Dear experts/HR/Legal experts,
Understanding the ID Act and Employee Classification
We all know, with respect to the ID Act and various court judgments, that irrespective of salary and designation, the nature of duties will decide whether the employee falls under the purview of the ID Act or not. Even a director-designated employee drawing a five-figure salary can be termed as a workman based on the following criteria:
1. The role is handled independently, working with their own hands.
2. They do not have subordinates under their position.
3. They are not authorized to sanction leave or appraise any employee.
4. They cannot authorize disciplinary action against any employee.
5. Is a managerial grade appointee employee forced to accept assigned roles of workmen for salary or under threat?
Seeking Authentication from Legal Forums
If the same needs to be authenticated by the labor commissioner, they may give a vague reply. In that case, to which legal forum should the employee turn to get the roles and responsibilities authenticated as workmen?
From India, Bangalore
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Understanding the ID Act and Employee Classification
We all know, with respect to the ID Act and various court judgments, that irrespective of salary and designation, the nature of duties will decide whether the employee falls under the purview of the ID Act or not. Even a director-designated employee drawing a five-figure salary can be termed as a workman based on the following criteria:
1. The role is handled independently, working with their own hands.
2. They do not have subordinates under their position.
3. They are not authorized to sanction leave or appraise any employee.
4. They cannot authorize disciplinary action against any employee.
5. Is a managerial grade appointee employee forced to accept assigned roles of workmen for salary or under threat?
Seeking Authentication from Legal Forums
If the same needs to be authenticated by the labor commissioner, they may give a vague reply. In that case, to which legal forum should the employee turn to get the roles and responsibilities authenticated as workmen?
From India, Bangalore
Acknowledge(0)Amend(0)
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Bombay HC on workman ID Act.pdf
Legal provision in ID Act 1947.doc