Rule 28: Re-employment to retrenched workers

Finin2min analysis — operative rule mechanics

Full notified text — Rule 28

28. Re-employment to retrenched workers.– (1) The employer shall prepare a list of all workers in the particular
category from which retrenchment is contemplated, arranged according to the seniority of their service in that category
and cause a copy thereof to be pasted on a notice board in a conspicuous place in the premises of the industrial
establishment, at least seven days before the actual date of retrenchment.

(2) When any vacancy occurs in an industrial establishment and there are workers of such industrial establishment
retrenched within one year prior to the proposal for filling such vacancies, the employer of such industrial establishment
shall, if such workers are citizens of India and have given their willingness for employment, give them preference over
other on the basis of their seniority.

(3) The employer shall arrange for the display on the notice board in a conspicuous place in the premises of the industrial
establishment the details of vacancies, at least fifteen days before the date on which such vacancies are to be filled and
shall also give information of those vacancies by speed post or through e-mail to all the retrenched workers eligible to
be considered, on the latest address or e-mail given by each of them at the time of retrenchment or at any time thereafter:

          Provided that when the number of such vacancies is less than the number of retrenched workers, it shall be
sufficient, if the information is given by the employer individually to the senior most retrenched workers in the list
referred to in sub-rule (1) and the number of such senior-most workers being double the number of such vacancies:

        Provided further that where duration of the vacancy is of less than one month there shall be no obligation on
the employer to inform of such vacancy:

          Provided also, that if a retrenched worker without sufficient cause being shown in writing to the employer,
does not offer himself for re-employment on the date or dates specified in the information sent to him under this sub-
rule, the employer shall not inform such worker of the vacancies that may be filled on any subsequent occasion.

(4) As soon as the provisions of sub-rule (3) are complied, the employer shall also inform the negotiating union or the
constituent of negotiating council or Trade Unions connected with the industrial establishment, of the number of
vacancies to be filled and names of the retrenched workers to whom information has been sent under that sub-rule:

         Provided that the provisions of this sub-rule shall not be complied with by the employer in any case where
information is sent to every worker mentioned in the list prepared under sub-rule (1).

Application and evidence

1. Primary statutory test — (1) The employer shall prepare a list of all workers in the particular category from which retrenchment is contemplated, arranged according to the seniority of their service in that category and cause a copy thereof to be pasted on a notice board in a conspicuous place in the premises of the industrial establishment, at least seven days before the actual date of retrenchment.
2. Additional operative limb — (3) The employer shall arrange for the display on the notice board in a conspicuous place in the premises of the industrial establishment the details of vacancies, at least fifteen days before the date on which such vacancies are to be filled and shall also give information of those vacancies by speed post or through e-mail to all the retrenched workers eligible to be considered, on the latest address or e-mail…
3. Qualification / exception to test — Provided that when the number of such vacancies is less than the number of retrenched workers, it shall be sufficient, if the information is given by the employer individually to the senior most retrenched workers in the list referred to in sub-rule
4. Numerical or timing control — Re-employment to retrenched workers.– (1) The employer shall prepare a list of all workers in the particular category from which retrenchment is contemplated, arranged according to the seniority of their service in that category and cause a copy thereof to be pasted on a notice board in a conspicuous place in the premises of the industrial establishment,…
5. Code Section mapping — 72. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Evidence file — retain facts and records proving the role/status of: Employer, Worker, Trade union.

Cross-references & prescribed forms

Worked example

Q&A — Rule 28

Primary sources