Disputes Act, 1947 and a "person employed" as defined almost in all the State Shops and Establishments Acts as well. Similar is the case of a "worker" as defined u /s 2(l)of the Factories Act, 1948. The practical meaning of the term varies according to the purpose or object of the legislation in which it occurs. Unambiguous and precise description of the uniform conditions of service of the employees falling under the workman category by the industrial employer in consultation with them and getting it certified by the officer appointed for the purpose is the objective of the IE(SO)Act,1946. Hence the IE(SO) Act, 1946 simply adopts the definition of the term workman u/s 2(s) of the ID Act 1947 by reference. As of now, certainly the definition is different from that of the Shops and Establishments Acts in as much as the latter insists on the principal and wholesome nature of employment of the person employed therein but for those specifically excluded. ( However, it is pertinent to note that the proposed Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016 by the Central Government removes this hurdle of interpretation by keeping the definition of the term "worker" u/s 2(j) simply analogous to that of the ID Act while putting the exempted persons exhaustively u/s 3(1) of the Bill)
Therefore, the persons employed in your IT/ITES industry in the gray areas of hierarchy automatically go out of the ambit of the term workman used in the Standing Orders Act, 1946.
From India, Salem
In fact, your doubt is genuine and such a doubt crossing one's mind is inevitable to be sure about the authenticity of the term "workman" for the purpose of standing orders as the same person has to be an "workman" as defined u/s 2 (s) of the Industrial Disputes Act, 1947 and a "person employed" as defined almost in all the State Shops and Establishments Acts as well. Similar is the case of a "worker" as defined u /s 2(l)of the Factories Act, 1948. The practical meaning of the term varies according to the purpose or object of the legislation in which it occurs. Unambiguous and precise description of the uniform conditions of service of the employees falling under the workman category by the industrial employer in consultation with them and getting it certified by the officer appointed for the purpose is the objective of the IE(SO)Act,1946. Hence the IE(SO) Act, 1946 simply adopts the definition of the term workman u/s 2(s) of the ID Act 1947 by reference. As of now, certainly the definition is different from that of the Shops and Establishments Acts in as much as the latter insists on the principal and wholesome nature of employment of the person employed therein but for those specifically excluded. ( However, it is pertinent to note that the proposed Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016 by the Central Government removes this hurdle of interpretation by keeping the definition of the term "worker" u/s 2(j) simply analogous to that of the ID Act while putting the exempted persons exhaustively u/s 3(1) of the Bill)
Therefore, the persons employed in your IT/ITES industry in the gray areas of hierarchy automatically go out of the ambit of the term workman used in the Standing Orders Act, 1946.
From India, Salem
This my post based squarely on the Shops & Commercial Estt.Act of any state which are with some modifications to be applied to IT/ITES sector in the respective state (till such time something else is made applicable to this sector)- The following extract gives therefore, the definition of an Establishment, Employer & Employee which encompasses all involved (subject to exemptions) in any estt.,
"THE 1 [KARNATAKA]1 SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961.
An Act to provide for the regulation of conditions of work and employment in shops and commercial establishments.
WHEREAS it is expedient to provide for the regulation of conditions of work and employment in shops and commercial establishments and other incidental matters;
BE it enacted by the 1 [Karnataka State]1 Legislature in the Twelfth Year of the Republic of India as follows:— 1. Adopted by the Karnataka adaptations of laws order 1973 w.e.f. 1.11.1973
CHAPTER I
PRELIMINARY 1. Short title, extent, commencement and application.— (1)
2. Definitions.—In this Act, unless the context otherwise requires,— (a) “adult” means a person who has completed his eighteenth year; (b) “apprentice” means a person aged not less than 1 [fourteen years]1 ,
xxxx
(e) “commercial establishment” means a commercial or trading or banking or insurance establishment, an establishment or administrative service in which persons employed are mainly engaged in office work, a hotel, restaurant, boarding or eating house, a cafe or any other refreshment house, a theatre or any other place of public amusement or entertainment and includes such establishments as the State Government may by notification declare to be a commercial establishment for the purposes of this Act;
xxxx
(g) “employee” means a person wholly or principally employed in or in connection with, any establishment whether working on permanent, periodical, contract or piece-rate wages, or on commission basis, even though he receives no reward for his labour and includes an apprentice, any clerical or other member of the staff of a factory or industrial establishment who falls outside the scope of the Factories Act, 1948, but does not include a member of the employer’s family; and “employed” shall be construed accordingly;
(h) “employer” means a person having charge of or owning or having ultimate control over the affairs of an establishment and includes members of the family of an employer, a manager, agent or other person acting in the general management or control of an establishment;
(i) “establishment” means a shop or a commercial establishment;
(u) “shop” means any premises where any trade or business is carried
on or where services are rendered to customers, and includes offices,
storerooms, godowns, or warehouses, whether in the same premises or
otherwise, used in connection with such trade or business, but does not
include a commercial establishment or a shop attached to a factory where
the persons employed in the shop fall within the scope of the Factories Act,
1948;
xxxx
Going by the above definitions and other provisions of the Act(s), I feel many of the provisions of SO of units wherever the act is applicable can be taken care of the S&CE Act itself and there won't any compulsion on the part of estts. covered under this Act to tag either SO Act of ID Act which suo-moto are not applicable to IT/ITES sector.
From India, Bangalore
"THE 1 [KARNATAKA]1 SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961.
An Act to provide for the regulation of conditions of work and employment in shops and commercial establishments.
WHEREAS it is expedient to provide for the regulation of conditions of work and employment in shops and commercial establishments and other incidental matters;
BE it enacted by the 1 [Karnataka State]1 Legislature in the Twelfth Year of the Republic of India as follows:— 1. Adopted by the Karnataka adaptations of laws order 1973 w.e.f. 1.11.1973
CHAPTER I
PRELIMINARY 1. Short title, extent, commencement and application.— (1)
2. Definitions.—In this Act, unless the context otherwise requires,— (a) “adult” means a person who has completed his eighteenth year; (b) “apprentice” means a person aged not less than 1 [fourteen years]1 ,
xxxx
(e) “commercial establishment” means a commercial or trading or banking or insurance establishment, an establishment or administrative service in which persons employed are mainly engaged in office work, a hotel, restaurant, boarding or eating house, a cafe or any other refreshment house, a theatre or any other place of public amusement or entertainment and includes such establishments as the State Government may by notification declare to be a commercial establishment for the purposes of this Act;
xxxx
(g) “employee” means a person wholly or principally employed in or in connection with, any establishment whether working on permanent, periodical, contract or piece-rate wages, or on commission basis, even though he receives no reward for his labour and includes an apprentice, any clerical or other member of the staff of a factory or industrial establishment who falls outside the scope of the Factories Act, 1948, but does not include a member of the employer’s family; and “employed” shall be construed accordingly;
(h) “employer” means a person having charge of or owning or having ultimate control over the affairs of an establishment and includes members of the family of an employer, a manager, agent or other person acting in the general management or control of an establishment;
(i) “establishment” means a shop or a commercial establishment;
(u) “shop” means any premises where any trade or business is carried
on or where services are rendered to customers, and includes offices,
storerooms, godowns, or warehouses, whether in the same premises or
otherwise, used in connection with such trade or business, but does not
include a commercial establishment or a shop attached to a factory where
the persons employed in the shop fall within the scope of the Factories Act,
1948;
xxxx
Going by the above definitions and other provisions of the Act(s), I feel many of the provisions of SO of units wherever the act is applicable can be taken care of the S&CE Act itself and there won't any compulsion on the part of estts. covered under this Act to tag either SO Act of ID Act which suo-moto are not applicable to IT/ITES sector.
From India, Bangalore
Thank you very much for the advice and the references provided. These are indeed helpful. Warm Regards, Manisha
From India, Attapur
From India, Attapur
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