Procedural requirements for individual dismissals - India - 2019
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- The Industrial Disputes Act, Act No. 14 of 1947 as last amended by the Act No. 24 of 2010
Date: 18 Aug 2010; view website » (view in NATLEX »)
- Workmen's Compensation Act, 1923,as last amended on 8 December, 2008
Date: 08 Dec 2008; view website » (view in NATLEX »)
- Industrial Employment (Standing Orders) Central Rules, 1946, as last amended on May 22, 1971 (Model Standing Orders (MSO))
Date: 22 May 1971; view website » (view in NATLEX »)
- Maternity Benefit Act, 1961 (No. 53 of 1961), as last amended by Act No. 15 of 2008
Date: 01 Apr 2008; view website » (view in NATLEX »)
- Industrial Employment (Standing Orders) Act, 1946 (Act No. 20 of 1946) As Amended by Acts Nos. 3 of 1951, 36 of 1956, 16 of 1961, 39 or 1963, 51 of 1970 and 18 of 1982
Date: 17 May 1982; view website » (view in NATLEX »)
- Payment of Gratuity Act, 1972, as last amended by Act No. 25 of 1984
Date: 18 May 1984; view website » (view in NATLEX »)
Notification to the worker to be dismissed: written
- Sec. 13 MOS
Also IDA – section 25F (chapter V-A) and 25N (chapter V-B)
- Sec. 13(1) MOS states that permanent monthly paid workers are entitled to one month's notice, while other types of permanent workers shall be given two week's notice.
Sec. 9 of IDA sets one month's notice for employer who proposes to retrench workers.
Also, Sec. 25N IDA states that(applies in case of retrenchment to establishments with 100 or more workers):
(1) No workman employed in any industrial establishment to which this Chapter applies, who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until,
(a) the workman has been given three months' notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice; and
Sec. 25F (applies in case of retrenchment to establishments with 50 or more workers) provides that before retrenching an employee employed for a period of continuous period of not less than one year he/she must be has been given one months notice in writing.
Pay in lieu of notice: Yes
- Sec. 13(1) MSO provides for the one month's pay in lieu for the monthly rated worker and two month's pay in lieu for other workers under the permanent contract. Workers under fixed term contract, probationary period or badli are not entitled to pay in lieu (sec. 13(2) MSO)
Notification to the public administration: No
Notification to workers' representatives: No
Approval by public administration or judicial bodies: Yes
- Sec. 25N IDA (applicable only to industries with 100 or more workers) prescribes for the prior permission of the appropriate Government in case of the retrenchment of the worker who has been in continuous service with the employer for not less than one year.
Approval by workers' representatives: No