CS Executive · Setting Up of Business, Industrial and Labour Laws · The Labour Laws (Simplification of Procedure for Furnishing Returns and Maintaining Registers by Certain Establishments) Act
Under section 2 of the 1988 Act, which statement about the meaning of the term 'employer' is correct?
The term follows the Scheduled Act where that Act defines it. For a Scheduled Act that has no definition, the employer is the person who is required to furnish returns or maintain registers under that Act. The 1988 Act sets no fixed meaning of its own.
- AIt always means the occupier of a factory, whatever the Scheduled Act
- BIt always means the owner of the establishment, whichever Scheduled Act applies
- CIn relation to a Scheduled Act that defines the term, it has the meaning given in that Act; otherwise it means the person required to furnish returns or maintain registers under that ActCorrect
- DIt means only a person employing ten or more persons
Explanation
Section 2(a) borrows the definition from the Scheduled Act where one exists. For any Scheduled Act without a definition, the employer is the person required to furnish returns or maintain registers under that Act. The other options impose fixed meanings the Act does not contain.
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