ruchirthakkarHello,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
devceoHi, It seems non compliance case. so, in the case of layoff employees should be given their 50 % of monthly wages or salary. :-P
Shailesh ParikhDear 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
debapriya_jsrsection2 (kkk)IDAct1947 "lay-off" (with its grammatical variations and
cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of
stocks or the breakdown of machinery [or naturacalamity or for any other connected reason] to giveemployment 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 mentionedABOVE.
lay off on account reasons other than given in the act would be illegal.In such a situation it is denial of employment which warrants full wages.
for compensation pl refer chapter VA or Vb as applicable.
From India, Jamshedpur
v.harikrishnanDebapriya 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 aAct. 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
varunraj-maneLike to know , the procedure for applying the Layoff before the Labour Commisoner. Regards, Sachin Mane