Termination-of-employment.docx

  • November 2019
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Stoppage of work: An employer may, at any time, if necessary in the event of fire, sudden catastrophe, breakdown of machinery, stoppage of power supply, epidemics, wide spread riots or any other cause beyond his control, stop any section or sections of his establishment, wholly or partly, for such period as the cause for such stoppage continues to exist. In case of “Stoppage of work” Fakir Apparels follow below procedure: (a) If the stoppage is given after the working hours have ended, they notify the concerned workers as soon as possible by a notice posted on the notice board with the direction as to when the work shall be resumed and whether workers are to remain at their place of work before the resumption of work. (b) If the period of work stoppage continues for more than one working day, every worker except the casual or substitute workers gets wages for all stopped working days.

Closure of establishment: An employer may, in the event of an illegal strike in any section or department of any establishment, close down either wholly or partly such section or establishment. In case of “Closure of establishment” Fakir Apparels follow below procedure: (a) They do not pay any wages to the workers participated in the strike. (b) But if the reason of closing down of any section or department of any establishment is so affected that it is not possible to keep it open and the workers affected thereby get wages equal to the amount of compensation payable in the case of lay-off, which is upto a period of 3 (three) days.

Lay-off: The failure, refusal or inability of an employer to give employment to a worker on account of shortage of coal, power or raw material or the accumulation of stock or the break-down of machinery is called Layoff. In case of “Lay-off” Fakir Apparels follow below procedure: a) Every worker other than a substitute or casual worker, whose name is on the muster-rolls and who has completed at least one year of service under the employer is eligible to avail compensation by the employer for all days during laid-off, except for weekly holidays. b) They maintain a Muster-roll for laid-off workers to monitor if the worker presents himself for work at the appointed time during normal working hours. c) The amount of compensation is equal to half of the total of the basic wages and equal to the full amount of home allowance. d) Laid off workers will be compensate not more than 45 days during any calendar year.

Retrenchment: Any worker may be retrenched from service of any establishment on the ground of redundancy. In case of “Retrenchment” Fakir Apparels follow below procedure: (a) If any worker has been in continuous service for not less than 1 year in the case of retrenchment of such worker they give 1 months’ notice in writing mentioning the reasons for the retrenchment. (b) Pay either 30 days’ wages for his every year of service or gratuity, whichever is higher. (c) If they want to employ any retrenched worker within a period of one year of such retrenchment, they send a notice to the last known address of the retrenched worker asking to apply for employment. Worker who applies for re-employment in response to such request is given preference, and if more than one such retrenched worker applies, preference is given on the basis of their seniority in their previous services.

Discharge from service: A worker may be discharged from service for reasons of physical or mental incapacity or continued illhealth certified by a registered medical practitioner. In case of “Discharge from service” Fakir Apparels follow below procedure: (a) If a discharged worker completes not less than one year of continuous service he gets either 30 days’ wages for his every year of service, or gratuity whichever is higher.

Termination of employment by employer: The employment of a permanent worker may be terminated by an employer by giving him a notice in writing. In case of “Termination of employment” Fakir Apparels follow below procedure: (a) The employment of permanent workers is terminated by giving him a notice of 120 days, for monthly rated worker. And 60 days, in case of other workers. (b) The employment of a temporary worker is terminated by giving him a notice of 30 days, for monthly rated worker. And 14 days, in case of other workers.

Termination of employment by workers: (a) A permanent worker in Fakir apparels may resign from service by giving the employer 60 (sixty) days’ notice in writing. (b) A temporary worker may resign from service by giving a prior notice of 30 days, for monthly rated worker and 14 days, in case of other workers. (c) If a worker intends to resign from service without any notice have to pay an amount equal to the wages for the period of notice

(d) A permanent worker who completes 5 years of continuous service or more but less than 10 years resigns from service gets compensation at the rate of 14 days’ wages for every completed year of service or gratuity, whichever is higher. (e) And the worker who completes m10 years of continuous service or more will gets the compensation at the rate of 30 days’ wages for every completed year of service, whichever is higher.

Retirement of worker: A worker employed in any establishment shall retire from employment on the completion of 60 years of age. Fakir apparels follow the same rule for retirement. They have Provident Fund for employees and employees are entitled to get benefit from such Fund including the employer’s contribution under the rules of the Fund. All amounts due to the employee during the retirement are paid by the appointing authority within a maximum period of 30 working days.