If a worker refuses to accept alternate employment in the industrial establishment where he has been laid off or in any other establishment belonging to the Employer, situated in the same town within a radius of 8 kms. and if such employment does not require any special skill or previous experience and without reducing his normal wages, then on such refusal to do the alternate employment such worker will not be eligible to be paid any lay-off compensation.

There are other such provisions in the Industrial Disputes Act governing lay-off in an industrial establishment. Some of these conditions could provide some relief to the Employer who would already be burdened by the conditions necessitating the declaration of the lay-off. Therefore it is essential that Employers are aware of the conditions related to lay-off.

   
 

 

Temporary Employee cannot as a matter of right make a claim to the post - Supreme Court

The Supreme Court in a recent judgment had ruled that temporary employees cannot as a matter of right make a claim to the post and merely because some other temporary employees were regularized This establishment in this case, in which the said employees were employed, was a Government establishment. The fact of the case would help Employers understand the conditions under which such a claim cannot be sustained.

 

To educate yourself on the various rights vested with Employers while declaring lay-off and understand some of the conditions under which a temporary employee's claim for permanency will not be sustained in the Courts of Law....

 

  Read the August 2011 issue of "R&M Bulletin"