Law applicability for information technology
Hello,
I have few questions regarding labour law applicability for Information Technology employees in West Bengal and Maharashtra. ( Since few things are state specific)
1. If a company has its india head quarter in maharashtra and they employed people in West Bengal in their west bengal office, then law of which state will be applicable for the employees working in bengal ?
2. This question is related to definition of workman or labour. I read the definition of labour for Industrial Dispute act but it is quite subjective in nature. How does court will decide if the IT employee concerned should be considered as labour or not ? Is there any clear check list ? Scenario1: If employer recruits a person and give his designation as "Manager" may be with an intention to bypass ID act. how the employee will prove he should be considered as labour with what kind of proofs ?
3. In case one person is employed in IT company and doing managerial/supervisory work and if employer terminates him suddenly which law will be applicable for him to defend his case ? is there anything ? or there is no law to protect employees working in managerial capacity?
Thanks a lot in advanced for the answers