Law PresentationOn

Lay-OffUnder

Industrial Dispute Act,1947

Submitted by-Supriya Hegde

F.Y.B.M.S.Roll No-7136

Section 2(kkk)

 

According to this Section,the term ‘Lay-off’ means refusal,failure,inability of the employer on account of shortage of coal,power,raw materials or accumulation of stocks,breakdown of machinery or for any other reason to give employment to workman whose name is borne on the muster roll of an industrial establishment & who is not been retrenched.

Section 2(kkk)

 

According to this Section,the term ‘Lay-off’ means refusal,failure,inability of the employer on account of shortage of coal,power,raw materials or accumulation of stocks,breakdown of machinery or for any other reason to give employment to workman whose name is borne on the muster roll of an industrial establishment & who is not been retrenched.

Requirements Of Lay Off Number of workers Seasonal/Work in intervals Unemployment~any reason Present at place of work Employer’s Inability. Names & Designation Layoff Method Lay Off Permission ( 30 days ) If Application is rejected

Right of Workmen for Layoff Compensation

Section 25C

Name in Muster Roll Casual Worker Continuous Service if (1yr ) The workmen work – 12 calender months 195 Days – in a mine 240 Days – any other case

IF the workmen works – 6 calender months 95 Days – in a mine 120 Days – any other case Weekly/ Public holidays Amount of Compensation

Payment of Compensation

Max. period (45 days ) Extension – 1 week Employer may

compensation for subsequent period

retrench the worker.

Circumstances disentitling a Workman Alternative Employment Same employer,same establishment Location of alternative employment Same skill & qualification Same amount of wages/standard Lay-off due to strike,go slow

Establishment exempted from paying Lay-Off Compensation Section 25A Industrial establishment –:less than 50

workmen

Average – preceding calender month Seasonal & Intermittent character Appropriate Government