icon Lay Off Compensation whether payable after 45 days under I.D Act 1947

Once Layoff is declared, in a Factory or Mines, under Sec.25-C lay off compensation has to be paid. The law says that after 45 days of Lay off, the employer can go for retrenchment. The questions ar


A. Hi,
1. The general rule is that the workman must be paid for all days he is laid off, but if there is a clause in the employment contract stating that no compensation shall be paid after 45 days, then the employer is not bound to pay for more.
2. No, the need for notice is normally regarded as waived.
3. Yes, the sum can be deducted or adjusted according to the amount already paid.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Branch Manager whether employee under Shops & Estt Act

As per the Shops & Establishments act, the Branch Manager is the employer. But, in the Minimum Wages fixed for Shops & Establishments, there are minimum wages for Manager. Whether a Branch Manager, o


A. Hi,
As the law is ambiguous, the best thing to do in this case is to serve legal notice to the concerned party and file a civil suit for money recovery.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Labour laws

Private school has not giving the salary after April month and they have not even tried to make any communication regarding the job status. Am I liable to get the desired salary if not working until o


A. private schools are above law and employees are insects. they will make a shout and you will wet your pant. you sitting quite for 7-8 months is proof of it. nothing can be done. you will not get any salary till it opens so its upto you to decide.

Notte - i answered this question because you chose "industrial law" category.


Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield)
Note - This is just a small advice and final advice can be given only after going through your case in detail ...ReadMore

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Latest Response 3 years ago
Ankur Goel @ Complete Law Shield

Ankur Goel @ Complete Law Shield

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Non-payment of Salary for 6 Months by Employer

Our organization has started keeping employees on furlough and wages cut starting from 1st May of 2020 without any proper formal communication/Notice or prior intimation. Also there is no transparency


A. In case they are avoiding your query, but they cannot avoid to clarify any Lawyer's notice. You can serve them a legal notice or can directly move before the Labour Inspector under the Payment of Wages Act. Aside please look whether they are remitting the statutory remittances like EPF or ESIC or not, else they will even face more complications.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon trainee

Trainee is eligible for pf esic or not


A. Dear Sir,
It all depends upon the company rules normally not entitled.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Service matter

Sir,a service matter of safety and misuse of power by officer by our union is raised to management on our joint representation addressed to union office bearer.now if union don't pursue in court.can w


A. Hi,
You may proceed with the case.

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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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icon LABOUR TAKE ALL PAYMENT IN FULL & FINAL

Sir, i am contractor in tata steel limited, Jamshedpur. We work in different contracts with tata steel. when contracts get over . we remove workers. we give 30 days notice to workers before removing


A. Hi,
More information as to the terms of employment of the labourer is needed to properly guide you. But if you have cleared all the dues from your end you are not liable to pay more.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Sanjay Kumar Jha

Sanjay Kumar Jha