ID Act Amendment Enforced - Its Impact - Business Manager - HR Magazine Update

Acc. to Sec. 1(2) of the Amendment Act, 2010: It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.Hence, separate Gazette notification is necessary to make the amendments effective from such date as appointed

It has already come in to force vide notification No.S.O.2278(E) dt. 15.09.2010
regds
anil kaushik

Dear Member,
It seems that you have not gone through the attachment made by Mr. Anil Kaushik. It is clearly mentioned in this attachment that in exercise of the powers conferred by sub-section 2 of section 1 of the Industrial Disputes ( Amendment) Act, 2010 the Central Govt. hereby appoints the 15th Day of September 2010 as the date on which the same Act shall come into force - Ravi Mathur Adll. Secy.
Now if this is not correct then let us know what is the position as on today.
Regards,
R.N.Khola

Mr Anil Kushik,
Thank you for sharing valuable amendment.
1. Notification is published ?
2. In this definition clerical or supervisory work drawing wages up to Rs. 10000/- will be a workman. But clerical
people are getting salary. is it same ?
3. Now Supervisory work also included what are the indicators.
I request every member to share view on this.
Mukund Shouche

Dear Friend,
I have already clarified the points in the same thread some time back. you are requested to pl.go through all relevant postings in the thread.
regds
anil kaushik

After going through the amendment, the status of workmen is as per the definition given in Section 2(s) of the I.D. Act. Therefore, setting up a grievance committee will include the temps from the staffing company. Though they are not direct employees of the company, since the Act is applicable, they will be covered. The staffing industry will be considered an industry because it is covered under the definition of industry.

Dear Sh. Anil,

Thank you for sharing the information. I look forward to more valid amendments like this. It would be great if you could also share articles on the subject.

Regards,
SVS Rao

Dear Friends,

As per the ID Act Amendment, Section 9C was introduced. By that, the setting up of Grievance Redressal Machinery became a statutory need:

Section 9C is extracted:

9C. (1) Every industrial establishment employing twenty or more workmen shall have one or more Grievance Redressal Committee for the resolution of disputes arising out of individual grievances.

(2) The Grievance Redressal Committee shall consist of an equal number of members from the employer and the workmen.

(3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and among the workmen alternatively on a rotation basis every year.

(4) The total number of members of the Grievance Redressal Committee shall not exceed more than six:

Provided that there shall be, as far as practicable, one woman member if the Grievance Redressal Committee has two members, and in case the number of members is more than two, the number of women members may be increased proportionately.

(5) Notwithstanding anything contained in this section, the setting up of Grievance Redressal Committee shall not affect the right of the workman to raise an industrial dispute on the same matter under the provisions of this Act.

(6) The Grievance Redressal Committee may complete its proceedings within thirty days on receipt of a written application by or on behalf of the aggrieved party.

(7) The workman who is aggrieved by the decision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of the Grievance Redressal Committee, and the employer shall, within one month from the date of receipt of such appeal, dispose of the same and send a copy of his decision to the workman concerned.

HR professionals may provide their feedback in this thread on their experience in setting up this Grievance Redressal Machinery in their respective organizations.

With Regards,

Advocates & Notaries - Legal Consultants - HR

Email: rajanassociates@eth.net

Mobile: 9025792684

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Mr. Kaushik,

Sir,

You have provided very useful information. Thank you for that. But please clarify one thing: "Does a workman who is drawing a gross salary of less than 10,000/- or equal only have the right to go to the Labour court, or can a workman drawing a salary of more than 10,000/- also go to the Labour court?" Please clarify.

Thanks once again,

S.N. Choudhury

Personnel Officer

IDTR, JSR

Dear Sir,

A workman drawing 10,000 or more can also approach the labour court or labor department authorities for redressal of his complaint, provided his duties are not of a supervisory or managerial nature.

Regards,
Anil Kaushik