Industrial & Labour Laws

Apart from the individual terms of the letter of appointment of employees concern, so far it relates to the matter of employments of workers, employees and other managerial or administrative staff including supervisor's functions mainly as managerial nature, the workmen or employee as define under various laws are :-

As per the section 2 (s) of Industrial Disputes Act, 1947 the 'Workman" means any person (including an apprentice) in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire and reward. It does not include-person employed mainly in managerial or administrative capacity, or who, being employed in a supervisory capacity, draws wages exceeding 1600/- per anmum or exercise, functions mainly of a managerial nature.

As per the section 2 (f) of the Employees Provident Funds and Miscellaneous Provisions Act 1952 the 'Employee" means 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.

As per the section 2 (i) of Minimum Wages, 1948 the 'Employee" means any person who is employed for hire and reward to do any work, skilled or unskilled, manual or clerical, in a schedule employment in respect of which minimum rate of wages have been fixed.

As per the section 2 (6) of Shops and Commercial Establishment Act, 1958 the 'Employee" means any person wholly or principally employed in, or in connection with any establishment and includes an apprentice.

Further the "workmen" also include contract worker, casual workers, migrant workmen, including sales promotion employees as defined in Section 2(d) of Sales promotion Employees (Condition of Service) Act, 1976.

In India the Law is codified, which not only help us to understand its procedure & technicalities, but also provides fair and transparent opportunity to contest. Though the law is very vast but to give a brief idea the relevant and important legislations, related to the subject, are :-


Hospitality Industry Affairs

The bone of the hospitality industry is tourism, either foreign or domestic. Though tourism policies and investments are made by the concerned government, but huge private investments are always involved to develop the required infrastructure for it. The Hotels/units under the hospitality sector are normally registered under the provisions the Shops and Commercial Establishment Act, 1958 as a Commercial Establishment in India, therefore, apart from the terms of the individual contract between the Owner and the Operator, the basic matters relating to employment of the employees are governed under the provisions of this Act. Since the wages were not defined under the Act of 1958, therefore the relevant provisions of the Payment of Wages Act, 1936 and the Minimum Wages, 1948 should also apply.

The Shops and Commercial Establishment Act, 1958 further provides procedure of dismissal, discharge and termination of service of employees as define under section 28-A of the Act and provides safeguard as to at least one month prior notice and the payment of one month's wages in lieu of such notice.


Corporate Employment and Services

In corporate sector the employees and their service conditions are often mentioned in letter of appointment. The employer develops policies according to requirements and business conditions. The appraisals are offered on target basis and apart from the individual terms of the letter of appointment of employees concern, their employment always remains subject to the prevailing laws.

As per the Shops and Commercial Establishment Act, 1958 the Employee means any person wholly or principally employed in, or in connection with any establishment and includes an apprentice.

In India the Law is codified, which not only help us to understand its procedure & technicalities, but also provides fair and transparent opportunity to contest. Though the law is very vast but to give a brief idea the relevant and important legislations, related to the subject, are :-

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