UPIEMSO 3

धारा 3 · [ [Substituted by Notification No. 05/XXXVI-3-2018-55(sa)/17 T.C.-III, dated 9.1.2018 (w.e.f. 24.6.1992).]

Workmen shall be classified as follows-

(a)

"Permanent workmen" - A permanent workman is a workman who has been engaged on a permanent basis and includes a person who has satisfactorily completed his probationary period in the same or another occupation in an industrial establishment;

(b)

"Probationer " - A probationer is a workman who is provisionally employed to fill a permanent vacancy and has not satisfactorily completed his probationary period in that occupation;

A permanent workman employed as a probationer in a new occupation may, at any time during his probationary period, be reverted to his old permanent post by an order, in writing, signed by the employer and such a probationer may also, at any time during the said probationary period, seek reversion to his old permanent post by making an application therefor in writing. A probationer shall retain his lien and seniority in his old permanent post as long as he is not made permanent in his new occupation.Seven days before the date of expiry of probationary period the workman shall be informed in writing that he has been confirmed or his probationary period has been extended further. In case no order has been communicated to the workman in writing either confirming the workman or extending the period of probation or terminating the services for unsatisfactory performance, the workman shall be deemed to have been confirmed on the post with effect from the date the probationary period expired.

(c)

"Substitute workman" - A substitute workman is a workman who is employed on the post of permanent workman, or a probationer, who is temporarily absent on leave or otherwise;

(d)

"Temporary workman" - A temporary workman is a workman who is engaged for a work which is essentially of a temporary or casual character likely to be finished within one year or who is engaged temporarily in connection with a temporary increased in a work of permanent nature for a limited -period not exceeding six months:

Provided that a workman who is regularly engaged on term appointment basis with artificial breaks although work exists, would not be deemed to be a temporary workman and would be entitled to be made permanent even if he serves for less than 240 days in a calendar year.

(e)

"Apprentice" - An apprentice is a workman who has been engaged in an industrial establishment under the provisions of Apprentices Act, 1961.

(f)

"Fixed term employee" - A fixed term employee is a workman who has been engaged in textile industry' or export oriented industry on the basis of contract of employment for a fixed period. However his working hours, wages, allowances and other benefits shall not be less than that of a permanent workman. He shall also be eligible for all statutory benefits available to a permanent workman proportionately according to the period of service rendered by him even though his period of employment does not extend to the qualifying period of employment required in the statute.]

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