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State of West Bengal - Section

Section 25 in The Bengal Industrial Employment (Standing Orders) Rules, 1946

25. Termination of employment - (1) For termination of employment of any workman in the categories of permanent and probationer, the employer or the workman concerned, as the case may be, shall give notice in writing-

(i)in the case of any such workman paid monthly, of not less than one month,(ii)in the case of any such workman paid on any other basis, of not less than two weeks :Provided that no such notice shall be necessary where the termination of employment is affected as a measure of punishment :Provided further that no such notice shall be necessary if the termination of employment is under an agreement which specifies a date for such termination.Explanation.-(1) It will be optional for the employer or the workman concerned to pay an amount equivalent to the workman's wages for the stipulated period of notice in lieu of notice.
(2)No notice shall be necessary for termination of employment of any temporary, casual or badli workman :Provided that notice of one month shall be given for termination of employment of any workman including an apprentice who has been in continuous service for at less than one year in the establishment.
(3)When the employment of any workman is terminated, all was earned and unpaid shall be paid him at the time of such termination, if convenient, or in any case, within the period of time specified under the Payment of Wages Act, 1936 (4 of 1936).