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Kinds of worker
Casual: Occasional in nature who is engaged on
indefinite job or for definite periods.
Apprentice: A learner or trainee and gets payment
in that time.
Badli: In temporary absence of a permanent worker,
a badli worker is engaged during that period.
and accepts as
permanent.
Employee and employer legal relation
Employer is in a position to (i) make contract with
condition of service, (ii) select the best as worker,
(iii) pay the wages or other remunerations,
Discharge
In case of physical or mental incapacity or continued ill
health. Supreme Court held that 211 days absence for
illness may be deemed as continuous ill health.
Dismiss
In case of (i) conviction for any criminal offence or (ii)
guilty of misconduct .
i.
ii.
iii.
iv.
v.
vi.
vii.
Termination
Permanent worker:
i. 120 days notice in case of monthly rated worker
ii. 60 days notice for other
Temporary worker:
where termination is not for completion, cessation,
abolition or discontinuance
i. 30 days notice for monthly rated worker
ii. 14 days notice for other
Defense mechanism
i. written objection within 30 days of allegation
ii. Enquiry by the authority, witness examination and
final order after 15 days of receiving written
objection
iii. Filing case in Labour Tribunal in case of
dissatisfaction
iv. Complete trial in Labour Court