Dear Team, If a person working in a corporate office (which comes under the Shop and Establishment Act) has no subordinates and the nature of his work is clerical, is he entitled to benefits under the Industrial Disputes Act?
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Applicability of the Industrial Disputes Act (IDA)
The applicability of the Industrial Disputes Act (IDA) depends on the nature of the establishment as well as the nature of the employee's work.
In this case, since the individual is working in a corporate office that falls under the Shops and Establishment Act, the IDA can apply, but certain conditions need to be considered. If the individual's role is clerical in nature and does not involve managerial or supervisory duties, he is likely to fall under the definition of a "workman" under the IDA. The absence of subordinates is another indicator that the employee is not in a managerial or supervisory position, which strengthens the possibility of being classified as a "workman" under the Act. Since the corporate office is governed by the Shops and Establishment Act, it doesn't automatically exclude the employee from the scope of the IDA. The focus is more on the nature of employment rather than the type of establishment.
I would recommend a thorough review of the individual's job description and specific duties to confirm this.
From India, Karimnagar
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25The applicability of the Industrial Disputes Act (IDA) depends on the nature of the establishment as well as the nature of the employee's work.
In this case, since the individual is working in a corporate office that falls under the Shops and Establishment Act, the IDA can apply, but certain conditions need to be considered. If the individual's role is clerical in nature and does not involve managerial or supervisory duties, he is likely to fall under the definition of a "workman" under the IDA. The absence of subordinates is another indicator that the employee is not in a managerial or supervisory position, which strengthens the possibility of being classified as a "workman" under the Act. Since the corporate office is governed by the Shops and Establishment Act, it doesn't automatically exclude the employee from the scope of the IDA. The focus is more on the nature of employment rather than the type of establishment.
I would recommend a thorough review of the individual's job description and specific duties to confirm this.
From India, Karimnagar
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Dear Anonymous,
Please share the details of the person (appointment clause, number of years served, reason for termination, or cause of dismissal from work) to provide you with the best possible solution. In my view, please contact a lawyer dealing with labor law matters. There are no benefits available under the law without a case of layoff, retrenchment, or illegal dismissal. It's difficult to suggest anything without complete data.
From India, Mumbai
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Please share the details of the person (appointment clause, number of years served, reason for termination, or cause of dismissal from work) to provide you with the best possible solution. In my view, please contact a lawyer dealing with labor law matters. There are no benefits available under the law without a case of layoff, retrenchment, or illegal dismissal. It's difficult to suggest anything without complete data.
From India, Mumbai
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Dear Prabhat Ji, The person is working as a manager but does not have any subordinates to report to. His appointment clause states that a 90-day notice period is compulsory, and this is one-sided (the employee cannot leave early, but the company can terminate him early).
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Industrial Disputes Amendment Act 2010.doc
INDUSTRIAL DISPUTES ACT.pdf