Who is a worker in the factory. In our factory all the workers are getting salary of 18,000 to 22,000. They are ITI qualified.
Are they coming under the definition of workers. In that case, if we want to file all the returns as usual?

From India, Madras
Dear Ashok,
As per legal provisions in STanding orders, the workmen who draws wages upto Rs. 1600/- per month called as worker and who do skilled, unskilled, manual job etc. The defination mentioned in I.D. act. Pl. refer.
Nowdays, nobody drawing Rs. 1600/- wages and Govt. has not done any changes in labour laws.
However, you can define your people as worker as per their nature of Job as provided in I.D.Act.
regs,
Bhushan Dahanukar

From India, Mumbai
Dear Friend,

The Factrories 1947 says about "Worker" as under:

(l) "worker" means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the union;

But, no whare any remunaration has mentioned. But according the Contract Labour (R&A) Act the 'Worker'

(i) "workman" means, any person employed, in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied but does not include any such person - (A) who is employed mainly in a managerial or administrative capacity; or

(B) who, being employed in a supervisory capacity draws wages exceeding One thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature; or

(C) who is an out-worker, that is to say, a person to whom any articles and materials are given out by or on behalf of the principal employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of the principal employer and the process is to be carried out either in the home of the out-worker or in some other premises, not being premises under the control and management of the principal employer.

So, Please go through the act and conclude your self.

Regards,

PBS KUMAR

From India, Kakinada
Dear Ashok,
Pl. refer the defination of worker under Indusrial Disputes Act.
Wages may like anything, but find the nature of their job. If it is not Supervisory or managerial then they called as Worker or Workman.
regs
Bhushan

From India, Mumbai
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