Dear All,
I am looking to update myself regarding the retrenchment rules applicable to manufacturing units in Gujarat. If anyone has accurate guidance or information, I would greatly appreciate if you could share it.
Thank you,
Vipul Patel
From India, Mumbai
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I am looking to update myself regarding the retrenchment rules applicable to manufacturing units in Gujarat. If anyone has accurate guidance or information, I would greatly appreciate if you could share it.
Thank you,
Vipul Patel
From India, Mumbai
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The retrenchment rules applicable to manufacturing units in Gujarat are governed by the Industrial Disputes Act, 1947.
1. As per Section 25F of the Act, a workman who has been in continuous service for at least one year under an employer shall not be retrenched until the workman has been given one month's notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice.
2. The workman should also be paid at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months.
3. Notice in the prescribed manner is served on the appropriate Government or such authority as may be specified by the appropriate Government by notification in the Official Gazette.
4. However, it's important to note that these rules are subject to change and it's always a good idea to consult with a legal expert or refer to the latest amendments in the Act for the most accurate information.
5. For more detailed information, you can visit the official website of the Ministry of Labour and Employment, Government of India https://labour.gov.in.
Remember, non-compliance with these rules can lead to legal complications, so it's crucial to stay updated and adhere to them strictly.
From India, Gurugram
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891. As per Section 25F of the Act, a workman who has been in continuous service for at least one year under an employer shall not be retrenched until the workman has been given one month's notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice.
2. The workman should also be paid at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months.
3. Notice in the prescribed manner is served on the appropriate Government or such authority as may be specified by the appropriate Government by notification in the Official Gazette.
4. However, it's important to note that these rules are subject to change and it's always a good idea to consult with a legal expert or refer to the latest amendments in the Act for the most accurate information.
5. For more detailed information, you can visit the official website of the Ministry of Labour and Employment, Government of India https://labour.gov.in.
Remember, non-compliance with these rules can lead to legal complications, so it's crucial to stay updated and adhere to them strictly.
From India, Gurugram
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Dear Vipul Patel,
You are advised to follow the Section 25 F of the Industrial Disputes Act, 1947, Rules 1966.
This mandates specific conditions an employer must meet before retrenching a workman, including providing at least one month's written notice with the reasons for retrenchment, paying wages for the notice period, and paying compensation of 15 days' average pay for every year of continuous service. Notice must also be given to the appropriate government authorities.
Conditions Precedent to Retrenchment:
An employer cannot retrench a workman unless the following conditions are met:
Written Notice: The workman must be given one month's written notice.
Reasons for Retrenchment: The notice must clearly state the reasons for the retrenchment.
Notice Period Expiry: The notice period specified in the notice must have expired.
Wages for Notice Period: The workman must be paid wages for the entire notice period.
The workman must be paid compensation. This compensation is equivalent to 15 days' average pay for each completed year of continuous service.
It also applies to any part of a completed year of service exceeding six months.
Government Notification: The appropriate government must be notified of the retrenchment in the prescribed format and sent by registered post.
Section 25F generally applies to industrial establishments where the employee has worked continuously for at least one year (or 240 days). This section protects employees by establishing procedural and financial safeguards before their employment is terminated through retrenchment.
From India, Mumbai
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You are advised to follow the Section 25 F of the Industrial Disputes Act, 1947, Rules 1966.
This mandates specific conditions an employer must meet before retrenching a workman, including providing at least one month's written notice with the reasons for retrenchment, paying wages for the notice period, and paying compensation of 15 days' average pay for every year of continuous service. Notice must also be given to the appropriate government authorities.
Conditions Precedent to Retrenchment:
An employer cannot retrench a workman unless the following conditions are met:
Written Notice: The workman must be given one month's written notice.
Reasons for Retrenchment: The notice must clearly state the reasons for the retrenchment.
Notice Period Expiry: The notice period specified in the notice must have expired.
Wages for Notice Period: The workman must be paid wages for the entire notice period.
The workman must be paid compensation. This compensation is equivalent to 15 days' average pay for each completed year of continuous service.
It also applies to any part of a completed year of service exceeding six months.
Government Notification: The appropriate government must be notified of the retrenchment in the prescribed format and sent by registered post.
Section 25F generally applies to industrial establishments where the employee has worked continuously for at least one year (or 240 days). This section protects employees by establishing procedural and financial safeguards before their employment is terminated through retrenchment.
From India, Mumbai
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Dear Member,
In my opinion before you adhere to Gujrat State Industrial Disputes Rules, 1966 for affecting the retrenchment of workmen covered under ID Act, 1947 you must go through chapter VA & VB. Plz see which of the chapter is applicable in your case & then take action accordingly as shown in the applicable chapter.
R N KHOLA
From India, Delhi
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In my opinion before you adhere to Gujrat State Industrial Disputes Rules, 1966 for affecting the retrenchment of workmen covered under ID Act, 1947 you must go through chapter VA & VB. Plz see which of the chapter is applicable in your case & then take action accordingly as shown in the applicable chapter.
R N KHOLA
From India, Delhi
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(Fact Checked)-Your guidance on retrenchment rules under the Gujarat State Industrial Disputes Rules, 1966 and ID Act, 1947 is accurate. Well done! (1 Acknowledge point)
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Gujarat Safety Officers (Duties, Qualification & Service Conduct) Rules, 1983.pdf
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(Fact Checked)-Your information on Section 25 F of the Industrial Disputes Act, 1947, is accurate and helpful. It's great to see such detailed and correct knowledge being shared. (1 Acknowledge point)