DEFINITIONS
BY
SMART LEARNING WAY
1.
Industry [section2(j)]
2.
Industrial Dispute [section2(k)]
3.
Factory
[section2(m)]
4.
Wage
[section2(rr)]
5.
Salary
[section2(21)]
6.
Employee [
section 2 (9)]
7.
Workman[section2(s)]
8.
Bonus
9.
Accident
10.
Lockout[section2(l)]
11. Worker [section2(1)]
12. Retrenchment
[section2(oo)]
13. Strikes
[section2(q)]
14. Occupier [section2(n)]
15. Working
Hours
16. Trade
union [section2(h)]
17. Labour
Law
- Industry [section2(j)]
It means any
business, trade, undertaking, manufacturing or
calling of employers
and includes any
calling, service, employment,
handicraft or industrial
occupation or avocation
of workmen.
The definition
is both exhaustive
and inclusive and
is very comprehensive
in scope. It
is in two
parts. One part of
it defines industry
from the standpoint
of the employer;
the other from
the standpoint of
the employee.
2.
Industrial Dispute (section2k)
Industrial dispute
means any dispute
or difference between
employers and employers
or between employers
and workmen, or
between workmen and
workmen, which is
connected with the
employment or non-employment or
the terms of
employment or with
the conditions of
labour, of any person.
3. Factory [section2(m)]
The term “Factory”
means:
a)Whereon
ten or more
workers are working, or were on
any day of the preceding twelve months, and in any part of which a manufacturing
process is being carried
on with the
aid of power or is ordinarily so carried on, or
b)
Whereon twenty or
more workers are working, or were on any day of the preceding
twelve months, and in any part of which a
manufacturing process is
being carried on without
the aid of
power or is ordinarily so carried on,
But does not include a mine
subject to the operation of the Indian Mines Act,1952, or a mobile unit
belonging to the armed force of the Union, a railway running shed or a hotel
restaurant or eating place.
4. Wage [section2(rr)]
“Wages” means all remuneration expressed in
terms of money or capable of being so expressed which, if the terms of
employment express or implied were fulfilled, would be payable to a person
employed in respect of his employment or of work done in such employment. It
includes:
- Any
remuneration payable under any award or settlement between the parties or
order of a court;
- Any
remuneration to which the person employed is entitled in respect of
overtime work or holidays or any leave period;
3.
Any some to which the person employed is entitled under any scheme framed under any law for the time being in force.
However, it does not include:
- Any
contribution paid by the employer to any person or provident fund and the
interest which may have accrued thereon;
- Any travelling
allowance or the value of any travelling concession
- Any gratuity
payable on the termination of employment.
5. Salary [section2(21)]
“salary or wage” means all remuneration other
than remuneration in respect of over-time work, capable of being expressed in
terms of money, which would, if the terms of employment, express or implied,
were fulfilled, be payable to an employee in respect of his employment or of
work done in such employment. It
includes dearness allowance, i.e., all cash payments, by whatever name
called, paid to an employee on account of a rise in the cost of living. But
does not term include-
(i) any other allowance which the employee is for the time being entitled
to;
(ii) the value of any house accommodation or
supply of light, water, medical attendance or other amenity or of any service
or of any
concessional supply of food grains or other
articles;
(iii) any traveling concession;
(iv) any bonus (including incentive,
production and attendance bonus);
(v) any contribution paid or payable by the
employer to any pension fund or provident fund or for the benefit of the
employee under any law for the time being in force;
(vi) any retrenchment compensation or any
gratuity or other retirement benefit payable to the employee or any ex gratia
payment made to him;
(vii) any commission payable to the employee.
6.Employee
A person who is hired to provide services to a
company on a regular basis in exchange for compensation and who does not
provide these services as part of an independent business.
7. Workman[section2(s)]
“Workman means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person:
1. who is subject to
the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or
the Navy Act, 1957 (62 of 1957); or
2. who is employed in
the police service or as an officer or other employee of a prison; or
3. who is employed
mainly in a managerial or administrative capacity; or
4. who, being employed
in a supervisory capacity, 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.
8.Bonus
Bonus is compensation
for employees for work performed; they are paid in addition to salary or wages.
Bonuses are considered compensation if (per the IRS) they "arise out of an
employment relationship or are associated with the performance of
services." Bonuses are considered taxable to employees, but are considered
an expense of doing business and are, in most cases, a tax benefit to the
employer.
Bonuses may also be
paid to shareholders and owners of a company. The tax benefit of these payments
to the company is limited, depending on the type of legal entity.
9.Accident
An accident is as an unlooked for mishap or
untoward event which is not expected or designed. Thus a self-inflicted injury
is not an accident ordinarily. In one case a person become in sane as a result
of accident and then committed suicide.It was held that death was the result of
the accident and compensation was awarded.
10.Lockout[section2(l)]
Lockout means
the closing of
a place of
employment, or the
suspension of work,
or the refusal
by an employer
to continue to
employ any number
of persons employed
by him [Section2(I)].
11. Worker [section2(1)]
"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.
12. Retrenchment [section2(oo)]
Section 2 (oo) defines
Retrenchment as, “the termination by the employer of the service of a workman
for any reason whatsoever, Otherwise than as a punishment inflicted by way of
disciplinary action.”
13. Strikes [section2(q)]
According to sec.2 (q) of the Strikes define as,” A cessation of work by
body of persons employed in any industry acting in combination, or a concerted
refusal, or a refusal under a common understanding, of any number of persons
who are or have been so employed to continue to work or to accept
employment.”
14. Occupier [section2(n)]
"occupier"
of a factory means the person who has ultimate control over the affairs of the
factory, in the case of a firm or other association of individuals, any one of
the individual partners or members thereof shall be deemed to be the occupier;
in the case of a company, any one of the directors shall be deemed to be the
occupier; in the case of a factory owned or controlled by the Central
Government or any State Government, or any local authority, the person
appointed to manage the affairs of the factory Government shall be deemed to be
the occupier.
15. Working Hours
A
worker cannot be employed for more than 48 hours in a week.(section 51). Weekly
holiday is compulsory. If he is asked to work on weekly holiday, he should have
full holiday on one of three days immediately or after the normal day of
holiday(section 52(1))he cannot be employed for more than 9 hours in a
day.(section 54).at least half an hour rest should be provided after 5 hours.
(section 55).
16. Trade union [section2(h)]
According to sec.2 (h) of
the Trade union define as,” Any combination, whether temporary or permanent
formed primarily for the purpose of regulating the relations between workmen
and employers or workmen and workmen or between employers inter se or for
imposing restrictive conditions on the conduct of any trade or business, and
includes any federation of two or more Trade union.”
17. Labour
law
Laws that define the rights of employees in the United States and
protect them from employer retaliation for exercising those legal rights or
reporting violations to the proper authorities.
BIBLIOGRAPHY
Ø P. SARAVANAVEL,S. SUMATHI ”LEGAL SYSTEMS IN
BUSINESS “
HIMALAYA PUBLISHING HOUSE
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