The Small Factories (Regulation of Employment and Conditions of Services) Bill, 2014. Chapter XI Retrenchment and Termination of Service 26. Conditions precedent to retrenchment of worker. (i) No worker employed in any industry who has been in service for not less than two hundred and forty days in twelve consecutive calendar months and thereafter under an employer shall be retrenched by that employer until-- (a) the worker has been given one months notice in writing indicating the reasons for retrenchment or given one month‘s wages in lieu of the notice; (b) the worker has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days wages for every completed year of service or any part thereof in excess of six months which is electronically deposited in the account of the worker; Provided that retrenchment does not include termination of service on account of retirement on superannuation and / or disablement, disciplinary proceedings, abandonment by the worker or the refusal of the worker to resume work. (ii) Procedure for retrenchment. Where any worker in an industrial establishment, who is a citizen of India, is to be retrenched and he belongs to a particular category of workers in that establishment, in the absence of any agreement between the employer and the worker of the small factory in this behalf, the employer shall ordinarily retrench the worker who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other worker.
Posted on: Sat, 18 Oct 2014 14:15:00 +0000
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