Dear Mr.Kalsi what is retrenchment ?? could u explain briefly
From India, Vellore
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3From India, Vellore
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Hi,
The definition of retrenchment as given in the ID Act is provided below:
"Retrenchment means the termination by the employer of the service of a workman for any reason whatsoever, other than as a punishment inflicted by way of disciplinary action. However, it does not include:
(a) voluntary retirement of the workman; or
(b) retirement of the workman upon reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation to that effect; or
(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned upon its expiry or if such contract is terminated under a stipulation contained therein; or
(c) termination of the service of a workman on the grounds of continued ill-health."
From India, Panipat
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The definition of retrenchment as given in the ID Act is provided below:
"Retrenchment means the termination by the employer of the service of a workman for any reason whatsoever, other than as a punishment inflicted by way of disciplinary action. However, it does not include:
(a) voluntary retirement of the workman; or
(b) retirement of the workman upon reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation to that effect; or
(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned upon its expiry or if such contract is terminated under a stipulation contained therein; or
(c) termination of the service of a workman on the grounds of continued ill-health."
From India, Panipat
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Dear Parthi,
I think instead of asking basic questions,you should have patience to go through the relevant Act & rules,which will give you the fair idea of what the Acts deals with.Then you will have many queries coming to your mind to which our seniors are there to assist you.This is simple advise, which will helpful in future if you are building a HR career.
Now coming to the term 'retrenchment'. Retrenchment means termination of the contract of service of the employees in a redundancy situation which arise from several factors such as closure of business, restructuring, reduction in production, mergers, technological changes, take-over, economic downturn and others. Section 2 (oo) of the Industrial Disputes Act,1947 defines Retrenchment as -” the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include voluntary retirement of the workman, superannuation on reaching the age of retirement,on completion of contract period or on the ground of continued ill-health of a workman".The retrenchment carries with host of benefits viz notice period or pay in lieu thereof, retrenchment compensation and re-employment opportunities.The employer has to comply with the statutory provisions contained in the I.D Act & Rules.
BS Kalsi,
Member since Aug 2011
From India, Mumbai
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I think instead of asking basic questions,you should have patience to go through the relevant Act & rules,which will give you the fair idea of what the Acts deals with.Then you will have many queries coming to your mind to which our seniors are there to assist you.This is simple advise, which will helpful in future if you are building a HR career.
Now coming to the term 'retrenchment'. Retrenchment means termination of the contract of service of the employees in a redundancy situation which arise from several factors such as closure of business, restructuring, reduction in production, mergers, technological changes, take-over, economic downturn and others. Section 2 (oo) of the Industrial Disputes Act,1947 defines Retrenchment as -” the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include voluntary retirement of the workman, superannuation on reaching the age of retirement,on completion of contract period or on the ground of continued ill-health of a workman".The retrenchment carries with host of benefits viz notice period or pay in lieu thereof, retrenchment compensation and re-employment opportunities.The employer has to comply with the statutory provisions contained in the I.D Act & Rules.
BS Kalsi,
Member since Aug 2011
From India, Mumbai
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Dear Gentlemen,
If a workman has worked for 3 years in a company, and in the first year, he worked for 190 days, in the second year, he worked for 210 days, and in the third year, he worked for 245 days. Will he be able to get retrenchment benefits for all these three years on a proportionate basis, or will he only receive the retrenchment benefit for the third year in which he worked for 245 days?
Kindly provide your suggestions.
Regards,
Gati
From India, Hyderabad
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If a workman has worked for 3 years in a company, and in the first year, he worked for 190 days, in the second year, he worked for 210 days, and in the third year, he worked for 245 days. Will he be able to get retrenchment benefits for all these three years on a proportionate basis, or will he only receive the retrenchment benefit for the third year in which he worked for 245 days?
Kindly provide your suggestions.
Regards,
Gati
From India, Hyderabad
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