I am working on a research project and in pursuance of the same, I am looking forward to having some relevant information regarding IT companies:
1. Whether IT companies fall under the Industrial Disputes Act or the Maharashtra Bombay Industrial Relations Act?
2. Do we need permission for the layoff/retrenchment of software engineers?
3. Are they covered under the definition of workmen?
4. Please shed some light on the relevant labor laws for IT and other service companies having all white-collar employees.
From India, Ahmadabad
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1. Whether IT companies fall under the Industrial Disputes Act or the Maharashtra Bombay Industrial Relations Act?
2. Do we need permission for the layoff/retrenchment of software engineers?
3. Are they covered under the definition of workmen?
4. Please shed some light on the relevant labor laws for IT and other service companies having all white-collar employees.
From India, Ahmadabad
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Dear all,
All IT companies are covered under the ID Act. However, if your company is located in Maharashtra, the BIR will be applicable to you. It is essentially a copy of the ID Act. According to the ID or BIR Act, it is not the designation that determines who is considered a workman or not, but rather the nature of duties. If your duties are of a managerial or supervisory nature, then you are not classified as a workman.
For instance, there was a case where the court ruled that an MBBS doctor working in a hospital is considered a workman due to the technical nature of their duties.
Thank you,
J. S. Malik
From India, Delhi
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174All IT companies are covered under the ID Act. However, if your company is located in Maharashtra, the BIR will be applicable to you. It is essentially a copy of the ID Act. According to the ID or BIR Act, it is not the designation that determines who is considered a workman or not, but rather the nature of duties. If your duties are of a managerial or supervisory nature, then you are not classified as a workman.
For instance, there was a case where the court ruled that an MBBS doctor working in a hospital is considered a workman due to the technical nature of their duties.
Thank you,
J. S. Malik
From India, Delhi
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Amended Labor Laws.doc
Labor Laws Modified.pdf
Labour laws.ppt