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INDIAN LABOUR LAW

These sections will introduce you to the fundamentals of labour law in india



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TERMINATION OF EMPLOYMENT

 

• Termination for executive staff contractual and no involved procedure

• Termination of workman staff of two types: Dismissal due disciplinary reasons or Retrenchment of individual or group of workmen

• Termination of workman staff invariably leads to litigation

• Dismissal due to disciplinary reasons involves detailed disciplinary proceedings 

• Workman dismissed due to disciplinary proceedings not entitled to severance or other pay

• Disciplinary proceedings subject to court review and dismissal order can be set aside

• Penalty for wrongful dismissal for workman - reinstatement plus full back wages

• Retrenchment of workmen needs government approval and notice period

• Retrenchment approval rarely granted 

• Industrial unrest and/or delaying of proceedings by unions inevitable

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