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dkpandey75@gmail.com
Sir I am working in a pvt company as a permanent ho staff.due to financial crisis from govt client ,my company has decided to send all employees on layoff for 45 days.kindly notice that our salary already pending from 4months .What is the rules for layoff in pvt organisation.are the bond for clearing the pending payment s before sending on layoff? Also please tell me about payment rules for layoff employees. Thanks and regards ABC
From India, Mandi
Rajesh Kumar Dubey
66

Dear Mr DK Pandey,
Financial crisis is not base for sending the workmen in Lay Off.
You should be specific and clear under the provision & conditions ( S- 2kkk) why the management wants to send its manpower on Lay Off. Make a Notice and send its copy to Asst Labour Commissioner / Regional Labour Commissioner also.
Under Lay Off You Have to pay 50% of Wages as Lay Off Compensation and it will be paid on due date of Disbursement of Salary Dates.
If any balance salary is pending try to make agreement with your workmen representatives and settle it installments that will be better.

From India
Bharat Gera
223

Please study chapter VA & Chapter VB of the Industrial Disputes Act to understand the details and obligation of employer under the law.
From India, Thane
saswatabanerjee
2392

Raj sir,
I think in this case the layoff is not due to financial crisis but due to lack of work from a PSU
So in such case (lack of orders, lack of material) layoff is allowed.
In any case, we do not know the nature of business or the number of employees in the company, so giving any concrete answer would be difficult, because approvals are not needed for layoff in case of a small workforce (I think it used to be less than 100 employees)

From India, Mumbai
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