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| + | ====== Worker Re-skilling Fund: your 15 days wages on retrenchment ====== | ||
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| + | <WRAP center round info 95%> | ||
| + | **Quick Reply:** If you are retrenched, your employer must pay 15 days of your last wages into a Worker Re-skilling Fund within 45 days, under Section 83. How to claim it. | ||
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| + | If you are retrenched, your employer must contribute an amount equal to **15 days of your last-drawn wages** to a **Worker Re-skilling Fund**, and that money must reach **your account within 45 days** of the retrenchment. This is a separate right under **Section 83 of the Industrial Relations Code, 2020**, which came into force on 21 November 2025. It is over and above your normal retrenchment compensation, | ||
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| + | //Just retrenched? Note the 45-day clock starts from your retrenchment date. Keep your letter safe.// | ||
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| + | ===== What Section 83 actually says ===== | ||
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| + | The Industrial Relations Code, 2020 creates a Worker Re-skilling Fund. Under **Section 83(2)(a)**, for every retrenched worker, the employer contributes **15 days wages last drawn** by the worker immediately before retrenchment. Under **Section 83(3)**, this amount must be **credited to the worker' | ||
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| + | ===== Two payments, not one ===== | ||
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| + | Many workers confuse this with retrenchment compensation. They are different and you may be entitled to both. | ||
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| + | ^ Payment ^ Re-skilling Fund (Section 83) ^ Retrenchment compensation ^ | ||
| + | | Amount | 15 days last-drawn wages | 15 days average pay per completed year of service | | ||
| + | | Who receives | Credited to worker' | ||
| + | | Timing | Within 45 days of retrenchment | At the time of retrenchment | | ||
| + | | Purpose | Support re-skilling | Compensation for job loss | | ||
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| + | ===== How to claim your Re-skilling Fund amount ===== | ||
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| + | - **Confirm you were retrenched.** Section 83 applies to retrenchment, | ||
| + | - **Calculate your due.** Work out 15 days of your last-drawn wages. Your pay slip and attendance record support the figure. | ||
| + | - **Track the 45-day window.** The credit must reach your account within 45 days of the retrenchment date. Mark the deadline. | ||
| + | - **Write to the employer if unpaid.** Send a written demand referencing Section 83 of the IR Code and your retrenchment date. | ||
| + | - **Approach the labour authority.** If still unpaid, raise it with the jurisdictional labour officer or the appropriate authority under the Code. | ||
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| + | ===== Worked example ===== | ||
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| + | Sunita worked at a packaging unit in Faridabad and was retrenched on 1 December 2025. Her last-drawn wage was ₹600 a day, so 15 days equals ₹9,000. Under Section 83, her employer must credit ₹9,000 to her account by 15 January 2026, within 45 days. She also separately claims her retrenchment compensation based on her years of service. When the fund amount does not arrive, she writes to the employer citing Section 83 and then approaches the labour officer. | ||
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| + | ===== Common mistakes ===== | ||
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| + | * **Treating it as the same as compensation.** They are two separate entitlements with different formulas. | ||
| + | * **Missing the 45-day deadline silently.** If the credit is late, raise it in writing promptly. | ||
| + | * **Not keeping documents.** Your retrenchment letter, pay slip, and bank statement are your proof. Keep them safe. | ||
| + | * **Assuming it applies to a resignation.** Section 83 is tied to retrenchment, | ||
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| + | ===== Your next 30 minutes ===== | ||
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| + | * Locate your retrenchment letter and last pay slip. | ||
| + | * Calculate 15 days of your last-drawn wages. | ||
| + | * Note the date 45 days after retrenchment as your credit deadline. | ||
| + | * Draft a short written demand to your employer referencing Section 83. | ||
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| + | ===== Frequently asked questions ===== | ||
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| + | ==== How much goes into the Worker Re-skilling Fund for me? ==== | ||
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| + | Your employer contributes an amount equal to 15 days of your last-drawn wages, under Section 83(2)(a) of the Industrial Relations Code, 2020. This is per retrenched worker and is separate from your retrenchment compensation. | ||
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| + | ==== When must the money reach my account? ==== | ||
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| + | Within 45 days of your retrenchment, | ||
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| + | ==== Is this the same as retrenchment compensation? | ||
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| + | No. Retrenchment compensation is 15 days average pay for each completed year of service, paid at retrenchment. The Re-skilling Fund amount is 15 days of last-drawn wages credited within 45 days. You may be entitled to both. | ||
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| + | ==== Does Section 83 apply if I resigned? ==== | ||
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| + | No. The Re-skilling Fund contribution is tied to retrenchment, | ||
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| + | ==== When did this rule come into force? ==== | ||
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| + | The Industrial Relations Code, 2020 was brought into force on 21 November 2025, along with the other labour codes. Section 83 and the Worker Re-skilling Fund apply from that date. | ||
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| + | ==== What if my employer refuses to pay? ==== | ||
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| + | First send a written demand citing Section 83 and your retrenchment date. If unpaid, approach the jurisdictional labour officer or the appropriate authority under the Code. Keep your retrenchment letter, pay slip, and bank records as evidence. | ||
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| + | ===== Sources ===== | ||
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| + | * Industrial Relations Code, 2020, Section 83 (Worker Re-skilling Fund), in force from 21 November 2025. | ||
| + | * Ministry of Labour and Employment, [[https:// | ||
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| + | ===== Related reading ===== | ||
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| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
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| + | If a public-sector employer withholds your dues, use the [[https:// | ||
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