Hello,
A "worker" is a term defined under the Factories Act and it includes, those employed by the factory, employees employed by the contractor-with or without knowledge of the employer, for wages or not, to do any work connected with the "manufacturing process"....etc. Factories Act being an establishment legislation the term used is "worker" and the scope is wide as the purpose is safety, health etc.
Yes, there are certain categories to whom exemption from various provisions of the act is granted and one has to follow a procedure stipulated. You will find details under Sec. 100 to 102 and the rules thereunder.
The term "workman" is defined under the Industrial Disputes Act 1947 and include all those, including the white collared employees who conform to this definition. The definition also excludes certain categories of workmen (those who are engaged mainly in Supervisory or managerial work.
I am NOT quoting definitions but am am only providing broad guidelines since many issues involved in both definitions are not obvious or simple. Largely however the actual nature of work performed by the individual decides his status as a "workman" or a "non-workman_ and it is open to third party (courts, conciliation officers-in appropriate cases) to decide if any given individual conforms to the definition of "workman" under this act. This is significant as Industrial Disputes Act is essentially a disputes processing legislation. That is why, the scope of both definition is different!
Your query seems to have emerged out of academic interests but if you have a real life situation on hand kindly provide more specific inputs and receive better advice!
Regards
samvedan
August 30, 2012
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