Rule 27: Service of notice before retrenchment

Finin2min analysis — operative rule mechanics

Full notified text — Rule 27

27. Service of notice before retrenchment.– If an employer desires to retrench any worker employed in his industrial
establishment who has been in continuous service for not less than one year, such employer shall serve prior notice of
retrenchment in Form-XIII to the Central Government and to the concerned Deputy Chief Labour Commissioner
(Central) through e-mail or speed post, in the following manner, namely, ––

    (a) where prior notice is given to a worker under clause (a) of section 70 of the Code, notice of such retrenchment
        shall be served within three days from the date on which such notice is served on the worker;

    (b) where no prior notice is given to the worker under clause (a) of section 70 of the Code, and he is paid one
        month’s wages in lieu thereof, notice of such retrenchment shall be sent within three days from the date on
        which such wages are paid; and

     (c) where retrenchment is carried out under an agreement, which specifies a date for the termination of service,
         notice of such retrenchment shall be sent so as to reach the Central Government and a copy thereof to the
         Deputy Chief Labour Commissioner (Central), at least one month before such date:

         Provided that if the date of termination of service agreed upon is within thirty days of the agreement, the notice
of retrenchment shall be sent to Central Government along with a copy thereof to the Deputy Chief Labour
Commissioner (Central) concerned within three days of the agreement.

Application and evidence

1. Primary statutory test — If an employer desires to retrench any worker employed in his industrial establishment who has been in continuous service for not less than one year, such employer shall serve prior notice of retrenchment in Form-XIII to the Central Government and to the concerned Deputy Chief Labour Commissioner (Central) through e-mail or speed post, in the following manner, namely, –– (a) where prior notice is given to a…
2. Additional operative limb — (b) where no prior notice is given to the worker under clause (a) of section 70 of the Code, and he is paid one month’s wages in lieu thereof, notice of such retrenchment shall be sent within three days from the date on which such wages are paid; and (c) where retrenchment is carried out under an agreement, which specifies a date for the termination of service, notice of such retrenchment shall be sent so as to…
3. Qualification / exception to test — Provided that if the date of termination of service agreed upon is within thirty days of the agreement, the notice of retrenchment shall be sent to Central Government along with a copy thereof to the Deputy Chief Labour Commissioner (Central) concerned within three days of the agreement.
4. Numerical or timing control — Service of notice before retrenchment.– If an employer desires to retrench any worker employed in his industrial establishment who has been in continuous service for not less than one year, such employer shall serve prior notice of retrenchment in Form-XIII to the Central Government and to the concerned Deputy Chief Labour Commissioner (Central) through…
5. Code Section mapping — 70. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Prescribed-form link recorded in the corpus — XIII. Confirm the current notified form/version before filing.

Cross-references & prescribed forms

Worked example

Q&A — Rule 27

Primary sources