Can an Software Engineer be termed as a workman and claim benefits under section 10(10B)

388 views 1 replies
I was laid off in the previous financial year working as a software engineer for a firm. I worked as an Independent Contributor, that means I had no supervisory powers, I had no say in hiring, firing or any budget approvals. Neither did I have any people reporting to me. My work was only skill-based execution. 

I was paid two months of my salary as severance. 

I was issued a termination letter that clearly mentions, "<company> will duly settle your full and final payment within the appropriate time frame,
including payment in lieu of notice, arrears of accrued but unpaid salary up to the
Separation Date, compensation for any accrued but unused holidays, retrenchment
compensation, and any other accrued contractual dues, as applicable. These payments are
made in accordance with the applicable law and are subject to any applicable deductions
and withholdings."

Can I consider myself as a workman under The Industrial Disputes Act 1947 and claim tax exemptions on my severance salary under section 10(10B)?
Replies (1)

Software Engineer Classification: Software engineers typically perform skilled or technical work. Courts in India have considered similar roles as workmen if their primary duties align with the Act's definition.

Claiming Rights: If considered a workman you may claim rights under the Act, including retrenchment compensation, notice pay, and other benefits as outlined in the termination letter.

Review Termination Letter: Ensure all mentioned payments (arrears, unused holidays, retrenchment compensation) are made as per the letter and applicable law.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register