A worker who shall be deemed to be employed in or
in connection with the work of an establishment when they are hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer and includes inter-State migrant worker but does not include a worker (other than part time employee) who is regularly employed by the contractor for any activity of their establishment and their employment is governed by mutually accepted standards of the conditions of employment (including engagement on
permanent basis), and gets periodical increment in the pay, social security coverage and other welfare benefits in accordance with the law for the time being in force in such employment
A person (other than an apprentice engaged under the Apprentices Act, 1961) employed on wages by an establishment to do any skilled, semi-skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical, clerical or any other work, whether the terms of employment be express or implied.
The definition of employee has been made consistent in all the new codes.
A person who employs, whether directly or through any
person, or on their behalf, or on behalf of any person, one or more employees in their establishment and who has ultimate control over the affairs of the establishment.
- Establishment:
- A place where any industry, trade, business, manufacturing or occupation is carried on in which ten or more workers are employed;
- Motor transport undertaking, newspaper establishment, audio-video production, building and other construction work or plantation, in which ten or more workers are employed; or
- Factory in which ten or more workers are employed
- A mine or port or vicinity of port where dock work is carried out
Any process or activity in relation to an industry or plantation where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, hazardous substances, wastes or effluents thereof or spraying of any pesticides, insecticides or chemicals used therein, as the case may be, would:
- cause material impairment to the health of the persons engaged in or
connected therewith, or
- result in the pollution of the general environment
- Principal employer:
- Any person responsible for the supervision and control of the establishment where contract labor is employed or engaged; or
- The owner or the occupier of the factory or, if relevant, the manager of the factory.
All remuneration whether by way of salaries, allowances or
otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes basic pay, dearness allowance, and retaining allowance, if any, but does not include (with some exceptions):
- bonuses payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment
- the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate Government
- any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;
- any conveyance allowance or the value of any travelling concession;
- any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment;
- house rent allowance;
- remuneration payable under any award or settlement between the parties or order of a court or Tribunal;
- any overtime allowance;
- any commission payable to the employee;
- any gratuity payable on the termination of employment;
- any retrenchment compensation or other retirement benefit payable to the employee or any ex gratia payment made to him on the termination of employment