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[Cites 0, Cited by 525] [Section 2] [Entire Act]

Union of India - Subsection

Section 2(9) in The Employees' State Insurance Act, 1948

(9)“employee” means 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 appren­tice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), and includes such person engaged as apprentice whose training period is extended to any length of time 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 at any time after (and not before) the beginning of the contribution period, shall continue to be an employee until the end of that period;