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No, employees who are working under the managerial or administrative capacity are not workers under the said code. As per the definition of worker enumerated under the Industrial Relations Code, any person who is involved in any manual, unskilled, skilled, technical, operational, clerical or supervisory work in exchange for wages is called a worker. It may be noted here that employees in a supervisory capacity drawing wages exceeding 18 thousand per month are also out of the ambit of worker’s definition.

As per the new Code, an employer includes a person or any authority who has ultimate control over the affairs of the establishment, manager or managing director in the case where such authority is with these designated persons, contractor and legal representative of a deceased employer. In the case of a factory, the occupier of the establishment is an employer.

When an employee provides his/her uninterrupted service for a specified period as given under labour laws, then he/she is said to be called in continuous service. It may be noted here that such interrupted service also includes the reason like sickness, accident, leave, absence from duty without leave, lay off, strike, or a lock-out or cessation of work not due to any fault of the employee which might interrupt the service of the employee.

According to the definition given under the new Code, wages include all the remuneration whether by salaries, allowances or otherwise. So, basic pay, dearness allowance and retaining allowance are covered under the definition of wages. Howbeit, certain allowances don’t come under the wages for example bonus, the value of house accommodation, contribution to any pension and provident fund, conveyance or travelling allowance, house rent, overtime allowance and gratuity amount etc.

Earlier, the Payment of Wages Act was applicable to the employees who are earning a salary below INR 24,000/- per month. However, the Code does not specify any salary limit; therefore, the provisions related to the payment of wages in the Code will be applicable to all the employees.

Every employee who is getting a salary as specified by the Govt. through notification will be eligible for the bonus. The second condition to become eligible is that the employee must have worked for at least 30 days in an accounting year.

Gratuity is a lump sum amount that your employer pays you when you retire or resign from the establishment. It is paid at the time of superannuation when you retire or resign at any age. In the event of the demise of the employee, the gratuity is paid to the nominees of such a deceased employee. An employee does not contribute any portion of his/her salary towards this amount.   

Yes, an employee as well nominees of the employee can make their claim for gratuity even before completion of 5 years in service under special circumstances. To exemplify, if any employee dies or got disablement during service even if he/she has not completed the prescribed period i.e. 5 years, then such disabled employee or nominees of the deceased employee can claim gratuity.

The new labour codes shall not affect the previous operation of the repealed labour laws. Any legal proceedings which are instituted, continued or enforced under the repealed laws will remain unaffected. In simple terms, it will not have any effect on the pending litigation under the previous labour laws. The operation of the new codes will be prospective in nature. Our team of Labour Law Attorneys in Chandigarh can make more exposition before you according to your queries relating to different labour law issues.