Dear Seniors Please clarify my below doubts,
1. If la off has been announced by the company , Is the worker really need to come to the company even the employer given whole day lay off?
2.If the worker come should the worker stay in 2nd half even the employer said full day lay off?
3. If the employer is said that 2 half may give work, but unfortunately the employer cant give again - then what would be the Lay off compensation for 2nd half? half r full basic wages?
Regards,
Sakthi Sukumar
From India, Kolkata
21. If la off has been announced by the company , Is the worker really need to come to the company even the employer given whole day lay off?
2.If the worker come should the worker stay in 2nd half even the employer said full day lay off?
3. If the employer is said that 2 half may give work, but unfortunately the employer cant give again - then what would be the Lay off compensation for 2nd half? half r full basic wages?
Regards,
Sakthi Sukumar
From India, Kolkata
Hello Sakthi,
I am happy to see members putting up issues/queries/topics related to "ID Act" for discussion. This act, for some strange reason, has not been discussed much in this forum, inspite of it being one of the most instrumental & complicated labour legislations which can be analysed/interpreted/evaluated from multiple angles.
However, let me answer your queries precisely in the order they have been asked :
1) YES.
As per sec 25E, the workman/workmen (WHO HAS BEEN LAID-OFF) is not entitled to compensation if he does not present himself for work at the establishment at the appointed time during normal working hours ATLEAST ONCE A DAY.
2) NO.
The workman/workmen (WHO HAS BEEN LAID-OFF) need not have to stay in the 2nd Half, if he is informed about the Lay-off for that day (within 2 hours of his so presenting himself) when he present himself for work at the appointed time during the normal working hours on that particular day. However, he would have to present himself in the 2nd half of the day if asked by the employer to do so.
3) FULL BASIC WAGES as IT WOULD NOT BE DEEMED TO HAVE BEEN LAID-OFF FOR THE 2ND HALF.
If the workman presents himself in the 2nd half of the day as instructed by the employer and the employer is still not able to give employment to the workman, then this would NOT BE DEEMED TO BE LAID-OFF for the 2nd half of the day. And hence, the workman shall be entitled to full basic wages & DA for that part of the day.
I hope I have answered your queries to your satisfaction. You may revert to me in case of any further queries.
Cheers, A.B.
From India, Mumbai
I am happy to see members putting up issues/queries/topics related to "ID Act" for discussion. This act, for some strange reason, has not been discussed much in this forum, inspite of it being one of the most instrumental & complicated labour legislations which can be analysed/interpreted/evaluated from multiple angles.
However, let me answer your queries precisely in the order they have been asked :
1) YES.
As per sec 25E, the workman/workmen (WHO HAS BEEN LAID-OFF) is not entitled to compensation if he does not present himself for work at the establishment at the appointed time during normal working hours ATLEAST ONCE A DAY.
2) NO.
The workman/workmen (WHO HAS BEEN LAID-OFF) need not have to stay in the 2nd Half, if he is informed about the Lay-off for that day (within 2 hours of his so presenting himself) when he present himself for work at the appointed time during the normal working hours on that particular day. However, he would have to present himself in the 2nd half of the day if asked by the employer to do so.
3) FULL BASIC WAGES as IT WOULD NOT BE DEEMED TO HAVE BEEN LAID-OFF FOR THE 2ND HALF.
If the workman presents himself in the 2nd half of the day as instructed by the employer and the employer is still not able to give employment to the workman, then this would NOT BE DEEMED TO BE LAID-OFF for the 2nd half of the day. And hence, the workman shall be entitled to full basic wages & DA for that part of the day.
I hope I have answered your queries to your satisfaction. You may revert to me in case of any further queries.
Cheers, A.B.
From India, Mumbai
Thanks a LOT A.B such a valuable answer u have given me and I would suggest you as a learner that you people are having lot of knowledge and skill particularly about IR Can you pls pass on it to next gen people since we are also eagerly looking for some helping hands .........
With Regards,
Sakthi Sukumar
From India, Mumbai
With Regards,
Sakthi Sukumar
From India, Mumbai
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