Legal Aid

FAQ


Question 1: I am a factory worker and I have been removed from service without any notice. Can I do something?

Answer: Yes, this is called Retrenchment. Under Section 25-F of Industrial Disputes Act, 1947 an employer is bound to give notice before month. If an employer wants to remove a person from services, he must pay one month’s salary in lieu of this notice. In addition to this, workmen must be paid compensation equal to 15 days salary for every completed year of service. For example, If a worker has completed his service of 10 years, he shall be entitled to 10*15= 150 Days’ salary upon his removal from services.

Question 2: After removing me from the service, my employer has recruited someone else to do the same job. What can I do?

Answer: Under section 25-H of Industrial Disputes Act, 1947 you have a preferential right to be employed again in case of vacancy. Employer must offer you an opportunity to be employed before employing someone else for the same work.

Question 3: Irrespective of the fact that I am senior (in terms of service duration) to others, my employer is threatening me to remove from the services whereas, continuing with the fellow junior workers. Can I do Something?

Answer: Your employer cannot do this. Being a senior worker (in terms of service duration), you have a right to be removed in last according to the Rule of “First Come Last Go” enumerated under Section 25-G of Industrial Disputes Act, 1947.

Question 4: My employer is not in situation to provide me employment for next 15/30 days due to the reasons outside his control. Are we entitled to some payment during this period?

Answer: This is called Lay-Off. According to Section 25-C, you must be paid by the employer for this period, compensation equal to fifty per cent, of the basic wages and dearness allowance (except for weekly holidays).

Question 5: What is an Industrial Dispute? What aspects are covered in it?

Answer: It means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen. Matters connected with the employment or non-employment or the terms of employment or with the conditions of labor, of any person are covered.

Question 6: How an Industrial Dispute can be raised?

Answer: It can be raised orally or in writing. A dispute raised by a single workman cannot become an industrial dispute unless it is supported either by his union or in the absence of a union, by a substantial number of workmen.

Question 7: Where an employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, can it be taken up as an Industrial Dispute?

Answer: Yes, notwithstanding that no other workman nor any union of workmen is a party to the dispute, it can be taken up as an Industrial Dispute by virtue of Section 2A of Industrial Disputes Act, 1947.

Question 8: My employer is not in situation to provide me employment for next 15/30 days due to the reasons outside his control. But, he is offering me similar alternate employment in another factory belonging to him which is nearby the old one. If I do not join the alternate employment offered by the employer, shall I be still eligible for Lay-Off Compensation?

Answer: No. If the new place of employment is situated in the same town or village or within a radius of five miles from the establishment to which you belong, you are not entitled to any Lay-Off compensation.

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