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Section 2 of the Code on Wages, 2019: Definitions of Employee, Employer, Worker and Establishment

An employee is any person, other than an apprentice under the Apprentices Act, 1961, employed on wages to do skilled, semi-skilled, unskilled, manual, operational, supervisory...

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Published
October 1, 2026
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Last updated: October 2026Verified against: Government sources

The Code on Wages, 2019 uses two people-words, employee (s.2(k)) and worker (s.2(z)), and they are not the same. This article explains those, the definitions of employer (s.2(l)), establishment (s.2(m)), factory (s.2(n)) and Government establishment (s.2(o)), and the exclusions that decide who falls outside each term.

Section 2(k): employee

ElementText
WhoAny person employed on wages by an establishment, for hire or reward
Kinds of workSkilled, semi-skilled or unskilled; manual, operational, supervisory, managerial, administrative, technical or clerical
TermsWhether the terms of employment are express or implied
IncludedA person declared to be an employee by the appropriate Government
ExcludedAn apprentice engaged under the Apprentices Act, 1961; any member of the Armed Forces of the Union

The definition is wide because it names managerial and administrative work: a manager on a salary is an "employee" even if not a "worker". Implied terms count, so a person without a written letter can still be an employee. The appropriate Government can also bring in a class of persons by declaration; the text lists none, so check for one.

Sections of the Code that protect "employees" include section 3 on gender discrimination, section 5 on minimum wages and the deductions chapter. Employers who have senior managers, trainees and consultants on payroll, and want a clean classification of each, can get help from our employment and labour law advisory service.

Section 2(z): worker

ElementText
WhoAny person employed in any industry for hire or reward, whether terms are express or implied
Kinds of workManual, unskilled, skilled, technical, operational, clerical or supervisory
IncludedWorking journalists (as defined in the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955); sales promotion employees (as defined in the Sales Promotion Employees (Conditions of Service) Act, 1976); and, for a proceeding in relation to an industrial dispute, a person dismissed, discharged or retrenched in connection with that dispute, or whose dismissal, discharge or retrenchment led to it
Excluded: apprenticesAn apprentice as defined in clause (aa) of section 2 of the Apprentices Act, 1961
Excluded: (a)Persons subject to the Air Force Act, 1950, the Army Act, 1950 or the Navy Act, 1957
Excluded: (b)Persons employed in the police service, or as an officer or other employee of a prison
Excluded: (c)Persons employed mainly in a managerial or administrative capacity
Excluded: (d)Persons employed in a supervisory capacity drawing wage exceeding fifteen thousand rupees per month, or an amount notified by the Central Government from time to time

Employee versus worker

TestEmployee (s.2(k))Worker (s.2(z))
Managerial or administrative workIncludedExcluded if employed mainly in that capacity
Supervisory payNo pay limit in the definitionExcluded if wage exceeds Rs 15,000 per month or the notified amount
IndustryEmployed by an "establishment"Employed "in any industry"
Armed forcesMembers of the Armed Forces of the Union excludedPersons under the Air Force, Army or Navy Acts excluded
Police and prison staffNot mentioned as excludedExcluded

The Rs 15,000 figure in s.2(z)(d) is the text of the Code as enacted and is stated to be changeable by Central notification, so check for a notified amount before applying it. The limit applies only to a person in a supervisory role, not to clerical or technical staff.

Because provisions use "employee" or "worker" depending on their purpose, always read the section you are applying. For instance the minimum wage obligation in s.5 is expressed as a duty not to pay "any employee" less than the notified rate. Read each provision to see which word it uses.

Section 2(l): employer

An employer is a person who employs, whether directly or through any person, or on his behalf or on behalf of any person, one or more employees in his establishment. The definition then adds who counts in particular cases:

  • where the establishment is carried on by a department of the Central or State Government, the authority specified by the head of the department or, if none is specified, the head of the department;
  • in an establishment carried on by a local authority, the chief executive of that authority;
  • (i) for a factory, the occupier as defined in clause (n) of section 2 of the Factories Act, 1948 and, where a person is named as manager under clause (f) of sub-section (1) of section 7 of that Act, the person so named;
  • (ii) for any other establishment, the person or authority with ultimate control over its affairs, and where affairs are entrusted to a manager or managing director, that manager or managing director;
  • (iii) a contractor; and
  • (iv) the legal representative of a deceased employer.

"One or more employees" means even a single-employee business is an employer. For the contractor, see our article on contractor and contract labour.

Section 2(m), (n) and (o): establishment, factory, Government establishment

ClauseMeaning
s.2(m) establishmentAny place where any industry, trade, business, manufacture or occupation is carried on, and includes a Government establishment
s.2(n) factoryA factory as defined in clause (m) of section 2 of the Factories Act, 1948
s.2(o) Government establishmentAny office or department of the Government or a local authority

The test for "establishment" is the place and the activity. It is not limited by size, so the Code's duties can arise even for a small shop or office. Government offices and local authority offices are covered too. For the effect on the appropriate Government, see our article on s.2(d).

Read the Factories Act, 1948 for the factory definition; see also Factory under the new Labour Codes.

Practical points. Flag each person on payroll as employee or not and worker or not; confirm whether the Central Government has notified a different supervisory amount; and remember a trainee is not automatically an apprentice.

Example. A warehouse supervisor draws Rs 18,000 a month and is employed in a supervisory capacity. Under s.2(z)(d) he is not a "worker" unless the notified amount is higher, but he remains an "employee" under s.2(k) and so is covered by provisions that speak of employees, such as the minimum wage duty and the gender non-discrimination rule.

Need help classifying your staff?

Whether a person is an employee, a worker, a contractor's worker or an apprentice decides which duties apply to you. Our employment and labour law advisory team can review your appointment letters and payroll heads and flag classification risks under the Code.

Key takeaways

  • "Employee" (s.2(k)) is wide: it covers managerial and administrative work and excludes only apprentices under the 1961 Act and members of the Armed Forces of the Union.
  • "Worker" (s.2(z)) excludes mainly managerial or administrative staff and supervisors above Rs 15,000 a month or the notified amount.
  • Working journalists and sales promotion employees are included as workers.
  • "Employer" includes the occupier and named manager of a factory, the person with ultimate control, a contractor and the legal representative of a deceased employer.
  • "Establishment" is any place where an industry, trade, business, manufacture or occupation is carried on, including Government establishments.

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Disclaimer: Based on the Code on Wages, 2019 (as enacted) and, where noted, the Code on Wages (Central) Rules, 2026 (G.S.R. 343(E), 8 May 2026), as on 1 October 2026. The Code is in force from 21 November 2025; State Governments make their own rules for establishments where the State is the appropriate Government, and wage rates are notified separately. Verify the current position before acting.

Quick recapKey facts & short answers

Key Facts About Section 2

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Is a manager an employee under the Code on Wages?

Yes. Section 2(k) lists managerial and administrative work among the kinds of work, so a manager on wages is an employee. A person employed mainly in a managerial or administrative capacity is excluded from "worker" under s.2(z)(c).

Are apprentices covered?

An apprentice engaged under the Apprentices Act, 1961 is excluded from both "employee" and "worker".

Section 2: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Yes. Section 2(k) lists managerial and administrative work among the kinds of work, so a manager on wages is an employee. A person employed mainly in a managerial or administrative capacity is excluded from "worker" under s.2(z)(c).

An apprentice engaged under the Apprentices Act, 1961 is excluded from both "employee" and "worker".

Under s.2(z)(d), a person in a supervisory capacity drawing wage exceeding fifteen thousand rupees per month, or an amount notified by the Central Government from time to time, is not a worker.

The occupier as defined in the Factories Act, 1948 and, where named under s.7(1)(f) of that Act, the manager, under s.2(l)(i).

The definition in s.2(m) has no size threshold. Whether another provision of the Code needs a minimum number is stated in that provision.

Yes, s.2(z)(i) includes working journalists as defined in the 1955 Act.