Retrenchment Of Workmen| Education

concept of retrenchment of workmen

Sometimes it happens that strength of labor force becomes surplus to requirement of management due to various reasons and management is forced to retrench the surplus. It is the termination of the service of workmen for a bonafide reasons and not as a punishment for misconduct.

Where any workman is to be retrenched the employer shall retrench the workman who is the last person employed in a categories. It is employer who can retrench the workmen. 

Retrenchment of workmen

Rule of retrenchment 

In the retrenchment the principle of last comes first go must be followed in a particular category of workman.

There are two categories of workmen in an establishment

i- Categories of workers

ii- Category of executives

Essentials of retrenchment

Following are the essentials for retrenchment

a- Retrenchment must be made bonafide

b- Court should not interfere until and unless melafide

c- Burden of proof is upon party urging melafide

Generally workers should not be retrenched from their service. In exceptional circumstances workers may be retrenched. Order of retrenchment must be in writing and explained to the workers . The reasons for taking an action for retrenchment must also be stated. Retrenched workmen are entitled to the re employment where proposes to take into employ any persons within a period of one year.

Strike of retrenchment of workmen

 A notice shall be sent to last known addresses of retrenched workmen.The retrenched workmen shall be given re employment on the basis of their interse senority. The workman shall report for duty within 10 days of the resumption of work. He shall be given preference for employment by the employer. 

The commissioner should be educated in Pakistan so that the worker may trained in the industry.If a workman retrenched in a construction industry due to completion seasation or mis-continuance for employment that workman shall be re employed within period 1 year for similar work under taken. The worker shall be deemed to have the continuance service of work but no wages shall be paid to him for the period of interruption