restriction

advocate satya (Querist) 15 September 2008 This query is : Resolved
sir,
is there any restriction under labour law which says person upto this salary slab can only defined as labour? suppose a person working as manager in a company and drawing salary 20000/ rs, is he not come under labour act,what is the appropriate forum for employees working in call centres?

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H. S. Thukral (Expert) 15 September 2008
If a person is doing managerial/administrative work, he is not a workman under the ID Act irrespective of salary he is drawing. If he is doing supervisory duties and his salary is over 1500 he is not a workman. The status of an employee as a workman under the ID Act is determined on the bais of nature of duties he is performing. Employees working in call centre may be performing duties where an independent decision has to be taken or counseling the customer is required. In such cases he may not be a workman but if he has to follow established guidelines given by his superiors and his work is just mechnical then he may come under workman category. Salary/allowance are irrelvant.
If a person has been designated as manager, first thing comes to mind is that he performing duties of administrative nature but if claims to be a workman under the Industrial Disputes Act, he shall have to unveil nature of his duty and his designation will not come in the way. If the employee is not a workman, he would have to choose his remedy under civil law.