CLOSURE

Presented by,
Sisira
 CLOSURE

• “Closure” means the permanent closing

down of a place of employment or part
there of;
• 60 days notice to be given of intention to
close down any undertaking.
 CONDITIONS – 25 FFA

qProvided that nothing in this section shall

apply to-
Ø An undertaking in which –
(1)Less than50 workmen are employed, or
(2)Less than 50 workmen were employed on an
average per working day in the preceeding
twelve months.
Ø An undertaking set up for the construction of
building,bridges,roads,canals,dams or for
other construction work or project.


•
 COMPENSATION-25FFF

Ø When an undertaking is closed down for any

reason what so ever, every workman whohas
been in continuous service for not less than
one year in that undertaking immediately
before such closure shall, subject to the
provisions of sub section (2), be entitled to
notice and compensation in accordance with
the provisions of section 25F, as if the
workman had been retrenched:
 Contd…..

• Provided that where the undertaking is

closed down on account of unavoidable
circumstances beyond the control of the
employer, the compensation to be paid to
the workman under clause (b) of section
25F , shall not exceed his average pay for
three months:
 Contd…..

vNot withstanding anything contained in sub

section (1) , the appropriate government
may,if it is satisfied that owing to such
exceptional circumstances as accidents
in the undertaking or death of the
employer or the like, it is necessary so to
do so, by order,direct that provisions of
subsection (1) shall not apply in relation
to such undertaking for such period as
may be specified in the order.
 REASONS

v An undertaking which is closed down by reason

merely of - - -
ü Financial difficulties (including financial losses)
ü Accumulation of undisposed of stocks
ü The expiry of the period of the lease or licence
granted to it
ü Incase where the undertaking is engaged in miming
operations,exhaustion of the minerals in the area
in which operations are carried on

ü
 .

•



LAY OFF
 What is lay off ??

üSEC 25C to 25E

ü Layoff means the failure,refusal or inability of an
employer on account of shortage of coal,power
or raw materials or the accumulation of stocks
or the breakdown of machinery[or natural
calamity or for any other connected reason] to
give employment to a workman whose name is
borne on the muster rolls of his industrial
establishment and who has not been retrenched.
 Application

• (1) Sections 25C TO 25E inclusive [shall not

apply to industrial establishments to which
chapter VB applies, or]
(a)To industrial establishments in which less than 50
workmen on an avg.per working day have
been employed in the preceeding calendar
month;or
(b)To industrial establishments which are of a
seasonal character or in which work is
performed only intermittently.
• (2) if a question arises whether an industrial
establishment is of seasonal character or
whether work is performed therein only
intermittently, the decision of the
appropriate government thereon shall be
final.
 Continuous service

• (1) a workman shall be said to be in

continuous service for a period if he is,
for that period, in uninterrupted service,
including service which may be
interrupted on account of sickness or
authorised leave or an accident or a srike
which is not illegal, or a lock-out or a
cessation of work which is not due to any
fault on the part of the workman;
 Contd….

• (2) where a workman is not in continuous service

within the meaning of clause for a period of 1
year or 6 months, he shall be deemed to be in
continuous service under an employer-
(a) For a period of 1 year, if the workman,during a

period of 12 calendar months precceding the date

with reference to which calculation is to be made,
has actually worked under the employer for not
less than-
• 190 days in the case of workman employed
below ground in mine and
• 240 days in any other case.
 Compensation

• Whenever a workman (other than a badli workman or a

casual workman)whose name is borne on the muster
rolls of an industrial establishment and who has
completed not less than 1 year of continuous service
under an employer is laid- off,whether continuosly oe
intermittently, he shall be paidthe employer for all the
days during which he is so laid-off except for such
weekly holidays as may intervene, compensation which
shall be equal to 50%, of the total of the basic wages
and dearness allowance that would have been payable to
him had he not been so laid off:
• i.e; 50% baisc pay + DA
 CONTD....

• Provided that if during any period of 12

months, a workman is so laid-off for
more than 45days, no such compensation
shall be payable in respect of any period
of the lay off after the expiry of the first
45 days, if there is an agreement to that
effect between the workman and the
employer:
Workmen not entitled to compensation
in certain cases

• (1) if he refuses to accept any alternative employment in

the same establishment from which he has been laid off,
or in any other establishment belonging to the same
employer situate in the same town or village or situate
within a radius of five miles from the establishment to
which he belongs,if, in the opinion of the emploter, such
alternative doesnot call for any special skill or previous
experience and can be done by the workman, provided
that the wages which would normally heve been paid to
the workman,providedthat the wages which would
normally have been paid to the workman are offered
for the alternative employment also.
 Contd….

• (2) if he doesnot present himself for work at

the establishment at the appinted time
during normal working hours at least
once a day.
• (3) if such laying –off is due to a strike or
slowing down of production on the part of
workmen in anither part of the
establishment.