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CS Professional · Labour Laws and Practice · Law of Industrial Relations

Ms. Rao, a muster-roll worker at Lotus Packaging, is told not to report because of a machine breakdown. The employer offers her alternative work in the same establishment that needs no special skill or previous experience and which she can do, at the wages she would normally have received. Under the Code, how is she treated?

She is not deemed laid off. The Code provides that offering alternative work that needs no special skill or previous experience, which the worker can do, in the same establishment or a nearby one of the same employer, at the wages she would normally get, prevents the situation from being a lay-off.

  1. AShe is laid off and entitled to fifty per cent compensation
  2. BShe is not deemed laid offCorrect
  3. CShe is deemed retrenched and the re-skilling contribution is payable
  4. DShe is laid off but the employer need not seek permission

Explanation

A worker is not deemed laid off if the employer offers alternative employment needing no special skill or previous experience, in the same establishment or another of the same employer within reasonable distance, at the wages normally paid. All conditions are met here, so no lay-off arises and no lay-off compensation is due.

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