X and Y both workers Joining Date 01-03-2013, X’s card no 500 and Y’s card no 501. their performance same. If Management retrenches a worker, who?
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Retrenchment Principles Under the Industrial Disputes Act, 1948
In India, the Industrial Disputes Act of 1948 provides for retrenchment. Generally, the principle of "Last in, First Out" applies. In a given case where the date of joining is the same, employees will be distinguished based on the employee code. The one with the code 501 will be junior to the one with the code 500.
It is important to note that while this rule is commonly followed, it is not an absolute principle. The law also states that if the skills and competence required to operate the business are not possessed by those who are senior as per the "Last in, First Out" rule, the employer has the right to retain those who possess the necessary skills and may retrench those seniors who do not have the required skills.
Regards,
Shailesh Parikh
[Phone Number Removed For Privacy Reasons]
Vadodara, Gujarat
From India, Mumbai
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305In India, the Industrial Disputes Act of 1948 provides for retrenchment. Generally, the principle of "Last in, First Out" applies. In a given case where the date of joining is the same, employees will be distinguished based on the employee code. The one with the code 501 will be junior to the one with the code 500.
It is important to note that while this rule is commonly followed, it is not an absolute principle. The law also states that if the skills and competence required to operate the business are not possessed by those who are senior as per the "Last in, First Out" rule, the employer has the right to retain those who possess the necessary skills and may retrench those seniors who do not have the required skills.
Regards,
Shailesh Parikh
[Phone Number Removed For Privacy Reasons]
Vadodara, Gujarat
From India, Mumbai
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