Dear Seniors,
Please clarify my doubts below:
1. If a layoff has been announced by the company, does the worker really need to come to the company even if the employer has given a whole day layoff?
2. If the worker comes, should the worker stay in the 2nd half even if the employer said it's a full-day layoff?
3. If the employer has mentioned that the 2nd half may have work, but unfortunately, the employer can't provide it, what would be the layoff compensation for the 2nd half? Is it half or full basic wages?
Regards,
Sakthi Sukumar
From India, Kolkata
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2Please clarify my doubts below:
1. If a layoff has been announced by the company, does the worker really need to come to the company even if the employer has given a whole day layoff?
2. If the worker comes, should the worker stay in the 2nd half even if the employer said it's a full-day layoff?
3. If the employer has mentioned that the 2nd half may have work, but unfortunately, the employer can't provide it, what would be the layoff compensation for the 2nd half? Is it half or full basic wages?
Regards,
Sakthi Sukumar
From India, Kolkata
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I am happy to see members putting up issues/queries/topics related to "ID Act" for discussion. This act, for some strange reason, has not been discussed much in this forum, despite it being one of the most instrumental and complicated labor legislations that can be analyzed, interpreted, and evaluated from multiple angles.
However, let me answer your queries precisely in the order they have been asked:
1) YES.
As per sec 25E, the workman/workmen (WHO HAS BEEN LAID-OFF) is not entitled to compensation if he does not present himself for work at the establishment at the appointed time during normal working hours AT LEAST ONCE A DAY.
2) NO.
The workman/workmen (WHO HAS BEEN LAID-OFF) need not have to stay in the 2nd Half if he is informed about the lay-off for that day (within 2 hours of his presenting himself) when he presents himself for work at the appointed time during the normal working hours on that particular day. However, he would have to present himself in the 2nd half of the day if asked by the employer to do so.
3) FULL BASIC WAGES as IT WOULD NOT BE DEEMED TO HAVE BEEN LAID-OFF FOR THE 2ND HALF.
If the workman presents himself in the 2nd half of the day as instructed by the employer and the employer is still not able to give employment to the workman, then this would NOT BE DEEMED TO BE LAID-OFF for the 2nd half of the day. And hence, the workman shall be entitled to full basic wages and DA for that part of the day.
I hope I have answered your queries to your satisfaction. You may revert to me in case of any further queries.
Cheers,
A.B.
From India, Mumbai
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However, let me answer your queries precisely in the order they have been asked:
1) YES.
As per sec 25E, the workman/workmen (WHO HAS BEEN LAID-OFF) is not entitled to compensation if he does not present himself for work at the establishment at the appointed time during normal working hours AT LEAST ONCE A DAY.
2) NO.
The workman/workmen (WHO HAS BEEN LAID-OFF) need not have to stay in the 2nd Half if he is informed about the lay-off for that day (within 2 hours of his presenting himself) when he presents himself for work at the appointed time during the normal working hours on that particular day. However, he would have to present himself in the 2nd half of the day if asked by the employer to do so.
3) FULL BASIC WAGES as IT WOULD NOT BE DEEMED TO HAVE BEEN LAID-OFF FOR THE 2ND HALF.
If the workman presents himself in the 2nd half of the day as instructed by the employer and the employer is still not able to give employment to the workman, then this would NOT BE DEEMED TO BE LAID-OFF for the 2nd half of the day. And hence, the workman shall be entitled to full basic wages and DA for that part of the day.
I hope I have answered your queries to your satisfaction. You may revert to me in case of any further queries.
Cheers,
A.B.
From India, Mumbai
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