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The Industrial Disputes (Central) Rules

Section:78 :Reemployment of Retrenched Workmen

Obligation : To intimate all retrenched workmen of vacancies in case the employer intends to employ additional workmen after retrenchment

Type:Trigger Frequency: Quarterly

Action to be taken:
After workmen are retrenched, where the employer proposes to take any people into his employ, at least 10 days before the date on which vacancies are to be filled, arrange for the display on a notice board in a conspicuous place, details of the vacancies. Send an intimation of these vacancies by registered post to each of the retrenched workmen eligible to be considered for the vacancy at the address given by the workmen at the time of retrenchment or after.
If the number of vacancies is less than the number of retrenched workmen, it shall be sufficient if intimation is given by the employee to the seniormost retrenched workmen, provided that the number of workmen intimated is at least twice the number such vacancies.
No intimation is required to be sent for vacancies of less than one month's duration. Immediately after sending the intimation of vacancies, inform the trade union connected with the establishment of the number of vacancies and the name of the workmen to whom an intimation has been sent, unless an intimation has been sent to every retrenched workman.

Audit Requirement:
Where it is intended to employ additional workmen after retrenchment, has an intimation of the vacancy been sent to the required number of retrenched workmen in order of their seniority ?

Supporting Documents:
Copies of Intimation to Workmen and Seniority List