A lay off is a temporary separation of an employee from his employer.
Layoff means failure refusal or inability of an employer on account of shortage of coal, power or raw materials aur the accumulation of stocks aur The breakdown of the machinery or for any other reasons to give employment to work man whose name is born on the muster rolls of his industrial establishment.
Procedure of layoff
• Employer has to provide a notice of the period of Layoff within 7 days.
• Refusal for employment of work men can only be for the reason specified in 2(kkk) of the standing order.
• The layoff should occur due to something beyond the control of the employer.
• It should result in temporary non employment of the workman whose name occurs on the muster rolls of the industrial establishment.
• The employer expects that within a reasonable time the industry would continue and the work man will be resorted there rights.
• Layoff always occurs in continuing concern when the concern is closed for all time to come, layoff has no relevance.
• A layer of cannot be declared merrily for the reason that the employer has suffered a financial loss for reasons beyond his control, for such Lay off would-be unjustified and invalid too and the workmen can claim full wages for the period of layoff.
Compensation for layoff
• A work men who is laid off is entitled for compensation equivalent to the 50% of his total basic wages and dearness allowance for the period of layoffs.
• Is right of compensation is however subjected to the following conditions:-
• He is not a Badli or a casual workman.
• His name should be borne on the muster roll of the establishment.
• He should have completed not less than one year of continuous service under the employer.
• Compensation can normally be claimed for not more than 45 days during any period of twelve months. Even if layoff exceeds 45 days during any period of 12 months no compensation is required to be paid for the excess period if there is an agreement to that effect between the workmen and the employer.
• If the period of Layoff exceeds 45 days the employer has to alternative before him namely
• To go on paying layoff compensation for such subsequent periods.
• To retrench the workmen.
Workman not entitled to layoff compensation.
• No compensation is payable to the workmen under the following circumstances
• Where a workman refuses to accept any suitable employment offered to him by the employer. Sach employment may be in the same establishment or any other establishment belonging to the employer aur in the same town all same village or at place situates within a radius of 5 miles from the establishment to which he belongs which is of the same nature and which carries same wages.
• Where a workman who has been laid off does not present himself for work at least once a day at the appointed time during normal business hours.
• Where the laying of is due to the strike or slowing down of the production by the workman in another part of the establishment.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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