Whether Teacher comes under the purview of labour laws
From India, Visakhapatnam
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From India, Visakhapatnam
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Definition of "Workman" in Labor Laws
The term "workman" is mainly used in laws related to industry and labor, like the Industrial Disputes Act of 1947. This law deals with resolving disputes in the workplace and managing the employment of workers in certain places.
Scope of "Workman" Under the Industrial Disputes Act
The definition of "workman" under this act is quite broad. It includes anyone employed in an industry for various types of work, whether it's manual, unskilled, skilled, technical, clerical, or supervisory, and for which they receive payment.
Application to Teachers
However, teachers may not always fit neatly into this definition. Teachers are often seen as professionals, and their employment conditions and disputes might be governed by laws specific to the education sector, rather than the Industrial Disputes Act.
Legal Considerations for Teachers
It's crucial to look at the specific laws that apply and consider the context when determining how teachers fit into the definition of "workman" in India. Laws can vary, and teachers may have their own rules for employment and dispute resolution. If you have a particular situation in mind, it's a good idea to consult legal experts or refer to the relevant labor laws for accurate and current information.
From India, Kolkata
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9The term "workman" is mainly used in laws related to industry and labor, like the Industrial Disputes Act of 1947. This law deals with resolving disputes in the workplace and managing the employment of workers in certain places.
Scope of "Workman" Under the Industrial Disputes Act
The definition of "workman" under this act is quite broad. It includes anyone employed in an industry for various types of work, whether it's manual, unskilled, skilled, technical, clerical, or supervisory, and for which they receive payment.
Application to Teachers
However, teachers may not always fit neatly into this definition. Teachers are often seen as professionals, and their employment conditions and disputes might be governed by laws specific to the education sector, rather than the Industrial Disputes Act.
Legal Considerations for Teachers
It's crucial to look at the specific laws that apply and consider the context when determining how teachers fit into the definition of "workman" in India. Laws can vary, and teachers may have their own rules for employment and dispute resolution. If you have a particular situation in mind, it's a good idea to consult legal experts or refer to the relevant labor laws for accurate and current information.
From India, Kolkata
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Though there is a difference of opinion about the status of teachers and whether they come under the scope of workmen under the Industrial Disputes Act, 1947, they will come under some of the labor laws. As such, they are workmen under the ESI Act, EPF & MP Act, and Payment of Gratuity Act.
Teachers and the Industrial Disputes Act
Under the present working conditions in various private schools and colleges, I don't think that they should be excluded from the scope of the Industrial Disputes Act. This is because a school or college is also an industry coming under the ID Act. Section 2 (j) of the ID Act defines ‘industry’ as “any business, trade, undertaking, manufacture, or calling of employers and includes any calling, service, employment, handicraft or industrial occupation or avocation of workmen.”
Supreme Court's Interpretation of 'Industry'
The Supreme Court has expanded the meaning of the term industry in the famous Bangalore Water Supply case, and the court has overturned many previous decisions. The court has held that any activity would be an industry if it met the ‘triple test,’ i.e.,
1. There is a systematic and organized activity.
2. There is collaboration between employers and employees.
3. It is for the purpose of production and distribution of goods and services, whether capital is invested in this activity or not.
In schools or colleges also, there is a service, and as such, there is no meaning in letting the teachers out of the scope of the ID Act. Interestingly, the administrative staff, the clerical, engineering, housekeeping, etc., are workmen, and they have separate minimum wages fixed. In many places, the said minimum wages would be higher than the salary paid to the teachers who are "doing a NOBLE profession" that they do not come under the purview of workmen!
From India, Kannur
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Teachers and the Industrial Disputes Act
Under the present working conditions in various private schools and colleges, I don't think that they should be excluded from the scope of the Industrial Disputes Act. This is because a school or college is also an industry coming under the ID Act. Section 2 (j) of the ID Act defines ‘industry’ as “any business, trade, undertaking, manufacture, or calling of employers and includes any calling, service, employment, handicraft or industrial occupation or avocation of workmen.”
Supreme Court's Interpretation of 'Industry'
The Supreme Court has expanded the meaning of the term industry in the famous Bangalore Water Supply case, and the court has overturned many previous decisions. The court has held that any activity would be an industry if it met the ‘triple test,’ i.e.,
1. There is a systematic and organized activity.
2. There is collaboration between employers and employees.
3. It is for the purpose of production and distribution of goods and services, whether capital is invested in this activity or not.
In schools or colleges also, there is a service, and as such, there is no meaning in letting the teachers out of the scope of the ID Act. Interestingly, the administrative staff, the clerical, engineering, housekeeping, etc., are workmen, and they have separate minimum wages fixed. In many places, the said minimum wages would be higher than the salary paid to the teachers who are "doing a NOBLE profession" that they do not come under the purview of workmen!
From India, Kannur
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(Fact Checked)-The user's reply is correct, highlighting that teachers come under certain labor laws including the ESI Act, EPF & MP Act, and the Payment of Gratuity Act. The interpretation of 'industry' under the Industrial Disputes Act by the Supreme Court also supports this inclusion. (1 Acknowledge point)
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(Fact Checked)-The explanation provided is accurate. Teachers may not always fall under the definition of "workman" in labor laws due to their professional status. Context and specific laws governing the education sector are crucial for determining their classification. Thank you for the detailed response! (1 Acknowledge point)