Industrial Dispute
Industrial Dispute Act, 1947 Compliance
Maintain industrial peace, navigate complex legal procedures for layoffs and closures, and resolve disputes effectively.
Introduction and Value Proposition
The Industrial Disputes Act, 1947, is a critical framework for ensuring industrial peace and harmony by providing mechanisms for the investigation and settlement of disputes between employers and workers. It also regulates complex processes like layoffs, retrenchment, and closure, which require prior government approval. Non-compliance can lead to severe legal consequences, operational disruptions, and costly litigation. PCS provides expert advisory and representation services, helping you navigate these intricate procedures, resolve conflicts amicably, and ensure full legal compliance to protect your business interests.
Why Choose PCS?
● Expert Representation: Our team has extensive experience in representing clients in labour courts and tribunals.
● Strategic IR Advice: We provide practical advice to maintain healthy industrial relations and prevent disputes from escalating.
● Risk Mitigation: We help you navigate high-stakes processes like closures and layoffs with minimal legal risk.
Key Challenges We Solve
● Legal Complexity: Navigating the intricate legal procedures for layoffs, retrenchment, and closure, which require government permissions.
● Dispute Resolution: Managing conflicts with workers or unions effectively to avoid prolonged litigation and strikes.
● Notice Compliance: Risk of incorrect procedures for issuing notices, conducting inquiries, and following fair practices, leading to reinstatement orders.
● Penalties & Prosecution: Exposure to severe penalties, prosecution, and even imprisonment for non-compliance with the Act’s provisions.
Our Services
Frequently asked questions:
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When is government approval required for a layoff?
Establishments with 50+ workers typically need prior government permission for layoffs, retrenchment, or closure. The rules vary for different types of establishments.
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What is the compensation for retrenchment?
Retrenched employees are entitled to compensation equivalent to 15 days' average pay for every completed year of continuous service.
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What is the time limit for raising an industrial dispute?
Generally, a dispute should be raised within a reasonable time. However, the Labour Court/Tribunal has the discretion to admit delays under certain circumstances.
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