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

Rajesh, a worker at Vindhya Steels, enjoys under his existing certified standing orders a benefit on a particular matter that is more favourable than what the Code's chapter gives. Which statement is correct?

Rajesh keeps the more favourable benefit. The chapter overrides inconsistent laws and standing orders, but the proviso to section 76(1) protects a worker's more favourable entitlement on a matter, even while receiving other benefits under the chapter.

  1. AHe continues to be entitled to the more favourable benefit on that matter, even if he gets other benefits under the chapterCorrect
  2. BHe must switch to the Code's benefit because the Code overrides standing orders in all respects
  3. CHe may keep the benefit only if the employer consents in writing
  4. DHe loses the benefit but receives the Code benefit plus compensation

Explanation

Section 76(1) gives the chapter overriding effect over inconsistent laws including standing orders, but its proviso preserves more favourable benefits from any Act, standing orders, award or contract on that matter. This continues even if other benefits are received under the chapter.

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