Are Team Leaders, Assistant Managers, and Managers Eligible for Union Membership? Seeking Guidance on Union Inclusion and Responding to Demands

Union Eligibility for Supervisory Roles

Employee designations are either Team Leader, Assistant Manager, or Manager. Do these individuals come under the purview of the union? They are supervisors based on their designations and are not classified as workers.

Designations and Trade Union Inclusion

Could you please advise on which designations fall under the trade union?

Responding to a Charter of Demands

Additionally, what is the procedure to respond to the CHARTER OF DEMANDS letter received from the labor union?

Thank you.

Workmen under Trade Union Act

"Workmen" under the Trade Union Act refers to all persons employed in trade or industry, whether or not they are employed by the employer with whom the trade dispute arises. The Industrial Disputes Act, 1947, which extended to the whole of India, regulated Indian labor law concerning trade unions as well as individual workmen employed in any industry within the territory of the Indian mainland. This has been replaced by the Industrial Relations Code, 2020.

The Industrial Relations Code, 2020

The Industrial Relations Code, 2020 (No. 35 of 2020) [28th September 2020], is an Act to consolidate and amend the laws relating to trade unions, conditions of employment in industrial establishments or undertakings, investigation and settlement of industrial disputes, and for matters connected therewith or incidental thereto.

Definition of "Employee"

In definition (l), "employee" means any person (other than an apprentice engaged under the Apprentices Act, 1961) employed by an industrial establishment to do any skilled, semi-skilled, or unskilled manual, operational, supervisory, managerial, administrative, technical, or clerical work for hire or reward, whether the terms of employment be express or implied. It also includes a person declared to be an employee by the appropriate Government but does not include any member of the Armed Forces of the Union.

Determining Workmen Status

Whether a particular supervisor or manager performing such functions is considered a workman under the definition of the workmen under the ID Act is to be determined based on facts supported by required evidence.

You may also refer to this discussion: https://www.citehr.com/633488-only-w...e-workmen.html