I have some doubts regarding sections 25C and 25M which are related to lay off. As mentioned in S.25A, section 25C is only applicable to establishments with 50 or more workmen. Under section 25C, an employer can lay off those persons who have completed 1 year of continuous service. Does that mean employers can lay off individuals who have completed one year of continuous service without obtaining prior permission from the appropriate government authority, as stated in section 25M? Can employers also retrench employees without providing any notice to those who have not completed 1 year of continuous service yet?
Under section 9A, does the employer have to give notice to those persons? However, this requirement is only applicable to the conditions specified in Schedule 4, and there is no mention of lay off or retrenchment in that section.
From India, Kolkata
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1Under section 9A, does the employer have to give notice to those persons? However, this requirement is only applicable to the conditions specified in Schedule 4, and there is no mention of lay off or retrenchment in that section.
From India, Kolkata
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MANDATORY REQUIREMENTS FOR RETRENCHMENT UNDER EMPLOYMENT LAWS IN INDIA.pdf