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Definition of Employee under various Acts
Human Resources » Industrial Law & Discipline


Chrm Message From: sbai Total Posts: 15 Join Date: 03/12/2008
Rank: Executive Post Date: 03/12/2008 10:40:12 Points: 75 Location: India

Dear All,

We are always confused about the defination of employee. Have a look on some definations under various labout Acts.

Definition of Employee under various Acts

Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959


2B Any person who is employed in an establishment to do any work for remuneration
Employee's Provident Fund and Miscellaneous Provisions Act, 1952

2F Any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of an establishment, and who gets his wages directly or indirectly from the employer, and includes any person- (i) employed by or through a contractor in or in connection with the work of the establishment; (ii) engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961, or under the standing orders of the establishment

2FF Exempted Employee: An employee to whom a Scheme or the Insurance Scheme, as the case may be would, but for the exemption granted under Section 17, have applied

Employees Provident Fund Scheme, 1952

2F Excluded Employee (i) an employee who, having been a Member of the fund, withdrew the full amount of his accumulations in the Fund under clause (a) or (c) of sub-paragraph (1) of Paragraph 69; (ii) an employee whose pay at the time he is otherwise entitled to become a Member of the Fund, exceeds five thousand rupees rupees per month; Explanation.-"Pay" includes basic wages with dearness allowance, retaining allowance (if any) and cash value of food concessions admissible thereon (iii) (iv) an apprentice; Explanation.-An apprentice means a person who, according to the certified standing orders applicable to the factory or establishment, is an apprentice, or who is declared to be an apprentice by the authority specified in this behalf by the appropriate Government Employee State Insurance (General Provident Fund) Rules, 1950

2(e) "Employee" means a person appointed to or borne on the cadre of the staff of the Corporation, other than persons on deputation;

Employee State Insurance Act , 1948

2(10) Exempted Employee: An employee who is not liable under this Act to pay the employee's contribution;

2(9) Employee Any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies and- (i) who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work of, the factory or establishment, whether such work is done by the employee in the factory or establishment or elsewhere; or (ii) who is employed by or through an immediate employer on the premises of the factory or establishment or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the factory or establishment or which is preliminary to the work carried on in or incidental to the purpose of the factory or establishment; or (iii) whose services are temporarily lent or let on hire to the principal employer by the person with whom the person whose services are so lent or let on hire has entered into a contract of service; and includes any person employed for wages on any work connected with the administration of the factory or establishment or any part, department or branch thereof or with the purchase of raw materials for, or the distribution or sale of the products of, the factory or establishment or any person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), or under the standing orders of the establishment; but does not include- (a) any member of the Indian naval, military or air forces; or (b) any person so employed whose wages (excluding remuneration for overtime work) exceed such wages as may be prescribed by the Central Government a month: Provided that an employee whose wages (excluding remuneration for overtime work) exceed such wages as may be prescribed by the Central Government a month at any time after and not before the beginning of the contribution period, shall continue to be an employee until the end of the period;

Minimum Wages Act , 1948

2I Any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed; and includes an out-worker to whom any articles or materials are given out by another person to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of that other person where the process is to be carried out either in the home of the out-worker or in some other premises not being premises under the control and management of that other person; and also includes an employee declared to be an employee by the appropriate Government; but does not include any member of the Armed Forces of the Union.

Payment of Bonus Act, 1965

2(13) Any person (other than an apprentice) employed on a salary or wage not exceeding three thousand and five hundred rupees per mensem in any industry to do any skilled or unskilled manual, supervisory, managerial, administrative, technical or clerical work of hire or reward, whether the terms of employment be express of implied

Payment of Gratuity Act, 1972

2E Any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semiskilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity.

The Sales Promotion Employees (Conditions Of Service) Act , 1976

2D Sales promotion Employees Any person by whatever name called (including an apprentice) employed or engaged in any establishment for hire or reward to do any work relating to promotion of sales or business, or both, but does not include any such person- (i) who, being employed or engaged in a supervisory capacity, draws wages exceeding sixteen hundred rupees per mensem; or (ii) who is employed or engaged mainly in a managerial or administrative capacity Explanation.---For the purposes of this clause, the wages per mensem of a person shall be deemed to be the amount equal to thirty times his total wages (whether or not including, or comprising only of, commission) in respect of the continuous period of his service falling within the period of twelve months immediately preceding the date with reference to which the calculation is to be made, divided by the number of days comprising that period of service Working Journalists and Other Newspaper Employees (Conditions of Service) and

Miscellaneous Provisions Act , 1955

2(c) Newspaper Employee "newspaper employee" means any working journalist, and includes any other person employed to do any work in, or in relation to, any newspaper establishment;

Hope this is of use to all.

SBai

 
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