This document summarizes Indian labor law regarding retrenchment. It defines retrenchment as the termination of an employee's services by the employer for any reason other than as punishment. Originally, Indian law did not require compensation for retrenchment, but amendments in 1953, 1964, and 1976 established compensation requirements. The 1976 amendment distinguished between industries employing over 100 workers, for which special provisions apply, and other industries covered under the original Chapter V-A. Both chapters require employers to follow principles of seniority-based layoffs and re-employment of retrenched workers. Employers must also follow notice periods and compensation levels specified in the applicable chapter or face penalties.
Section 3 to 6 of the Trade Union Act 1926 gives details about Registration of Trade Union and section 7 to 10 of the Act gives details about Registration , Certificate and Cancellation of Registration.
Lay-off and Retrenchment โdifference between lay-off and
Retrenchment their application, necessary preconditions for their
application, lay-off and retrenchment compensation, special
provisions relating to lay-off, retrenchment, and closure in certain establishments, penalty, and punishment for illegal lay-off or retrenchment, the consequences of illegal lay-off or retrenchment.
Strike and Lockout - Legal and illegal strikes and lockouts,
Justified and unjustified strikes and lockouts, Strike and lockout in public utility services and other industries, Distinction between
lockout and closure, strike and lockout.
Section 3 to 6 of the Trade Union Act 1926 gives details about Registration of Trade Union and section 7 to 10 of the Act gives details about Registration , Certificate and Cancellation of Registration.
Lay-off and Retrenchment โdifference between lay-off and
Retrenchment their application, necessary preconditions for their
application, lay-off and retrenchment compensation, special
provisions relating to lay-off, retrenchment, and closure in certain establishments, penalty, and punishment for illegal lay-off or retrenchment, the consequences of illegal lay-off or retrenchment.
Strike and Lockout - Legal and illegal strikes and lockouts,
Justified and unjustified strikes and lockouts, Strike and lockout in public utility services and other industries, Distinction between
lockout and closure, strike and lockout.
BONUS ACT BASICS
Aย bonusย is an extraย amountย ofย moneyย that isย addedย to someone's pay, usually because they have worked veryย hard.
The practice of paying bonus in India appears to have originated during First World War when certain textile mills granted 10% of wages as war bonus to their workers in 1917.
This slides shows the important definitions of Trade union. And gives an idea about recognition and registration of trade union & the differences between them.
This is a short PPT. It contains the provisions of Unfair Labour Practices and its preventions. It comes under the Industrial Disputes Act. Provisions are complying with relevant case laws. This PPT fulfilling all conditions of a standard PPT.
BONUS ACT BASICS
Aย bonusย is an extraย amountย ofย moneyย that isย addedย to someone's pay, usually because they have worked veryย hard.
The practice of paying bonus in India appears to have originated during First World War when certain textile mills granted 10% of wages as war bonus to their workers in 1917.
This slides shows the important definitions of Trade union. And gives an idea about recognition and registration of trade union & the differences between them.
This is a short PPT. It contains the provisions of Unfair Labour Practices and its preventions. It comes under the Industrial Disputes Act. Provisions are complying with relevant case laws. This PPT fulfilling all conditions of a standard PPT.
The presentation is all about the relevant provisions related to approval of standing orders as mentioned under INDUSTRIAL EMPLOYMENT (STANDING ORDERS)
CENTRAL RULES, 1946
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It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
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This article provides a comprehensive guide on how to
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It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
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As a business owner in Delaware, staying on top of your tax obligations is paramount, especially with the annual deadline for Delaware Franchise Tax looming on March 1. One such obligation is the annual Delaware Franchise Tax, which serves as a crucial requirement for maintaining your companyโs legal standing within the state. While the prospect of handling tax matters may seem daunting, rest assured that the process can be straightforward with the right guidance. In this comprehensive guide, weโll walk you through the steps of filing your Delaware Franchise Tax and provide insights to help you navigate the process effectively.
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A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
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Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
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Stay ahead of the curve with our premium MEAN Stack Development Solutions. Our expert developers utilize MongoDB, Express.js, AngularJS, and Node.js to create modern and responsive web applications. Trust us for cutting-edge solutions that drive your business growth and success.
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Explore our most comprehensive guide on lookback analysis at SafePaaS, covering access governance and how it can transform modern ERP audits. Browse now!
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HR recruiter services offer top talents to companies according to their specific needs. They handle all recruitment tasks from job posting to onboarding and help companies concentrate on their business growth. With their expertise and years of experience, they streamline the hiring process and save time and resources for the company.
"๐ฉ๐ฌ๐ฎ๐ผ๐ต ๐พ๐ฐ๐ป๐ฏ ๐ป๐ฑ ๐ฐ๐บ ๐ฏ๐จ๐ณ๐ญ ๐ซ๐ถ๐ต๐ฌ"
๐๐ ๐๐จ๐ฆ๐ฌ (๐๐ ๐๐จ๐ฆ๐ฆ๐ฎ๐ง๐ข๐๐๐ญ๐ข๐จ๐ง๐ฌ) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
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A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
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Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
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Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
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Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
2. INTRODUCTION
โข MEANING OF RETRENCHMENT :
โข Retrenchment means the discharge of surplus labour or staff by
the employer for any reason whatsoever, otherwise than by way of
punishment inflicted as a measure of disciplinary action.
โข The words โ for any reason whatsoeverโ are the key words. It
implies that the discharge of labour force may be for any reason
such as (i)economy (ii) rationalisation in industry (iii) installation of a
new labour saving machinery but the only thing provided is that it
should not as a punishment.
โข For what reasons and at what time the employer would
discharge the surplus, is entirely his discretion.
3. DEFINITION OF RETRENCHMENT
โข S. 2 (oo) of The Industrial Disputes Act, 1947 defines the term in the following words :
โข
โข (1) Retrenchment means the termination by the employer of the service of a workman ;
โข (2) The termination may be for any reason whatsoever;
โข (3) But the termination should not be as a measure of punishment by way of disciplinary
action.
โข The following are not retrenchment :
โข (a) voluntary retirement of a workman, or
โข (b) retirement of a workman on reaching the age of superannuation if the
contract of employment between the employer and the workman
concerned contains a stipulation in that behalf ; or
(bb) termination of the service of a workman as a result of the non-renewal of the contract of
employment between the employer and the workman concerned on its expiry or of such
contract being terminated under a stipulation in that behalf contained therein , or
(c) termination of the service of a workman on the ground of continued ill- health.
4. RETRENCHMENT COMPENSATION and
THE AMENDMENTS
โข As mentioned earlier the has discretionary power
to retrench the employees. Thus it is clear that
the workmen without any fault are deprived of
their right to work but are they compensated for
this? Thatโs really a vital question and most
surprisingly the original enactment of 1947
contained no provision for retrenchment
compensation. As a result amendment became
necessary and in this respect the 3 amendments
respectively of 1953, 1964 and 1976 are mention
worthy.
5. 1953 AMENDMENT
โข IN 1953 a huge stock had accumulated in textile industries. Textile
mills were in a mood to close one or more shifts. The closure must
have resulted in retrenchment or laying-off a large number of
textile employees causing great unrest in the whole of the textile
industry. In order to overcome the situation the president of India
promulgated The industrial Disputes (Amendment ) Ordinance,
1953 to take effect from 24th October, 1953. The Ordinance made
provision for payment of compensation for lay-off and
retrenchment. The said Ordinance was repealed and replaced by
The Industrial Disputes ( Amendment ) Act, 1953 on 23rd December,
1953. By this amendment Ss. 25-A to 25-J under Chapter V- A was
introduced to the Act. Among these sections Ss. 25- F, 25-G and 25-
H deals with retrenchment provisions
6. 1976 AMENDMENT
โข The 1976 amendment inserted another chapter called
Chapter V- B which contains the special provisions
relating to lay- off and retrenchment. This Chapter is
applicable to the following industries :
โข Industry not being seasonal or in which work is not
performed only intermittently and in which not less
than 100 workmen are employed on an average per
working day in the preceding 12 months.
โข This means that the rest are covered by the provisions
of Chapter V-A.
7. GENERAL PROVISIONS APPLICABLE TO
BOTH THE CHAPTERS S. 25-G & 25-H
โข Both the chapters are guided by two principles
which are :
โข (1) โFIRST COME LAST GO,
LAST COMNE FIRST GOโ
(2) PRINCIPLE OF RE-EMPLOYMENT
8. Conditions for FIRST COME LAST GO
AND LAST COME FIRST GO PRINCIPLE
โข To claim protection under this principle:
โข (1) he must be a workman and the
establishment he works in is an industry
within the meaning of this Act
(2) he must belong to a particular category of
workman.
9. Conditions for PRINCIPLE OF RE-
EMPLOYMENT
โข It is based on the known principle that when a workman has been retrenched by the employer on
the ground of surplus staff, such workman should first be given an opportunity to join service
whenever an occasion to employ another hand arises. This section imposes a statutory obligation
on the employer to give opportunity to the retrenched employees to offer themselves for re-
employment. However in order to claim preference in employment a workman must satisfy the
following conditions:
โข (1) he should have been retrenched prior to re-
employment;
(2) he should be a citizen of India;
(3) he should offer himself for re-employment in response to the notice
by the employer
(4) he should have been retrenched from the same category of service in the industrial
establishment in which the re- employment is proposed.
10. CHAPTER V-A
โข S. 25-F deals with some mandatory pre-conditions which the employer must fulfill
otherwise the retrenchment would become invalid and it would attract penalty u/s
31 (2) of the Act. It says that :
โข (a) Notice : One month prior notice indicating the reasons for retrenchment
must be given to the employee or wages should be paid for the period of notice in
lieu of the notice
โข (b) Compensation : The workman should have been paid at the time of
retrenchment, compensation equivalent to 15 days average pay for every
completed year of service or any part thereof in excess if six months
โข (c) notice in the prescribed manner should be given to the appropriate
government or to the specified authority by the appropriate government.
โข If the above 3 steps are not complied then the retrenchment will be void ab-initio
and the employee would be entitled to all consequential benefits as if there had
been no retrenchment.
11. CHAPTER V-B
โข S.25-N contains some mandatory pre-conditions which are to be followed by industries under Chapter V- B. it can
be summarised into the following steps:
โข 1. Notice : 3 months prior notice indicating the reasons for retrenchment must be given to the employee by the
employer and in absence of such a notice wages for th period of notice should be paid to the employee.
โข 2. Application : An application in the prescribed manner seeking the permission of retrenchment should be
given to the appropriate government or any authority specified by the appropriate government.
โข 3. Enquiry : On receipt of the application the authority makes an enquiry in this behalf in the industrial
establishment.
โข 4. Order : after conducting enquiry and after considering all factors in this respect the authority issues its
order, either granting or refusing the application. If the authority does communicate its order within a period of 60
days from the receipt of the application then it is deemed to be granted.
โข Incase the application is granted then the employer can go for retrenchment after providing the employee, at the
time of retrenchment, compensation equivalent to 15 days average pay for every completed year of service or any
part thereof in excess of six months.
โข However in case, no application is made or the applicaton is refused then there will be no retrenchment and the
workman will be entitled to all such benefits as I f there had been no retrenchment.
โข In addition to this there is another penal provision for the employer u/s 25- Q
12. PENALTY
โข S.25-Q: an employer who cotravenes the
provisions of s. 25 โN shall be penalised as
follows:
โข (1) imprisonment upto one month or
โข (2) fine upto Rs. 1000
โข (3)with both.