Definition of Employee under various Acts

The Apprentice Act , 1961

“ Worker “ means any person who is employed for wages in any kind of work and gets
his wages directly from the employer but shall not include as apprentice referred to his
clause.

Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 2B

(b) "employee" means any person who is employed in an establishment to do any work for
remuneration;

Definition of ‘ worker ‘ under the Factories Act .

“ Worker" means a person employed, directly or by or through any 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 any 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 .
Workman under the Industrial Disputes Act 1947

(s) "workman" means any person (including an apprentice employed in any industry to do
any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or
reward, whether the terms of employment be express or implied, and for the purposes of any
proceeding under this Act in relation to an industrial dispute, includes any such person who
has been dismissed, discharged or retrenched in connection with, or as a consequence of, that
dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not
include any such person- (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the
Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (ii) who is employed in
the police service or as an officer or other employee of a prison; or (iii) who is employed
mainly in a managerial or administrative capacity; or (iv) who, being employed in a
supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem
or exercises, either by the nature of the duties attached to the office or by reason of the
powers vested in him, function mainly of a managerial nature.]

Employee's Provident Fund and Miscellaneous Provisions Act, 1952

2F Any person who is employed for wages in any kind of work, manual or otherwise, in or in
connection with the work of an establishment, and who gets his wages directly or indirectly
from the employer, and includes any person- (i) employed by or through a contractor in or in
connection with the work of the establishment; (ii) engaged as an apprentice, not being an
apprentice engaged under the Apprentices Act, 1961, or under the standing orders of the
establishment

2FF Exempted Employee: An employee to whom a Scheme or the Insurance Scheme, as the
case may be would, but for the exemption granted under Section 17, have applied Employees
Provident Fund Scheme, 1952 2F Excluded Employee (i) an employee who, having been a
Member of the fund, withdrew the full amount of his accumulations in the Fund under clause
(a) or (c) of sub-paragraph (1) of Paragraph 69; (ii) an employee whose pay at the time he is
otherwise entitled to become a Member of the Fund, exceeds five thousand rupees rupees per
month; Explanation.-"Pay" includes basic wages with dearness allowance, retaining
allowance (if any) and cash value of food concessions admissible thereon (iii) (iv) an
apprentice; Explanation.-An apprentice means a person who, according to the certified
standing orders applicable to the factory or establishment, is an apprentice, or who is declared
to be an apprentice by the authority specified in this behalf by the appropriate Government

Employee State Insurance (General Provident Fund) Rules, 1950 2(e) "
Employee" means a person appointed to or borne on the cadre of the staff of the Corporation,
other than persons on deputation;

Employee State Insurance Act , 1948

2(10) Exempted Employee: An employee who is not liable under this Act to pay the
employee's contribution; 2(9) Employee Any person employed for wages in or in connection
with the work of a factory or establishment to which this Act applies and- (i) who is directly
employed by the principal employer on any work of, or incidental or preliminary to or
connected with the work of, the factory or establishment, whether such work is done by the
employee in the factory or establishment or elsewhere; or (ii) who is employed by or through
an immediate employer on the premises of the factory or establishment or under the
supervision of the principal employer or his agent on work which is ordinarily part of the
work of the factory or establishment or which is preliminary to the work carried on in or
incidental to the purpose of the factory or establishment; or (iii) whose services are
temporarily lent or let on hire to the principal employer by the person with whom the person
whose services are so lent or let on hire has entered into a contract of service; and includes
any person employed for wages on any work connected with the administration of the factory
or establishment or any part, department or branch thereof or with the purchase of raw
materials for, or the distribution or sale of the products of, the factory or establishment or any
person engaged as an apprentice, not being an apprentice engaged under the Apprentices Act,
1961 (52 of 1961), or under the standing orders of the establishment; but does not include- (a)
any member of the Indian naval, military or air forces; or (b) any person so employed whose
wages (excluding remuneration for overtime work) exceed such wages as may be prescribed
by the Central Government a month: Provided that an employee whose wages (excluding
remuneration for overtime work) exceed such wages as may be prescribed by the Central
Government a month at any time after and not before the beginning of the contribution
period, shall continue to be an employee until the end of the period;

Minimum Wages Act , 1948

2I Any person who is employed for hire or reward to do any work, skilled or unskilled,
manual or clerical, in a scheduled employment in respect of which minimum rates of wages
have been fixed; and includes an out-worker to whom any articles or materials are given out
by another person to be made up, cleaned, washed, altered, ornamented, finished, repaired,
adapted or otherwise processed for sale for the purposes of the trade or business of that other
person where the process is to be carried out either in the home of the out-worker or in some
other premises not being premises under the control and management of that other person;
and also includes an employee declared to be an employee by the appropriate Government;
but does not include any member of the Armed Forces of the Union.

Payment of Bonus Act, 1965

2(13) Any person (other than an apprentice) employed on a salary or wage not exceeding
three thousand and five hundred rupees per mensem in any industry to do any skilled or
unskilled manual, supervisory, managerial, administrative, technical or clerical work of hire
or reward, whether the terms of employment be express of implied

Payment of Gratuity Act, 1972

2E Any person (other than an apprentice) employed on wages, in any establishment, factory,
mine, oilfield, plantation, port, railway company or shop, to do any skilled, semiskilled, or
unskilled, manual, supervisory, technical or clerical work, whether the terms of such
employment are express or implied, and whether or not such person is employed in a
managerial or administrative capacity, but does not include any such person who holds a post
under the Central Government or a State Government and is governed by any other Act or by
any rules providing for payment of gratuity.

employee" means any person (other than an apprentice) employed on wages, in any
establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any
skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether
the terms of such employment are express or implied, [4] [and whether or not such person is
employed in a managerial or administrative capacity, but does not include any such person
who holds a post under the Central Government or a State Government and is governed by
any other Act or by any rules providing for payment of gratuity].

The Sales Promotion Employees (Conditions Of Service) Act , 1976

2D Sales promotion Employees Any person by whatever name called (including an

apprentice) employed or engaged in any establishment for hire or reward to do any work
relating to promotion of sales or business, or both, but does not include any such person- (i)
who, being employed or engaged in a supervisory capacity, draws wages exceeding sixteen
hundred rupees per mensem; or (ii) who is employed or engaged mainly in a managerial or
administrative capacity Explanation.---For the purposes of this clause, the wages per mensem
of a person shall be deemed to be the amount equal to thirty times his total wages (whether or
not including, or comprising only of, commission) in respect of the continuous period of his
service falling within the period of twelve months immediately preceding the date with
reference to which the calculation is to be made, divided by the number of days comprising
that period of service

Working Journalists and Other Newspaper Employees (Conditions of Service) and

Miscellaneous Provisions Act , 1955
2(c) Newspaper Employee "newspaper employee" means any working journalist, and
includes any other person employed to do any work in, or in relation to, any newspaper
establishment;

The Contract Labour Regulation and Abolition Act. 1970

"workman" means any person employed in or in connection with the work of any
establishment to do any skilled, semiskilled or un-skilled manual, supervisory, technical or
clerical work for hire or reward, whether the terms of employment be express or implied, but
will not include any person who is employed mainly in a managerial or administrative
capacity; or who, being employed in a supervisory capacity draws wages exceeding five
hundred rupees per mensem or who is an out-worker, that is to say, a person to whom any
articles or materials are given out by or on behalf of the Principal employer .

The Payment of Gratuity Act 1970.

"Employee" means any person (other than an apprentice) employed on wages in any
establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any
skilled, semi- skilled, or unskilled, manual, supervisory, technical or clerical work,
whether the terms of such employment are express or implied, and whether or not such
person is employed in a managerial or administrative capacity, but does not include any
such person who holds a post under the Central Government or a State Government
and is governed by any other Act or by any rules providing for payment of gratuity.

The Maternity Benefit Act

"Woman" means a woman employed, whether directly or through any agency, for wages
in any establishment.

The Payment of Wages 1936

"employed person" includes the legal representative of a deceased employed person;

The Plantation Labour Act

"worker" means a person employed in a plantation for hire or reward, whether directly or
through any agency, to do any work, skilled, unskilled, manual or clerical, but does not
include—
(i) a medical officer employed in the plantation;
(ii) any person employed in the plantation (including any member of the medical staff)
whose monthly wages exceed 1*[rupees seven hundred and fifty];
(iii) any person employed in the plantation primarily in a managerial capacity,
notwithstanding that his monthly wages do not exceed [rupees seven hundred and fifty];
or
(iv) any person temporarily employed in the plantation in any work relating to the
construction, development or maintenance of buildings, roads, ridges, drains or canals.

The Industrial Establishment standing Orders Act 1946

"workman" have the meanings assigned in (s) of section 2 of the Industrial Disputes
Act, 1947 (14 of 1947)].
The Mine Act 1952
A person working or employed in or in connection with mine is said to be working or
employed- (a) "below ground " if he is working or employed- (i) in a shaft which has been or
is in the course being sunk ; or (ii) in any excavation which extends below superjacent ground
; and (b) "above ground " if he is working in an open cast working or in any other manner not
specified in clause

Section 2(h):
Employed In A Mine
a person is said to be 'employed' in a mine who works as the manage or who works under
appointment by the owner, agent or manager of the mine or with the knowledge of the manager,
whether for wages or not-
(i) in any mining operation (including the concomitant operations of handling and transport of minerals
up to the point of dispatch and of gathering sand and transport thereof to the mine);
(ii) in operations or services relating to the development of the mine including construction of plant
therein but excluding construction of buildings, roads, wells and any building work not directly
connected with any existing or future mining operations;
(iii) in operating, servicing, maintaining or repairing any part of any machinery used in or about the
mine;
(iv) in operations, within the premises of the mine, of loading for despatch of minerals;
(v) in any office of the mine ;
(vi) in any welfare, health, sanitary or conservancy services required to be provided under this Act, or
watch and ward, within the premises of the mine excluding residential area; or
(vii) in any kind of work whatsoever which is preparatory or incidental to, or connected with, mining
operations;

The Motor Transport Act 1961

(h)"motor transport worker" means a person who is employed in a motor transport

undertaking directly or through an agency, whether for wages or not, to work in a
professional capacity on a transport vehicle or to attend to duties in connection with the
arrival, departure, loading or unloading of such transport vehicle and includes a driver,
conductor, cleaner, station staff, line checking staff, booking clerk, cash clerk, depot clerk,
time-keeper, watchman or attendant, but except in section 8 does not include-- (i) any such
person who is employed in a factory as defined in the Factories Act, 1948 (63 of 1948); (ii)
any such person to whom the provisions of any law for the time being in force regulating the
conditions of service of persons employed in shops or commercial establishments apply;

The Beedi and Cigar workers (conditions of employment )Act 1966

“Employee” means any person employed directly or through any agency , whether for wages
or not, in any establishment to do any work, skilled , unskilled manual or clerical and
includes
1, any labour who is given raw material by any employer or a contractor for beging made
into beedi or cigar or both at home ( home workers ) and
2, any person not employed by an employer or contractor but working with the permission of
or under agreement with the employer or contractor)
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979.

Section 2 (j) defines "workman" means any person employed in or in connection with the
work of any establishment to do any skilled, semi-skilled or unskilled, manual, supervisory,
technical or clerical work for hire or reward, whether the terms of employment be express or
implied, but does not include any such person-

(i) who is employed mainly in a managerial or administration capacity; or

(ii) who, being employed in a supervisory capacity, draws wages exceeding five hundred
rupees per mensem, or exercises, either by the nature of the duties attached to the office or by
reason of the powers vested in him, functions mainly of a managerial nature.

THE CINE-WORKERS AND CINEMA THEATRE WORKERS (REGULATION OF

EMPLOYMENT) ACT, 1981

(c) "cine-worker" means an individual--

(i) who is employed, directly or through any contractor or other person, in or in

connection with the production of a feature film to work as an artiste (including actor,
musician or dancer) or to do any work, skilled, unskilled, manual,
supervisory, technical, artistic or otherwise; and
(ii) whose remuneration with respect to such employment in or in connection with the
production of such feature film does not exceed, where such remuneration is by way of
monthly wages, a sum of one thousand six hundred rupees per month, and where such
remuneration is by way of a lump sum, a sum of fifteen thousand rupees;

The Equal Remuneration Act 1976

(i) "worker" means a worker in any establishment or employment in respect of which

this Act has come into force; (j) words and expressions used in this Act and not
defined but defined in the Industrial Disputes Act, 1947 (14 of 1947), shall have
the meanings respectively assigned to them in that Act.