The lockdown has been extended for two more weeks from 4 May onwards. Ministry of Home Affairs, while extending the lockdown, has prescribed zone wise norms. High risk areas would be earmarked as containment zones where the lockdown in its present form will continue. Other areas would be divided into green, orange and red zones, green zone having the most relaxed norms. The economic activities will start in most areas though with it would be at a much reduced capacity.
# Employer will have to arrange for transportation if personal transport/public transport is not feasible for employees. This may be true for most employees who are in the red zone. Also there may be issues around sealed borders like the NCR area.
# Employers will have to pay their employees during the period of the lockdown. Since establishments will be working on reduced capacity, it is likely that many employees may have non productive days. Employers will have to pay these employees as they are not able to work because of the government lockdown.
# Employees can reach out to the control room in their region to lodge their grievance in case of pay cut, forced resignation, layoff, termination or any illegal labour practice.
# Employees with co-morbidities (any underlying conditions like asthma, diabetes, heart ailment etc) need to remain at home, during the period of lockdown, and can step out only for essential needs. This applies across all zones. Employer cannot force such people to attend office or industrial establishment.
# In the current order, there is no mention of mandatory medical insurance for employees though the MHA order dated 15-April mandated insurance for all employees. See my earlier post. However, as per the existing law, if employees contract covid during work related travel/activity, the employer will be liable to compensate the employee for medical treatment, sick pay and any other compensation as applicable.
The above is based on the MHA order of 1-May. This needs to be read along with the order of the States. The states can make the requirements stricter but cannot dilute the MHA norms.
# Employer will have to arrange for transportation if personal transport/public transport is not feasible for employees. This may be true for most employees who are in the red zone. Also there may be issues around sealed borders like the NCR area.
# Employers will have to pay their employees during the period of the lockdown. Since establishments will be working on reduced capacity, it is likely that many employees may have non productive days. Employers will have to pay these employees as they are not able to work because of the government lockdown.
# Employees can reach out to the control room in their region to lodge their grievance in case of pay cut, forced resignation, layoff, termination or any illegal labour practice.
# Employees with co-morbidities (any underlying conditions like asthma, diabetes, heart ailment etc) need to remain at home, during the period of lockdown, and can step out only for essential needs. This applies across all zones. Employer cannot force such people to attend office or industrial establishment.
# In the current order, there is no mention of mandatory medical insurance for employees though the MHA order dated 15-April mandated insurance for all employees. See my earlier post. However, as per the existing law, if employees contract covid during work related travel/activity, the employer will be liable to compensate the employee for medical treatment, sick pay and any other compensation as applicable.
The above is based on the MHA order of 1-May. This needs to be read along with the order of the States. The states can make the requirements stricter but cannot dilute the MHA norms.
Can employers dedcut a employees leave or forces to join duties during the lock down employees are in other states and join duties across three states in this situation what can employees do
ReplyDeleteEmployer cannot deduct your salary. If you are supposed to join duty because the lockdown opens up partially, you can choose not to join but then the employer has a right to deduct your salary.
DeleteDepsite of PM request, yesterday my reporting manager and HR call me and they pressurize me to put my resignation or they will terminated me with immediate effect which directly affected my dependent and liabilities amid coronavirus situation. I have a family dependent on me and also have liabilities. I don't have any ideaea what to do next. Please help me.
ReplyDeleteThey cannot do a salary cut or ask you to go on leave without pay during the lockdown period.
Delete1. You can register your complaint with the control room in your region set up by the labour Ministry.
2. Send a legal notice to your employer.
3. Approach FITE https://fite.org.in/contact-us/ . They are an association for the IT/ITes employees and can help you, in case you cannot afford a lawyer.