In India, cases of retrenchment of employment are governed by the Industrial Disputes Act (IDA). The IDA has established a detailed set of requirements and provisions for retrenchment of workers.
According to Section 2 of the IDA, ‘Retrenchment’ primarily corresponds to terminations on the basis of the financial capacity of the employer and on similar economic grounds; except in cases of retirement, expiry of contract, ill health and dismissal.
Industrial Dispute Act: Legal Considerations for Retrenchment
Section 25F of the IDA states that an employer intending to retrench a worker, who has been employed with the company for over a year, is required to offer one month’s notice to the worker before terminating employment. Besides, an employer may choose to monetarily compensate in lieu of such a notice and lay-off the worker immediately.
The provisions for retrenchment differ for industrial establishments with over 100 workers. In this case, the employer is mandated to give a three months’ notice in writing or pay in lieu for the same. Additionally, the employer has to seek ‘prior authorization’ from a relevant governmental authority before carrying out the retrenchment.
The Supreme Court of India enforces the concept of prior authorization to ensure that the reasons for retrenchment are valid and in accordance with fair labor practices in India.
Laws Governing Dismissal for Misconduct
The Industrial Disputes Act explicitly distinguishes between retrenchment and dismissal on the grounds of misconduct. Some instances of misconduct that justify dismissal are:
- Disobedience or willful insubordination
- Dishonesty, theft or fraud
- Loss or willful damage of employer’s property
- Habitual absence or lateness or absence
- Striking unlawfully