Distinguish between 'Lay off' and 'Lock out' under the Industrial Disputes Act, 1947.
CS Executive · Setting Up of Business, Industrial and Labour Laws · PYQS · December 2023
Distinguish between 'Lay off' and 'Lock out' under the Industrial Disputes Act, 1947.
Answer & Explanation:
Difference between lay-off and lock-out under the Industrial Disputes Act, 1947 Lay-off means the failure, refusal, or inability of an employer on account of shortage of coal, power, or raw materials, or the accumulation of stocks, or the breakdown of machinery, or natural calamity, or for any other connected reason to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched. While Lock-out refers to the temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him. It is a situation in which an employer prevents employees from working by refusing to allow them to enter the workplace. It is caused by a labor dispute between the employer and the employees. In lay-off, the business continues, but in lock-out, the place of business is closed down for the time being. In a lock-out, there is no question of any wages or compensation being paid unless the lock-out is held to be unjustified. Lay-off is the result of trade reasons, but lock-out is a weapon of collective bargaining. Lock-out is subject to certain restrictions and penalties, but it is not so in the case of lay-off. However, both are of a temporary nature, and in both cases, the contract of employment is not terminated but remains in suspended animation.
Topics: Labour Laws
Related Questions in this Topic
- What are the records, returns and notices that an employer is required to maintain and comply with under the Code on Wag...
- What interim measures can the Internal Committee recommend to the employer during the pendency of an inquiry under the S...
- Explain the qualifications required for engaging an apprentice and outline the contractual formalities prescribed under ...
- Discuss the need and objectives of bringing in the New Labour Codes.
- Rohan is an adolescent employed at GS General Grocery Store. His regular working hours are from 10:00 a.m. to 4:00 p.m.,...