what is lay -off under industrial dispute act ? and detail procedure of lay off ? can any one please explain ?
From India, Pune
Senior Officer - HR

Lay-off is a practice whereby the employer cannot give employment to workmen for various reasons including shortage of raw materials, coal or power, accumulation of stocks, break-down of machinery etc, or for any other connected reason. It has been defined under Section 2(kkk) of the ID Act. If a workman, whose name is on the muster rolls of the industrial establishment presents himself for work and is not given employment within two (2) hours of presenting himself, he shall be deemed to have been laid-off for that day.

All industrial establishments in India have to ensure compliance with the various labour legislations, including the Act. The application of the provisions pertaining to lay-off is restricted by virtue of Section 25A. It states that industrial establishments with below fifty (50) workmen on an average per working day in the preceding calendar month, or industrial establishments which are of a seasonal character, or industrial establishments to which Chapter 5B3 of the Act applies, will not be bound by Section 25C to 25E (both inclusive). This implies that such workmen:

(a) will not be entitled to any compensation for being laid off.

(b) will not be entered into the muster rolls of the employer.

(c) will not fall under any of the exceptions to avail compensation.

It is important to note that workmen are entitled for compensation only if they have been in continuous service. Defined under section 25B of the Act, a workman is said to be in continuous service if he provides uninterrupted service, which includes interrupted service due to sickness, accident, strikes which are not illegal, lock out or cessation of work not due to the fault of the workman. In other words, the duration when the workman is out of the office on account of illness is not excluded while computing continuous service.

The service is construed as continuous for a period of 1 year if the workman works in the previous year for:

• 190 days- below the ground in a mine.

• 240 days- in any other job.

The service is construed as continuous for a period of 6 months if the workman works in the preceding 6 months for:

• 95 days- below the ground in a mine.

• 120 days- in any other job.

From India, Chennai
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