Hi.
This is Somnath Prasad ,
please suggest me Is there any law if we want to give short break to emplyee due to market low condition in Manufacture industry ?
if yes, than what will be the procedure to make their salary and how in case if their leave not remain
From India, Delhi
3This is Somnath Prasad ,
please suggest me Is there any law if we want to give short break to emplyee due to market low condition in Manufacture industry ?
if yes, than what will be the procedure to make their salary and how in case if their leave not remain
From India, Delhi
The proposed short break in a manufacturing industry amounts to lay off as per the Industrial Disputes Act 1947. The term is defined as follows:-
"lay-off" (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery [or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched;
Explanation : Every workman whose name is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid-off for that day within the meaning of this clause:
PROVIDED that if the workman, instead of being given employment at the commencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laid-off only for one-half of that day:
PROVIDED FURTHER that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laid-off for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day;]
Therefore, the definition section of lay off renders it applicable to the industry. Chapters V-A and V-B of the Industrial Disputes Act prescribe the procedure to be followed in the case of lay off , either Chapter V-A or Chapter V-B is applicable depending on the number of workmen employed. If you go through section 25A(1), you will see that Chapter V-A is applicable to industrial establishments employing 50 or more workmen but less than 100, similarly Chapter V-B is applicable to industrial establishments employing 100 or more persons. Therefore the Chapter V-A and Chapter V-B of the Industrial Disputes Act applies to factories depending on employing the prescribed number of workmen as the case may be. The Industrial Disputes Act prescribes the procedure to be followed in case of lay-off. Provisions of Section 25 (C) will be applicable in case of applicability of Chapter VA and otherwise it is Section 25 (M).
In certain cases the power to lay-off can be found in the certified standing orders, or model standing orders as well. Pl ascertain the applicable provision from the aforesaid sources and see the details thereof, if there is still any query left, you may revert to the forum.
From India, Mumbai
"lay-off" (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery [or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched;
Explanation : Every workman whose name is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid-off for that day within the meaning of this clause:
PROVIDED that if the workman, instead of being given employment at the commencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laid-off only for one-half of that day:
PROVIDED FURTHER that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laid-off for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day;]
Therefore, the definition section of lay off renders it applicable to the industry. Chapters V-A and V-B of the Industrial Disputes Act prescribe the procedure to be followed in the case of lay off , either Chapter V-A or Chapter V-B is applicable depending on the number of workmen employed. If you go through section 25A(1), you will see that Chapter V-A is applicable to industrial establishments employing 50 or more workmen but less than 100, similarly Chapter V-B is applicable to industrial establishments employing 100 or more persons. Therefore the Chapter V-A and Chapter V-B of the Industrial Disputes Act applies to factories depending on employing the prescribed number of workmen as the case may be. The Industrial Disputes Act prescribes the procedure to be followed in case of lay-off. Provisions of Section 25 (C) will be applicable in case of applicability of Chapter VA and otherwise it is Section 25 (M).
In certain cases the power to lay-off can be found in the certified standing orders, or model standing orders as well. Pl ascertain the applicable provision from the aforesaid sources and see the details thereof, if there is still any query left, you may revert to the forum.
From India, Mumbai
KKHR explained the provision under the ID Act that is applicable to your action. However what do you mean by low market condition due to which you want to give the break?
B.Saikumar
HR & Labour Relations Adviser
Navi Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Relations Adviser
Navi Mumbai
From India, Mumbai
Dear Member,
KKHR explained well about the provisions of Lay-off under the ID Act. Any breaks without complying the provisions of Lay-off will be considered as ill-legal which attracts penal action under the said Act.
Chapter - VA applies to where less than 100 employees were/are employed in the Industrial Establishment.
Chapter - VB applies to where more than 100 employees were/are employed in the Industrial Establishment.
From India, Madras
KKHR explained well about the provisions of Lay-off under the ID Act. Any breaks without complying the provisions of Lay-off will be considered as ill-legal which attracts penal action under the said Act.
Chapter - VA applies to where less than 100 employees were/are employed in the Industrial Establishment.
Chapter - VB applies to where more than 100 employees were/are employed in the Industrial Establishment.
From India, Madras
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