The Industrial Relations Code

means any person (other than an apprentice engaged under the Apprentices Act, 1961) employed by an industrial
establishment to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical
work for hire or reward, whether the terms of employment be express or implied, and also includes a person declared to be an employee
by the appropriate Government, but does not include any member of the Armed Forces of the Union

means any person (except an apprentice as defined under clause (aa) of section 2 of the Apprentices Act, 1961) 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 includes working journalists as defined in clause (f) of section 2 of the Working Journalists and
other Newspaper Employees (Conditions of Service) and Miscellaneous 52 of 1961.8THE GAZETTE OF INDIA EXTRAORDINARY[PART
II— Provisions Act, 1955 and sales promotion employees as defined in clause (d) of section 2 of the Sales Promotion Employees
(Conditions of Service) Act, 1976, and for the purposes of any proceeding under this Code in relation to an industrial dispute, includes any
such person who has been dismissed, discharged or retrenched or otherwise terminated 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, or the Army Act, 1950, or the Navy Act, 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 is employed in a
supervisory capacity drawing wages exceeding eighteen thousand rupees per month or an amount as may be notified by the Central
Government from time to time: Provided that for the purposes of Chapter III, "worker"— (a) means all persons employed in trade or
industry; and (b) includes the worker as defined in clause (m) of section 2 of the Unorganized Workers' Social Security Act, 2008.

means a person who employs, whether directly or through any person, or on his behalf or on behalf of any person, one or
more employee or worker in his establishment and where the establishment is carried on by any department of the Central Government or
the State Government, the authority specified by the head of the department in this behalf or where no authority is so specified, the head of
the department, and in relation to an establishment carried on by a local authority, the chief executive of that authority, and includes,— (i) in
relation to an establishment which is a factory, the occupier of the factory as defined in clause (n) of section 2 of the Factories Act, 1948
and, where a person has been named as a manager of the factory under clause (f) of sub-section (1) of section 7 of the said Act, the
person so named; (ii) in relation to any other establishment, the person who, or the authority which has ultimate control over the affairs of
the establishment and where the said affairs are entrusted to a manager or managing director, such manager or managing director; (iii)
contractor; and (iv) legal representative of a deceased employer, executive in relation to a Trade Union, means the body by whatever
name called, to which the management of the affairs of a Trade Union is entrusted.

means all remuneration, whether by way of salary, allowances or otherwise, expressed in terms of money or capable of being so expressed which 33 of 2008.SEC. 1]THE GAZETTE OF INDIA EXTRAORDINARY7 would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes,— (i) basic pay; (ii) dearness allowance; (iii) retaining allowance, if any, but does not include— (a) any bonus payable under any law for the time
being in force, which does not form part of the remuneration payable under the terms of employment; (b) the value of any houseaccommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of
wages by a general or special order of the appropriate Government; (c) any contribution paid by the employer to any pension or provident
fund, and the interest which may have accrued thereon; (d) any conveyance allowance or the value of any travelling concession; (e) any
sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; (f) house rent allowance;
(g) remuneration payable under any award or settlement between the parties or order of a court or Tribunal; (h) any overtime allowance; (i)
any commission payable to the employee; (j) any gratuity payable on the termination of employment; or (k) any retrenchment
compensation or other retirement benefit payable to the employee or any ex gratia payment made to him on the termination of
employment: Provided that, for calculating the wage under this clause, if any payments made by the employer to the employee under subclauses (a) to (i) exceeds one-half, or such other per cent. as may be notified by the Central Government, of all remuneration calculated under this clause, the amount which exceeds such one-half, or the per cent. so notified, shall be deemed to be remuneration