Due to uncertainty, persisting in duration of lock down in the city where establishment is situated and restriction on operating hours on business of establishment, the establishment was closed and all staffs were left after payment of all legitimate dues till day of closure. There services were marked as left in PF account maintained by EPFO.
The question is that if the establishment gets re-started after certain period, then
1. Is it necessary to employee same staff or given preference under any law of land, if yes under which Act
2. If some of the left employees are re-employed, will they be treated as fresh employees from the date of re-joining or shall be treated in continuation to past employment and what will be treatment of settlement amount paid to them in lieu of notice pay, encashment of leave salary and payment of gratuity.
The question is that if the establishment gets re-started after certain period, then
1. Is it necessary to employee same staff or given preference under any law of land, if yes under which Act
2. If some of the left employees are re-employed, will they be treated as fresh employees from the date of re-joining or shall be treated in continuation to past employment and what will be treatment of settlement amount paid to them in lieu of notice pay, encashment of leave salary and payment of gratuity.