Have you come across the term 'Lay Off'? Picture this: You wake up early, all set for another day at the office, only to find an email stating that you've been laid off. What would your initial reaction be? Unfortunately, in recent times, numerous national and multinational corporations have carried out mass layoffs.
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Global Mass Layoffs: Challenges and Concerns Ahead
According to a report by the Economic Times-Tech, major companies such as Microsoft, Amazon, Meta, Dell, HP, and Twitter, among others, have let go of significant numbers of employees. Shockingly, in 2022 alone, globally, approximately 164,969 individuals found themselves laid off, as reported by Layoffs.fyi, a real-time layoff tracking platform.
The sheer scale of these layoffs is staggering. What's even more concerning is the abrupt nature of these dismissals. One might wonder, how can these corporations execute such actions without facing legal repercussions?
Furthermore, what fate awaits those who have been laid off? How will they manage without a steady income for the foreseeable future? These questions loom large, especially concerning the livelihoods of those affected and their ability to navigate the challenging period of unemployment ahead.
Lay-offs under Industrial Disputes Act, 1947
Layoff, as per Section 2(kkk) of the Industrial Disputes Act, 1947, occurs when an employer cannot provide employment to a worker listed in the industrial establishment's muster roll due to reasons beyond their control. These reasons include insufficient coal, power, or raw materials, stock accumulation, machinery breakdown, natural calamities, or similar causes. It's important to note that the worker hasn't been retrenched for these reasons.
In simpler terms, a layoff happens when an employer can't give work to employees temporarily, usually due to a shortage of resources. This helps the employer keep the business running during tough times. If the employer decides to close the facility completely, then layoffs aren't relevant anymore. Layoffs aren't permanent, and they don't cancel the employment contract. It doesn't mean employees are completely fired; it just means they won't get their full wages for that period.
Real Life Case Scenario
In the case of Priya Laxmi Mills Ltd v. Mazdoor Mahajan Mandal (1976), the term 'Lay Off' was construed in alignment with its etymological meaning, indicating a temporary suspension of workers' duties for a specific period.
Subsequently, in Workmen of Firestone Tyre and Rubber Co. of India Ltd v. Management (1973), the Supreme Court ruled that 'Lay Off' does not constitute a complete dismissal of a worker or a temporary suspension of the employment contract. Rather, it signifies temporary unemployment for the workers.
The Court clarified that 'Lay Off' occurs when the employer fails, refuses, or is unable to provide employment to the workers due to reasons specified in the Act. This definition is explicit and distinct from the Western understanding of layoff, obviating the need for alternative definitions.
Important Conditions for Lay-offs
Before carrying out layoffs, certain essential conditions must be met:
The employer must be unable, fail, or refuse to provide work to the workers.
The affected workers must be those listed on the muster roll of the industrial establishment.
These workers should not have been retrenched previously.
This inability, failure, or refusal must be due to reasons such as insufficient coal, power, raw materials, stock accumulation, machinery breakdown, natural calamities, or other relevant factors.
Refusal, Inability, Failure In accordance with the Act's definition, if an employer cannot provide work due to reasons such as coal, power, or raw material shortages, stockpiling, machinery breakdowns, natural disasters, or any other circumstances beyond their control, any resulting layoffs are legally valid.
In a significant ruling, the Bombay High Court in Central India Spinning, Wearing and Manufacturing Co. Ltd., Nagpur v. State Industrial Court (1959) emphasized that the terms "failure, refusal, or inability of an employer" indicate that worker unemployment is not dependent on their actions.
Any Other Reason
The phrase "for any other reason" within Section 2(kkk) of the Act should be interpreted using the principle of ejusdem generis. In a landmark ruling, Management of K. Estate v. Rajamanickam (1960), the Supreme Court explained that "any other reason" in Section 2(kkk) must be akin to the explicitly mentioned reasons such as coal, power, raw material shortages, stockpiling, machinery breakdowns, or natural disasters. These reasons share the commonality of being beyond the employer's control, resulting in worker layoffs. Thus, "for any other reason" must possess similar characteristics.
When are Workers Considered Laid-Off?
Workers are considered laid off under the following conditions: if they are listed in the muster roll of the industrial establishment, willing to work, present during normal working hours, but do not receive work within two hours of being present. In such cases, they are deemed laid off for that day.
If a worker is asked to be present during the second half of the shift instead of being employed at the beginning of the day, they are considered laid off for only half of that day.
However, if a worker remains without work for any part of the day, despite being present, they are considered laid off for the entire day. In such cases, they are entitled to full basic wages and dearness allowance for that part of the day.
Compensation to Laid Off Workers
The Industrial Disputes Act, 1947, includes provisions for compensating workers under specific circumstances, allowing them to seek compensation from employers, with certain limitations. Workers laid off under Section 2(kkk) of the Act may be eligible for compensation, provided they meet certain conditions.
Industries Permitted to Lay-off
According to Section 25A of the Act, there are industrial establishments exempt from the requirement to compensate laid-off workers. These exemptions apply to:
Industrial establishments where, on average, fewer than 50 workers were employed on any day during the preceding calendar month.
Industrial establishments where work is performed seasonally or intermittently.
Industrial establishments covered under Chapter V-B of the Industrial Disputes Act, 1947.
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Conclusion
The Industrial Disputes Act, 1947, provides essential protections and provisions regarding lay-offs and compensation for workers in industrial establishments. Understanding the legal framework surrounding lay-offs, compensation entitlements, and the responsibilities of both employers and employees is crucial for ensuring fair treatment and mitigating hardships during periods of temporary unemployment. With clear definitions, conditions, and legal precedents outlined within the Act, it serves as a vital tool for safeguarding the rights and interests of both parties involved in labour disputes. Apart from all this, employers are suggested to purchase workers insurance to provide financial coverage if they get injured during working hours.
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08 Apr 2024 by Policybazaar3596 Views
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