Oyster policy is denoted in purple.
An employee may be classified as a workman or a non-workman, and an employee’s entitlement to various benefits is contingent upon his or her classification.
Workman: This classification typically includes any person who is employed to do any manual, technical, operational, clerical or supervisory work.
Sales employees (except in West Bengal) are not treated as workmen if most of their work consists of building sales and promoting business.
Non-workman: Employees engaged in a managerial capacity, or a supervisory capacity and earning more than INR 10,000 (~135 USD) per month, are non-workmen. All other employees are considered to be workmen.
Most of the labor legislation regulates the employment conditions of workmen, which are subject to far greater statutory protections than non-workmen. The service conditions of non-workmen are typically governed by the terms of their contracts and the company’s internal policies. Determining whether an employee is a workman (or not) must be evaluated on a case-by-case basis.
For the positions of Chairman, Managing director, Chief Executive Officer, and Chief Financial Officer, the Ministry of Home Affairs will vet their appointment.
The employee’s category need not be mentioned in the employment agreement.
The CBA does not have any bearing on the ‘workman’ status.
Oyster has a “No Hire” List. This should always be consulted when considering Executives or C-Suite Hires in India.
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