worker

WORKER

Table of Contents

WORKER

The term Worker is defined under section 2(l) of the factories act, 1948. A worker means a person employed directly or by or through by agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process or in cleaning part of the machinery or premises used for a manufacturing process or in any other kind of work incidental to or connected with, the manufacturing process or the subject of the manufacturing process, but does not include any member of the armed forces of the union.”

In simple words, worker may be defined as a person who is employed directly or through any agency with or without any remuneration and engaged in any work connected with or incidental to manufacturing process.

CONDITIONS TO BE FULFILLED TO BECOME A WORKER

A person is regarded as a worker within the meaning of section2 (I) of the act, if the following conditions are being fulfilled:

  • The person must be employed by the owner or occupier of the factory.
  • The person must be employed in the establishment either directly or indirectly.
  • The person must be employed in the factory with or without wages.
  • Person must be employed for any kind of manufacturing process.

PERSONS HELD TO BE WORKERS

  • Persons selling manufacturing articles in the factory.
  • A watch if it is proved that any activity performed by him is directly or indirectly related to the manufacturing process carried on in the factory.
  • An artist of he receives remuneration for work connected with the manufacturing process.
  • Time keepers employed in the factory.
  • Persons employed in manufacturing of cigars on piece work system.

PERSONS NOT HELD TO BE WORKERS

  • A bidi contractor or workers employed by him who are paid by piece work and who take work from home.
  • Partners working in their business.
  • Pupils who are trained in wood work in a technical institute.
  • Coolies employed by an independent contractor within the factory premises.
  • Field workers employed for guiding, supervising and controlling the growth of sugarcane to be used in the factory.

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