Definición de despido colectivo (número de empleados afectados):
No quantitative definition. The Industrial Disputes Act deals with dismissals due to retrenchment.
Sec 2(oo) states: retrenchment means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include--
(a) voluntary retirement of the workman; or
(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or
2*[(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or]
(c) termination of the service of a workman on the ground of continued ill-health;] "
However, according to the Municipal Committee v. The Presiding Officer, Labour Court, 1994 LLR 206 (P&H) judgement: " If a person is engaged for a specific period, or for the execution of a specific work and a clear stipulation is made in the contract of employment that the services shall be terminated at the expiry of the work, the workman shall not be entitled to claim that he has been retrenched or that the action is violative of the provisions of the Act."
Consultación previa con los sindicatos (representantes de los trabajadores):
Notificación a la administración:
This is applicable only in the case of industries employing more than 50 workers.
Sec. 25FFA IDA states the following:
(1) An employer who intends to close down an undertaking shall serve, at least sixty days before the date on which the intended closure is to become effective, a notice, in the prescribed manner, on the appropriate Government stating clearly the reasons for the intended closure of the undertaking:
Provided that nothing in this section shall apply to:
(a) an undertaking in which:
(i) less than fifty workmen are employed, or
(ii) less than fifty workmen were employed on an average per working day in the preceding twelve months,
(b) an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work or project.
Notificación a los representantes de los trabajadores:
Aprobación de la administración publica o de organismos judiciales:
Sec. 25N IDA (applicable only to industries with 100 or more workers) prescribes for the prior permission of the appropriate Government in case of the retrenchment of the worker who has been in continuous service with the employer for not less than one year.
Acuerdo de los representantes de los trabajadores:
Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio):
Sec. 25G IDA states the following: "Where any workman in an industrial establishment, who is a citizen of India, is to be retrenched and he belongs to a particular category of workmen in that establishment, in the absence of any agreement between the employer and the workman in this behalf, the employer shall ordinarily retrench the workman who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other workman"
Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...):
Reglas de prioridad para la re-contratación:
Sec. 25H IDA reads as following: "Where any workmen are retrenched, and the employer proposes to take into his employ any persons he shall, in such manner as may be prescribed, give an opportunity to the retrenched workmen who are citizens of India to offer themselves for reemployment, and such retrenched workmen who offer themselves for reemployment shall have preference over other persons".