Dear Members,
What is the difference between workers as defined in labour laws from non worker or management & staff category in terms of working conditions, benefits and separation/termination from service. What steps could be taken from the beginning of employment to avoid the first contention in litigation – denial by employer of the employer-employee relationship.
Khalil ur Rehman
From Pakistan, Karachi
1What is the difference between workers as defined in labour laws from non worker or management & staff category in terms of working conditions, benefits and separation/termination from service. What steps could be taken from the beginning of employment to avoid the first contention in litigation – denial by employer of the employer-employee relationship.
Khalil ur Rehman
From Pakistan, Karachi
A simple classification is that an employee who has no reportee under him is a worker whereas an employee who has at least one reportee under him is a non workman or supervisory employee.
Most of the new gen companies call their employees as associates/ partners, or give them positions like Asst Managers with a view to make them away from the purview of labour laws, ie, Industrial Disputes Act. But in real scenario, by calling the employees Associates or Partners or Managers, they will not become supervisors but it is the function, the authority that will decide whether a particular employee is a worker or not. A Pilot is a workman though his salary exceeds 3 lakhs per month. This is because no body reports to him administratively. At the same time, if he is given a right to sanction leave of some others under him, if he evaluates performance of somebody under him or if he has the right to initiate disciplinary action against any of the employees, he can be called a Supervisor.
From India, Kannur
Most of the new gen companies call their employees as associates/ partners, or give them positions like Asst Managers with a view to make them away from the purview of labour laws, ie, Industrial Disputes Act. But in real scenario, by calling the employees Associates or Partners or Managers, they will not become supervisors but it is the function, the authority that will decide whether a particular employee is a worker or not. A Pilot is a workman though his salary exceeds 3 lakhs per month. This is because no body reports to him administratively. At the same time, if he is given a right to sanction leave of some others under him, if he evaluates performance of somebody under him or if he has the right to initiate disciplinary action against any of the employees, he can be called a Supervisor.
From India, Kannur
Thanks for your reply. I also need your valuable opinion about 2nd part of query.
From Pakistan, Karachi
From Pakistan, Karachi
If someone is working for you, you cannot deny employee employer relationship. To be very frank, I am not an anti worker personnel Manager! In my opinion, whatever is available to them should be given to them. No strategical HR can give you a proper advise as to how to keep the employees away from their rights. many think that by giving them a fancy designation like managers, you can make them non worker. No that is not correct. You cannot run a business without workers and that is true. Therefore, if you expect that I will give a solution to make out a policy wherein the employees working for you have no employee status, I am sorry.
From India, Kannur
From India, Kannur
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