Can A Assistant Manager Approach Labour Office, Issue Related To Forced Resignation?

Dear All,

Can an Assistant Manager approach the labor office regarding issues related to forced resignation?

Labour court will entertain matters related to a 'workman' under the ID Act. Mere designation of "Assistant Manager" cannot be used to determine the status. In order to determine whether an employee falls within the category of workman or not, first his nature of duties has to be ascertained.

Assuming that this Assistant Manager falls within the category of workman, he first needs to send a letter with acknowledgment to the company stating that he was asked to resign forcefully and request to cancel such letter and let him continue his job. Thereafter, if the company does not allow him to join, then he may approach the labour commissioner to raise the dispute.

In all probability, the Assistant Manager will not fall under the category of Workman, although his charter of duties will clarify this point.

In case he does not fall under this category, then he may send a legal notice. Based on the reply, or in case no reply is received, the court can be approached.

Best wishes,

Col. Suresh Rathi

Dear All,

1. I am a bit confused about the basic salary. Should it be equal to the minimum wage as per the state decided? Does it mean total wages = basic + DA + HRA + Con + others?

2. In the bonus act, is the 21K limit based on the basic salary or Gross?

Please help.

Hi,

Irrespective of the designated nature of duty, it will determine whether he/she falls within the purview of a workman or not. However, if he/she is engaged in managerial or supervisory activities such as having signing authority, directing juniors, performance evaluation and data analysis, planning to enhance the sales, etc., cannot fall within the definition of a workman under Section 2(S) of the ID Act, 1948.

With regard to your second query: it's not necessary to have basic salary equal to minimum wages. It can be split into certain allowances like HRA, Conveyance, LTA, Medical reimbursement, etc., provided that the gross salary should not be less than the minimum wages prescribed by the state government under Section 3 of the Minimum Wages Act. Also, the basic salary should not be less than 50% of gross to contribute to statutory benefits like EPF, Bonus, Gratuity.

The bonus threshold limit under Section 2(13) is basic plus DA, should not be more than 21,000.

Thanks & Regards,
V SHAKYA
HR & Labour Laws Advisor

An employee designation will never determine the workmen status. If he is not vested with the power of sanctioning leave to the people reporting to him, then he will come under the status of workmen, and he can approach the legal machineries.

With regard to the wages, Basic DA and HRA are treated as wages under section 2 (h) of the MW Act. For bonus, only Basic and DA will be treated as wages under the PB Act.

Dear,

Can you please share the copy where it mentions that in the bonus act, the word "wages" means basic + DA?