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Navigating Layoff And Retrenchment In India: A Comprehensive Analysis




Sruthi V, BBA LLB (Hons), Sastra Deemed University, Thirumalaisamudhiram, Thanjavur

ABSTRACT

This research paper provides a comprehensive analysis of the legal framework governing layoffs and retrenchments in India. With a focus on recent developments and critical issues, this paper aims to shed light on the intricate interplay of statutory provisions, judicial interpretations, and practical implications surrounding layoffs and retrenchments. The research delves into the historical context of Labour laws in India, including the evolution of protective Labour legislation and its impact on employment practices. It explores the key legislations governing layoffs and retrenchments, such as the Industrial Disputes Act, 1947, and relevant state laws.

In addition, the study analyzes the procedural aspects of layoffs and retrenchments, highlighting the legal requirements that employers must adhere to following due process. It also examines the role of Labour unions and collective bargaining in the context of retrenchment negotiations. The paper also addresses the social and economic implications of layoffs and retrenchments, considering the impact on the workforce, communities, and the broader economy. It examines the balance between the rights of employers to manage their businesses efficiently and the protection of the rights and welfare of employees.

Through this paper, readers will gain a comprehensive understanding of the legal framework governing layoffs and retrenchments in India, the challenges, and opportunities it presents, and the evolving nature of Labour laws in the country.

Keywords: Layoff – Retrenchment – Employer – Employee – Industrial Disputes Act,1947 – Labour Laws

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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