DEFINITIONS - LABOUR LAWS

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
  
  1. 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:
  1. Any remuneration payable under any award or settlement between the parties or order of a court;
  2. 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:
  1. Any contribution paid by the employer to any person or provident fund and the interest which may have accrued thereon;
  2. Any travelling allowance or the value of any travelling concession
  3. 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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