An employee who is 'laid-off' by his employer at Dadar, Mumbai refuses to accept an alternative employment, offered in another establishment situated of Sion in Mumbai, belonging to the some employer. Is the employee ent
CS Professional · Labour Laws & Practice · PYQS · June 2021
An employee who is 'laid-off' by his employer at Dadar, Mumbai refuses to accept an alternative employment, offered in another establishment situated of Sion in Mumbai, belonging to the some employer. Is the employee entitled to claim 'Lay-off' Compensation?
Answer & Explanation:
The workman is not entitled to claim "Lay-off" Compensation. Section 25E of the Industrial Disputes Act, 1947 , lays down that, no compensation shall be paid to a workman who has been laid-off, if he refuses to accept any alternative employment in any other establishment belonging to the same employer situate in the same city, town or situate within a radius of 5 miles from his previous employment, provided that such alternative employment does not call for any special skill or previous experience and can be done by the workman and the wages are protected, i.e., the same wages would be paid to workman in such alternative employment also. In this case, it is not clear whether same wages are offered to the workman or not. Assuming that the wages would be protected, the alternative employment belongs to the same employer and it is within the same city of Mumbai. On these grounds, the workman is not entitled to claim compensation for lay-off.
Topics: Industrial Disputes Act, 1947
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