Labour welfare fund

Harish (Querist) 03 January 2020 This query is : Resolved
Hello Experts,

In my company employees categories are from Support Staff, Executive, Assistant Manager, Associate Manager, Manager, Divisional Manager, AVP and VP etc..

As per the defination of "Employees" (MLWF) means any person who is employed for hire or reward to do any work, skilled or unskilled, manual, clerical, supervisory or technical in an establishment directly by the employer or through contractor or any other agency.

Exceptions are who are in a managerial capacity and supervisory capacity, draws wages exceeding three thousand and five hundred rupees per mensem.

Now, I am not able to find out the defination of who are managerial capacity and supervisory capacity. If I refer the factories Act or Shop Act then all employees are covered under the defination of Workers.

What are your views on this?

Thanks in advance and Happy New Year 2020 !!

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Quick Summary

This discussion clarifies the definition of 'employees' for the Labour Welfare Fund (LWF), particularly concerning managerial and supervisory roles. While specific definitions for these roles aren't provided under LWF, the consensus is that individuals who direct work, review performance, have administrative responsibilities (like leave sanctioning), or oversee daily tasks of subordinates are generally excluded from LWF contributions. It's advised to consider employee grades, organisational hierarchy, and job nature when making final determinations.

Adv Shailendra Deshpande (Expert) 05 January 2020
There is NO particular definition for Manager and Supervisor for LWF. But is is considered as the person who can give directions for work, can review performance of work and persons and also have administrative responsibilities like sanctioning of leaves, expenses of his subordinates is treated as Manager and excluded from LWF contribution.
Also the person who has responsibility to review of assigned tasks on daily basis of his subordinates is treated as Supervisor and excluded from LWF contribution.
You need to check the grades of employees, organization hierarchy and nature of jobs before finalization of inclusion and exclusions of your query.

ashok kumar singh (Expert) 07 January 2020
agree with earlier expert's opinion,

thanks' & regards'

ashok kumar singh,
advocate

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