Amendment status not verified — confirm the current text below against the official source.
Definitions.— In this, Act, unless the context otherwise requires. – (a) “Board” means the Tamil Nadu Labour Welfare Board established under section 4; (b) “employee’ means— (i) any person who is employed for hire or reward to do any work, skilled or unskilled, manual, supervisory, clerical or technical in an establishment for a period of 30 days during the period of 1[the preceding twelve months] whether the terms of employment be express or implied, but does not include any person – (a) who is employed mainly in a managerial capacity ; or (b) who being employed in a supervisory capacity 2[draws wages exceeding fifteen thousand rupees per men-sem] 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; or (c) who is employed as an apprentice or on part-time basis. Explanation—An apprentice means a person who according to the Certified Standing Orders applicable to the establishment, is an apprentice or who is declared to be an apprentice by the authority specified in this behalf by the Government; and (ii) any other person employed in any establishment whom the Government may by notification, declare to be an employee for the purposes of this Act ; * 1st January, 1973. 1 Subs. by Tamil Nadu Act 37 of 1982, s. 2 (w.e.f 15th September, 1982). 2 Subs. by Tamil Nadu Act 8 of 2018, s. 2 (w.e.f. 14th March, 2018) 3 (c) “employer” means a person who has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, superintendent or by any other name, such other person; (d) “establishment”, means— (i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (Central Act LXIII of 1948), or any place which is deemed to be a factory under sub- section (2) of section 85 of that Act; (ii) a motor transport undertaking as defined in clause (g) of section 2 of the Motor Transport Workers Act, 1961 (Central Act 27 of 1961); (iii) a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (Central Act LXIX of 1951); (iv) a catering establishment as defined in section 2 (1) of the Tamil Nadu Catering Establishments Act, 1958 (Tamil Nadu Act XIII of 1958) 1[which employs, or on any working day during the preceding twelve months employed, five or more than five persons]; (v) an establishment, including a society 2[registered or deemed to be registered under the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975)] and a charitable or other trust whether registered under any law applicable to such charitable or other trust or not, which carries on any business or trade or any work in connection therewith or ancillary thereto and which employs, or on any working day during the preceding twelve months employed, 2[five or more persons]; but does not include an establishment (not being a factory) of the Central or any State Government; (vi) any other establishment which the Government may, by notification, declare to be an establishment for the purposes of this Act; 1[Explanation – For the purposes of this Act, where an establishment consists of different departments or has branches whether situate in the same place or in different places, all such departments or branches shall be treated as parts of the same establishment.] (e) “Fund” means the Labour Welfare Fund constituted under section 3; (f) “Government” means the State Government; (g) “Inspector” means an Inspector referred to in section 22 ; (h) “Secretary” means the Secretary appointed under section 21; (i) “unpaid accumulation” means all payments other than gratuity due to an employee but not pain to him within a period of three years from the date on which the payments became due whether before or after the commencement of this Act and the gratuity accrued to an employee after the commencement of this Act but not paid within a period of three years from the date of such accrual but does not include the amount of contribution, if any, paid by an employer to a provident fund established under the Employees’ Provident Funds Act, 1952 (Central Act XIX of 1952); (j) “wages” means all remuneration capable of being expressed in terms of money which would, if the terms of the contract of employment, expressed or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment, but does not include—