Hello,Can anyone suggest me what is the eact policy of lay off for the confirmed employees and for the probationers. Also please advcie that if the lay off letters are already issued to the employees those on probation mentioning that they will be paid one month's severance pay , and now the employer is not in the position to pay the extra one month's salary. Can the employer say that now we cannot make any further payments for the extra month's salary.Kindly advice.Regards,Ruchi Thakkar
From India, Mumbai
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13From India, Mumbai
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Hi, It seems non compliance case. so, in the case of layoff employees should be given their 50 % of monthly wages or salary. :-P
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Dear Friend
In this case the management need to be clear weather they are i process of getting the hudels clear and restart the operation if yes than here it applied lay off which as per Act of 45 days or mutually agreed with workmen. Its mandatory to inform and get permission of appropriate government before giving lay off.
If mgmt is not in the position to restart and due to un avoidable reasons has to close down than need to inform appropriate government and after receiving the order can retrench workmen paying them compensation i.e. 15 days of wage @ each completed year of service (if worked for more than 6 months cimplete year has ti be considered)
From India, Mumbai
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In this case the management need to be clear weather they are i process of getting the hudels clear and restart the operation if yes than here it applied lay off which as per Act of 45 days or mutually agreed with workmen. Its mandatory to inform and get permission of appropriate government before giving lay off.
If mgmt is not in the position to restart and due to un avoidable reasons has to close down than need to inform appropriate government and after receiving the order can retrench workmen paying them compensation i.e. 15 days of wage @ each completed year of service (if worked for more than 6 months cimplete year has ti be considered)
From India, Mumbai
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Section 2 (kkk) ID Act 1947 "lay-off" (with its grammatical variations and cognate expressions) means the failure, refusal, or inability of an employer on account of a shortage of coal, power, or raw materials, or the accumulation of stocks, or the breakdown of machinery [or natural calamity, or for any other connected reason] to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched. Refusal, failure, or inability on account of reasons as mentioned above. Lay off on account of reasons other than those given in the act would be illegal. In such a situation, it is a denial of employment that warrants full wages. For compensation, please refer to Chapter VA or Vb as applicable.
From India, Jamshedpur
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From India, Jamshedpur
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Debapriya is right. Lay off in an "industry" as defined under the Industrial Disputes Act could be only for the reasons specified in section 2(kkk) of the Industrial Disputes Act. It cannot be for any other reasons. If the employer is not able to give work because of non-compliance with statutory provisions, then it would not amount to lay off, and the workmen would be entitled to get full wages for the period.
From India, Madras
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From India, Madras
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