Labour Law & Hr Consultant
Industrial Relations And Labour Laws
Partner - Risk Management
you are allowed total or partial layoff.
however, either a person is on layoff or he is working. it cant be half way.
So some of the persons can be working and some can be layed off.
But you cant give them half days work and lay off for half day.
One way is to give lay off on rolling basis so the payment for work gets distributed equitabely.
I hope seniors can confirm that for me.
6th February 2015 From India, Mumbai
We have a factory wherein more than 300 workmen are working. The company is facing financial crises from last 6 months and the some of the units are not working, hence the workers have no work, can we declare lay-off in such case.
Is lay-off is allowed during financial crises or not.
7th February 2015 From India, Pune
Therefore, it is good if you engage them on part time work at least for 3 or 4 hours a day.
7th February 2015 From India, Kannur
I would give point wise reply as under:
1. You need not declare Lay-Off since your factory is employing less than 50 workers. Section 25A (1)(a) of ID Act, 1947 prescribes provisions of Lay-Off are not applicable to a factory employing less than 50 workers.
2. If your factory want to give work for half day you can do that by having a written understanding with the workers if employed directly by you or with the contractor through whom you are employing the workers.
3. If you stop the work and want to carry out the maintenance of machines, you can do that.
The only thing to be taken care of is that your contract letters given to workers or understanding made with them should be clearly written and accepted by the contractor/workers so that workers may not raise any issue at any subsequent stage.
8th February 2015 From India, New Delhi
Section 25 C does not recognise a common law right to lay of his workmen. So the reason for lay off must be one contemplated by section 2(kkk) [ Workmen of Dewan Tea Estate Vs Management (AIR 1964 SC 1458)]. Financial difficulties is not a reason for lay off as per section 2(kkk)
If the number of workers is less below fifty section 25C will not apply. In the absence of service conditions and standing orders the employer has no right to lay off their workmen and in such cases the workmen would be entitled to their full wages for the period of lay off [ Workmen Vs Firestone Tyre & Rubber Co (1976 (1) LLJ 493SC)].
9th February 2015 From India, Kannur
19th February 2015 From India, Salem