Section 2 of The Goa Employment (Conditions of Service) and Retirement Benefit Act, 2001 — The Goa Employment (Conditions of Service) and Retirement Benefit
Bare section text
Official Legislative Text
(Amendment) Act, 2002 (Goa Act 2 of 2002) [25-1-2002] published in the Official Gazette, Series I No. 43 (Extraordinary) dated 29-1-2002 and deemed to have come into force w.e.f. 19-9-2001.
Educational Study Layer
Summary
- A workman is any person or trainee employed for wages in an industrial establishment, but it does not include farm workers.
- The employer is the person in charge or the owner, including managers, agents, or contractors.
- Contribution is a sum of money an employer must pay for a workman's retirement benefits.
- Wages include cash and non-cash payments, as well as pay for legal strikes or authorized leave.
- Industrial establishments include factories, shops, transport companies, mines, and construction sites.
- Agriculture and self-employed professionals are specifically excluded from being industrial establishments.
Practical examples
1John is a 17-year-old working in a workshop. Because he is between 14 and 18, he is classified as an adolescent under Section 2(a).
2A company operates a barge to transport goods. This barge is considered an industrial establishment because it is a mechanically propelled inland vessel.
3Sarah works on a farm picking fruit. Even though she receives wages, she is not considered a workman under this Act because agricultural labourers are excluded.
FAQ
1. Does the definition of "wage" include pay for time spent on strike?
Yes, it includes pay for a strike as long as the strike is not illegal.
2. If a contractor hires a worker, who is the employer under Section 2?
For work carried on by a contractor, the contractor is the employer.
3. Are trainees covered under the definition of a workman?
Yes, the definition of a workman in Section 2(t) explicitly includes trainees.
Practice Quiz
Q1.Mr. Silva runs a small private dental clinic by himself. Is his clinic an industrial establishment under Section 2?
Q2.A worker is paid every two weeks. What is this period called under Section 2?