Labour Management

Labour Management

Definition of Worker and Workman IRA 2008

(Under Sub Section (xxix) of Section 2)

“Worker” and “Workman” means any and all persons not

falling within the definition of employer who is employed in an
establishment for industry for remuneration or reward either
directly or through a contractor, whether the terms of
employment be express or implied, and for the purpose of
any proceeding under this ordinance in relation to an
industrial dispute includes a person who has been
dismissed, discharge, retrenched, laid-off or otherwise
removed from employment in connection with or as a
consequence of that dispute or whose dismissal, discharge,
lay-off or removal has led to that dispute but dose not include
any person who is employed mainly in a managerial or
administrative capacity.
Labour Management

Definition of Employer IRA-2008

(Under Sub Section (f) of Section 2x)
“Employer” in relation to an establishment means any person or
body of person, whether incorporated or not, who or which
employs workmen in an establishment under a contract of
employment and includes-
(f) A contractor or an establishment of a contractor who or which
under takes to procure the labour or the services of workmen
for use by another person or in another establishment for
payment in any form and on any w\basis whatsoever
Labour Management

Type of Contractual Labor

• Through Contractor
• Job / Service Contract (By Contractor)
• Independent Contractor
Labour Management

Workers Employed Through Contractor

• Contractor supplies workers
• The workers are paid wages by contractor
• The contractor is paid on the basis of number of
workers supplied
• The workers so supplied work under the
supervision of main establishment
• The employer of main establishment is
responsible for all legal rights of the workers
Labour Management

Workers employed by the contractor

• The employer of main establishment give a job on contract
• The contractor employs the worker for execution of the job
• Wages paid by the contractor
• Contractor is paid on the basis of job done.
• The workers so employed remain under the control &
supervision of the contractor
• The Job contractor is responsible for all legal rights of the
workers
Labour Management

Employment Relationship

• The power of selection of employees

• The payment of wages or other remuneration
• The right of suspension or dismissal
Labour Management

To Avoid Employment Relationship

• Selection of employee
• Grant of leaves
• Signature of worker on company Documents
• Involve supervisor or Group Leaders
• No remuneration or recommendation on company
document
• Firing of employee
• Facilities of Company
Labour Management

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