Lay off and Retrenchment - Industrial Disputes Act(1947), Industrial Laws Video Lecture | Industrial Laws - B Com

hello friends this is Rupali here
working as an assistant professor today
I am going to deliver a lecture and
layoffs in retrenchment first we will
understand what do you mean by playoff
real often retrenchment are one of the
important examples of an external
mobility of an employee so what is
layoffs layoffs is a temporary
separation of an employee from his or
her employer at instance of the letter
without pressurized to a former
according to section 2 triple K of
Indian industrial dispute axe layoffs
means failure refusal or inability of an
employer on account of shortage of coal
power and raw material or the
accumulation of stock but the breakdown
of machinery or for any other reason to
give an employment to work meant whose
name is born on master rules of his
industrial establishment and who has not
been free changed ok layoffs is an
external type of mobility of an employee
according to section 2 k k of indian
this industrial dispute act layoff is
what it is a failure refusal or
inability of an employer on account of
shortage of gold on account of shortage
of coal means what there is a shortage
of coal power and raw material in an
organization or there may be an exist or
where a new machineries breakdown in
organization due to these reasons an
employer is not able to give an
employment to the workman so as well as
whose name should be born on the muster
rule and his industrial establishment
and who has not been retrained
the employee who has not been retrained
and due to the inability of a workman
the employer cannot provide work to the
employee so this is the reason why the
employer is not going to provide work to
the workman so he will declare a layoff
that is temporary separation of an
employee from his service the employee
is not going to totally retrenched or
totally terminated from his service but
due to some reasons the employee
is unable to provide an employment
abortion to to the workmen so he will
lay off the worker for temporary period
of time now we will discuss what are the
reasons for layoffs first decline in
self
if the cells is not there if or if the
cells is continuously declining then
company will not produce excess cells or
excess production why because sense is
not the demand is not there then what is
the use of production so cells is
declined continuously so the company is
going to stop the production and hence
for the employee has to take it off from
the company second shortage of raw
material of the raw material is the
basic thing or the fundamental thing for
a product why because the raw material
is conversion or raw material is going
to convert into it finished product if
the raw material is not at all available
in the market or from any source of raw
material is not there not at all getting
your raw material so we cannot produce
the product so what if we production is
not there or if the production unit is
stopped then we can't pay the workers
when there is no one it is a loss of
company so company will declare layoffs
third displacement caused by technology
if technological changes are there or
technological changes are adopted by an
organization so for introduction or for
training purpose the company has to bear
a loss of compensation or the
remuneration of workmen so instead of
that what they do they will ask workers
to sit at home for a particular period
or for a particular displacement or for
replacement of existing technology with
new technology with sophisticated
technology okay next delay in production
continuously there is delay in
production due to sip for example due to
outdated technology this is the case
then continuously there is delay in
production so the customers are not
getting product in time so the
complaints are more to avoid these kinds
of situations or to avoid this
circumstance
this company will stop the production
and they will ask worker to take leave
for certain period of time next next
accumulation of goods in the godown in
large quantity if already we have our
warehouses we have our godowns the
excess excessive loading or there is a
full product or there is a not at all
dispatching of the product the product
which are produced in the company they
are already kept in a go down as it is
there is no sense there is no demand so
if we have the stock then why should we
produce more we should not so strong is
available in up or down so we will not
produce the production or we will not
produce the product so we have to tell
the workers there is no production for
this in this period because we have a
neck system so we will ask workers or
the company will declare for layoffs
when until and unless the stock will
finished or the stock will come into the
market and the last breakdown of machine
if the machinery which are there in our
organization are break down due to some
reasons so it will cause a stoppage in
production so production is not there it
means what we should not pay the worker
if the payment is not there then worker
will not come to 1 because payment is
the ultimate reason why they come to the
work read so breakdown of machinery is a
reason for layoffs for a declaration of
layoff in a company understood the third
point that is compensation for layoffs
according to Section 25 C of industrial
dispute and the workman who is laid off
is entitled to get a compensation
equivalent equivalent to 50 percent of
the total basic wages and the artists
allowances for the period of layoffs
means what and the company has declared
the period of layoffs okay in that
period the employees getting
compensation of 50 percent of their
total basic wages means half of the
salary he is going to get along with
their disallowances there are two
benefits in compensation
employee is going to get 50 percent his
wage and salary for his total basic
wages and as well
along with the basic wages he's going to
get in there is allowances okay so write
down or understand what are the
conditions for compensation when he can
get a compensation first he is not a bug
li or casual worker he should be or his
name should must or appear in a muster
rule he should not be a badly worker or
a contract worker he should be a
permanent worker or his name must be
appear on the muster role of a company
then only he is enabled or he is capable
to get a compensation against her layoff
second his name should be born on the
muster role of the establishment as I
told you he should not be a badly worker
he should not be a contract worker he
showed me in the muster role of a
company and the third condition he
should have completed not less than one
year of a continuous service under the
employer means what under the same
employer under one employer he should
have at least completed his one year of
service then only he is eligible to get
a compensation against layoffs there are
three condition first he should not be a
badly worker second his name should be
bought on muster roll and the third he
should complete at least one year of his
service in one employer or under one
employers that's it okay understood
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