Dear All,
Kindly confirm, if a factory will be closed suddenly in one month without informed to us and total work will be handover to his nephew and now company will be run on another name and state. then how many month salary will be paid to workers and office employees and working duration are less than 4 yrs or 5 yrs or 3 yrs, are they eligible for gratuity. How will we calculate. please reply urgently.
Regards
Priti
9911964471
prit85barnwal@gmail.com
From India, Delhi
Kindly confirm, if a factory will be closed suddenly in one month without informed to us and total work will be handover to his nephew and now company will be run on another name and state. then how many month salary will be paid to workers and office employees and working duration are less than 4 yrs or 5 yrs or 3 yrs, are they eligible for gratuity. How will we calculate. please reply urgently.
Regards
Priti
9911964471
prit85barnwal@gmail.com
From India, Delhi
Hi, As far as my knowledge
Those who below 5 years of service are not eligible for gratuity but in the case of closing the settlement arrive between employer and employee representative has to be paid. those who completed 5 years indeed eligible for gratuity again it depends on settlement arrive between employer and employee representative.
Correct there is any mistake.
Mr.Thumbs UP
From India, Chennai
104Those who below 5 years of service are not eligible for gratuity but in the case of closing the settlement arrive between employer and employee representative has to be paid. those who completed 5 years indeed eligible for gratuity again it depends on settlement arrive between employer and employee representative.
Correct there is any mistake.
Mr.Thumbs UP
From India, Chennai
Dear Priti,
First of all in case the factory employs more than 49 workmen,the employer cannot close the factory suddenly. Under Industrial Disputes Act,1947,for less than 100 workmen,60 days’ notice is to be served on the appropriate govt before closure.For more than 99 workmen,prior permission to be obtained from appropriate govt by giving atleast 90 days’ prior notice giving details of reason for the closure.In case of such closure the workmen are entitled to closure compensation under the said Act which is @ 15 days’ wage for every completed years of service inaddition to all other applicable terminal benefits like wages against un availed Earned Leave gratuity etc.
But in no case gratuity is payable under the P.G.Act,1972 ,if the workman doesnot complete 5 nyers’ of service.
In case employees,who are not workman under the I.D.Act,1947.they are not entitled Closure compensation.
Yours Truly,
S.K.Hota
13.7.2015
From India, Calcutta
First of all in case the factory employs more than 49 workmen,the employer cannot close the factory suddenly. Under Industrial Disputes Act,1947,for less than 100 workmen,60 days’ notice is to be served on the appropriate govt before closure.For more than 99 workmen,prior permission to be obtained from appropriate govt by giving atleast 90 days’ prior notice giving details of reason for the closure.In case of such closure the workmen are entitled to closure compensation under the said Act which is @ 15 days’ wage for every completed years of service inaddition to all other applicable terminal benefits like wages against un availed Earned Leave gratuity etc.
But in no case gratuity is payable under the P.G.Act,1972 ,if the workman doesnot complete 5 nyers’ of service.
In case employees,who are not workman under the I.D.Act,1947.they are not entitled Closure compensation.
Yours Truly,
S.K.Hota
13.7.2015
From India, Calcutta
Existing rules for industry do not permit overnight closure presently.
Learned member above has given his comments.
This is a welfare step taken to protect workers from clever management.
But in the name of ease of doing business certain changes in law are coming which may impact on ability of owners to shut down factories.
http://timesofindia.indiatimes.com/i...w/45997722.cms
Factories Act Amendment Bill being revised - The Hindu
From India, Pune
Learned member above has given his comments.
This is a welfare step taken to protect workers from clever management.
But in the name of ease of doing business certain changes in law are coming which may impact on ability of owners to shut down factories.
http://timesofindia.indiatimes.com/i...w/45997722.cms
Factories Act Amendment Bill being revised - The Hindu
From India, Pune
Existing rules for industry do not permit overnight closure presently.
chapter VA & VB of Industrial Disputes Act, 1947 deal with provision for closure of factroy.
Learned member above also has given his comments.
This is a welfare step taken to protect workers from clever management.
But in the name of ease of doing business certain changes in law are coming which may impact on ability of owners to shut down factories.
Maharashtra labour reforms seek to make sacking, closures easy - The Times of India
Factories Act Amendment Bill being revised - The Hindu
From India, Pune
chapter VA & VB of Industrial Disputes Act, 1947 deal with provision for closure of factroy.
Learned member above also has given his comments.
This is a welfare step taken to protect workers from clever management.
But in the name of ease of doing business certain changes in law are coming which may impact on ability of owners to shut down factories.
Maharashtra labour reforms seek to make sacking, closures easy - The Times of India
Factories Act Amendment Bill being revised - The Hindu
From India, Pune
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FACTORY ACT 1948.xls
Amendment of factory act MP rules.pdf