Umakanthan53
Labour Law & Hr Consultant

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
If worker has not completed 240 days including Weekly off & Holidays in 12 months but if he complete it 13 or 14 or 15 months, will he entitle to get Notice Pay & Retrenchment Compensation?
Please Suggest.

From India, undefined
I think the same question raised yesterday already stands answered by me.
From India, Salem
Dear Sir,
My question is 02 Types:
(1) Person has worked 230 days (excluding Weekly off & Holiday) in 12 Months
If worker has not completed 240 days (suppose he has worked 230 days only in 12 months), then can I includes Sundays or Off days as well as Festival or National Holidays with 230 days?
…. already replied by you……
(2) Person has worked 247 days (including Weekly off & Holiday) in 15 Months
But in 12 Months he was worked 196 days including weekly off & holiday, but he complete 247 days including weekly off & holiday in 15 months, then will he entitled to get Notice Pay & Retrenchment Compensation?
Please suggest.

From India, undefined
Sorry, Santhosh: the answer I quoted pertains to your query raised on 18-01-20. However, the principle of the answer equally applies to this also.
The effective date to be reckoned for the purpose of calculation of continuous service should be the actual date of proposed retrenchment.
If on that date the employee has completed 240 days of service during the preceding 12 calendar months including admissible interruptions u/s 25-B of the ID Act, 1947, he is entitled to notice and retrenchment compensation and if otherwise, not entitled.

From India, Salem
Dear Santosh,
The following are explanation to your questions;
(1) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorized leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work which is not due to any fault on the part of the workman;
(2) where a workman is not in continuous service within the meaning of clause (1) for a period of one year or six months, he shall be deemed to be in continuous service under an employer-
(a) for a period of one year, if the workman, during a period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-
(i) one hundred and ninety days in the case of a workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
(b) for a period of six months, if the workman, during a period of six calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-
(i) ninety-five days, in the case of a workman employed below ground in a mine; and
(ii) one hundred and twenty days, in any other case.
Explanation: For the purposes of clause (2), the number of days on which workman has actually worked under an employer shall include the days on which-
(i) he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under this Act or under any other law applicable to the industrial establishment;
(ii) he has been on leave with full wages, earned in the previous year;
(iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and
(iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks.]
The acts has made clear that one has to put 240 days working in 12 calender month prior to date workmen is getting retrenched................> we confused between the lines and their interpretations.
Your Questions No-2: Person has worked 247 days (including Weekly off & Holiday) in 15 Months : Is not eligible

From India, Mumbai
Please Login To Add Reply






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™