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Nidhi vora (Service)     22 February 2009

Retrenchment

Dear Friends,

In our company 85 Nos.of total employees are working,we want to retrench some of them.

My querry is 1) compensation at what quantum?

                       2) Apart from retrenchment compensation any other compensation like notice pay etc.because appointment letter condition is 3 months notice by either side,so notice pay is nacessary?

 

 

Nidhi



 2 Replies

Guest (Guest)     26 February 2009

Yes. Notice pay of 3 months' is required to pay.  As per Industrial Disputes Act, 1947 only one month notice is required.  But beneficial to the workmen, a provision has been included in the appointment letter is there, the latter will prevail. For each and every completed year of service, 15 days wages (in fact it comes out to 17 days wages) has to be paid as retrenchment compensation.  Thirdly, 15 days (again in fact 17 days) wages as gratuity amount to the employees, who completed 5 years of service.


Lastly, the retrenchment shall follow the principle of "last come...first go".


Prabhakar

Suresh C Mishra (advocate)     22 May 2009

 i am totally agree with Mr Prabhaker and apart from that it is required to give notice to the showing the reasons of the retrenchment and information to the conciliation of the area concern to this effect in order to justify the retrenchment of the employee apart from the payment of retrenchment compenstion and other dues .


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