Sir, Is the retrenchment act, as per law, applicable to managerial cadre who are working in the production area in a manufacturing company?
If applicable, how is the service calculated from the date of joining?
From India, Bengaluru
If applicable, how is the service calculated from the date of joining?
From India, Bengaluru
There is no Act called Retrenchment Act. The provisions relating to retrenchment is available in Industrial Disputes Act 1947. According to ID Act, managers (whether working in manufacturing establishment, mine, plantation or any other establishment) are not covered by any of the provisions of this Act. Therefore, the process of termination of a manager will be carried out as per the contract of employment/ appointment order given and accepted by him. If there is a notice period mentioned in it, you can follow that.
A person designated as manager need not be a manager so that the provisions of the ID Act shall not be made applicable to him. In order to be excluded from the scope of the Act, he should have managerial powers and responsibilities, like power to appoint, authority to dismiss, authority to initiate disciplinary action, authority to appraise the performance or at least a power to approve leave.
From India, Kannur
4249A person designated as manager need not be a manager so that the provisions of the ID Act shall not be made applicable to him. In order to be excluded from the scope of the Act, he should have managerial powers and responsibilities, like power to appoint, authority to dismiss, authority to initiate disciplinary action, authority to appraise the performance or at least a power to approve leave.
From India, Kannur
The managers are not covered under ID Act. The employees in supervisory and managerial capacity as per the terms of appointment by paying the notice period amont.
From India, Mumbai
From India, Mumbai
Here it's pertinent to determine whether the 'manager' is a 'workman' under the ID Act or not. Then comes the question of 'retrenchment' of him and any protection is available under ID Act.. Notice needs to be given to the employee: An employee who has worked for a continuous period of at least one year can only be retrenched by the employer for his service. Before retrenching the employee, the employer must send notice of retrenchment at least three months before the date of his retrenchment.
I hope the first part should answer the second part to some extent if not fully.
Please go thru' the contention in these links -
https://www.livelaw.in/labour-service/karnataka-high-court-ruling-managerial-supervisory-not-workman-industrial-disputes-act-255960
https://hrvista.in/a-workman-under-the-industrial-disputes-act-1947/
https://www.labourfile.com/section-detail.php?aid=236
From India, Bangalore
I hope the first part should answer the second part to some extent if not fully.
Please go thru' the contention in these links -
https://www.livelaw.in/labour-service/karnataka-high-court-ruling-managerial-supervisory-not-workman-industrial-disputes-act-255960
https://hrvista.in/a-workman-under-the-industrial-disputes-act-1947/
https://www.labourfile.com/section-detail.php?aid=236
From India, Bangalore
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Retrenchment u.Sec.25 of ID Act-SC judgment.pdf