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?
From Bangladesh
From Bangladesh
Dear Tarik
In India Industrial Dispute Act 1948 provides for retrenchment. Accordingly generally the principle of Last in First Out applies. In given case if date of joining is the same they will be distinguished based on Employee code. The one with 501 will be junior to 500.
Saying this, please note that this is not sacrosanct rule, the law also says that if the skills and competence required to run the business are not possessed by those senior as per LIFO rule, the employer has right to retain those who possess the skills and may retrench those seniors not having the required skills.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
300In India Industrial Dispute Act 1948 provides for retrenchment. Accordingly generally the principle of Last in First Out applies. In given case if date of joining is the same they will be distinguished based on Employee code. The one with 501 will be junior to 500.
Saying this, please note that this is not sacrosanct rule, the law also says that if the skills and competence required to run the business are not possessed by those senior as per LIFO rule, the employer has right to retain those who possess the skills and may retrench those seniors not having the required skills.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
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