Sir, What is difference between protected workman and general workman under iD act
From India, Delhi
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From India, Delhi
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Protected Workmen vs. General Workmen
All protected workmen are general workmen, but not all general workmen can be protected workmen.
Definition of Protected Workmen
Protected workmen are workers approved by the management as 'protected workmen' under the relevant provisions of the Industrial Disputes Act. A protected workman is always an office-bearer of a trade union. According to Section 33(4) of the Industrial Disputes Act, 1947, the number of workmen recognized as protected workmen should be one percent of the total number of workmen employed therein, with a minimum of five protected workmen and a maximum of one hundred protected workmen.
Protections for Protected Workmen
Section 33(3) of the Industrial Disputes Act, 1947, provides certain protections to them. During any conciliation procedure before a conciliation officer or a Board or any proceeding before an arbitrator or a Labour Court or Tribunal in respect of an industrial dispute, the employer should not dismiss, punish, or make changes in the service conditions of a protected workman.
Trade Union Responsibilities
Rule 61(1) of the Industrial Disputes (Central) Rules, 1957, states that every registered trade union connected with an industrial establishment must communicate to the employer before the 30th of April every year the names and addresses of the officers of the union employed in that establishment who should be recognized as protected workmen. Rule 61(2) obligates the employer to recognize the number of workers as provided under Section 33(4) of the Industrial Disputes Act, 1947, as 'protected' for a 12-month period within fifteen days of receiving the proposal from the union.
From India, Kannur
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4526All protected workmen are general workmen, but not all general workmen can be protected workmen.
Definition of Protected Workmen
Protected workmen are workers approved by the management as 'protected workmen' under the relevant provisions of the Industrial Disputes Act. A protected workman is always an office-bearer of a trade union. According to Section 33(4) of the Industrial Disputes Act, 1947, the number of workmen recognized as protected workmen should be one percent of the total number of workmen employed therein, with a minimum of five protected workmen and a maximum of one hundred protected workmen.
Protections for Protected Workmen
Section 33(3) of the Industrial Disputes Act, 1947, provides certain protections to them. During any conciliation procedure before a conciliation officer or a Board or any proceeding before an arbitrator or a Labour Court or Tribunal in respect of an industrial dispute, the employer should not dismiss, punish, or make changes in the service conditions of a protected workman.
Trade Union Responsibilities
Rule 61(1) of the Industrial Disputes (Central) Rules, 1957, states that every registered trade union connected with an industrial establishment must communicate to the employer before the 30th of April every year the names and addresses of the officers of the union employed in that establishment who should be recognized as protected workmen. Rule 61(2) obligates the employer to recognize the number of workers as provided under Section 33(4) of the Industrial Disputes Act, 1947, as 'protected' for a 12-month period within fifteen days of receiving the proposal from the union.
From India, Kannur
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Industrial Disputes Amendment Act 2010.doc
Bombay HC on workman ID Act.pdf