COVID-19 : Our Take on Employment Issues in India

COVID-19 : Our Take on Employment Issues in India

COVID-19 is severe acute respiratory disease caused due to infection from the novel corona virus which originated from Wuhan province in China and has now turned into a global pandemic. Within three months from its first instance, COVID-19 has spread across the globe and has already started causing severe economic repercussions. Indian businesses have also been severely affected due to the COVID-19.

Taking ques from how COVID-19 has taken turns in other countries and social distancing being the only effective way to control this disease, the Government of India has decided to implement a nationwide lockdown in India effective from March 24, 2020. Basis the advisory issued by the Government of India, all state governments and union territories have implemented lockdowns respectively. It is obvious that the Lockdown will come at its own economic consequences in India, the Indian business are also experiencing unprecedented issues including employee related issues. In this note we endeavor to provide our understanding of some common issues arising out of COVID-19 which may help the employers in taking a concerned approach in dealing with their employee related matter.

WORK FROM HOME
While the concept of work from home is not new in Indian businesses, the Indian employment statutes are silent about the work from home concept. There is no statutory definition or any specific guidelines that may regulate the said concept. Accordingly, there is a flexibility available with the employers to allow or not allow its employee work from home and they specify their own guidelines for the same. However, the statutory provisions relating to working hours, overtime payment etc. shall continue to apply as if the employee has been working from the office premises.

Due to the nature of COVID-19 and to promote social distancing various state governments and central government have time to time issued various advisories for promoting work from home. As of the implementation of lockdown in India (effective March 24, 2020) all commercial and industrial establishments which are not engaged in providing essential services, have to be closed. However, the closure due to the said lockdown does not necessarily mean that employers are required to close all of their operations and are free to implement work from home wherever possible. Requiring employee to perform their work from home will also not trigger any overtime payments as the closure of offices does not mean declaration of a holiday. As an exception to lockdown, industrial establishment which require some physical presence of workers/employees to maintain its continuity, such establishments can continue to operate after taking appropriate permissions from the local administrative authorities.

LEAVE MANAGEMENT
As a result of the lockdown implemented by state governments on the advisory of Government of India, many employers have implemented work from home to the extent possible, but there are various establishments or the nature of work performed by zzan employee, where work from home is not possible.

Under these circumstances where the lockdowns have been implemented and commercial and industrial establishments are closed pursuant to the government orders, the absence of employees from work cannot be adjusted towards paid or un-paid leaves. However, if the establishments are voluntarily closed in absence of specific orders from government, the employers and employees can mutually agree on adjustment of paid and un-paid leaves

Availing leave on a particular day is an employee’s prerogative, and they cannot be forced to utilise their leave. Most organisations are therefore examining the possibility of work from home as a preventive measure. In past few days we have noticed that a few organizations have implemented some schemes where employees are provided an option to go on un-paid leaves but considering the implementation of lockdown such scheme may get effected.

In case an employee is infected or require sickness leave otherwise, the prescribed number of sickness leaves under the applicable law vary from 7 (seven) days to 12 (twelve) days depending on the location of the concerned establishment. Some states like Karnataka have required the employers to provide a longer duration of sickness leave (up to 28 days) to employees who have contracted COVID-19. If the sickness continues beyond such number of days, other leaves like casual leaves or earned leaves can be utilized for the same. In the event of prolonged illness, employees can be provided unpaid leaves for the required duration. Further, establishments covered under ESI Act, longer duration of sickness leave is possible.

If an employee is required to administer self-quarantine as a consequence of discharging his official functions, such employees should be provided with paid leaves for the same. However, if the employee is required to do the same due to his personal actions, they can be required to utilize their outstanding leaves for the same.

LAY-OFFS
Lay off is defined in the Industrial Disputes Act of India which means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the breakdown of machinery or natural calamity or for any other connected reason to give employment to a workman. During lay-off the workman continues to be in the employment of the employer but at a reduced pay.  Eligible workman category employees can claim compensation at up to 50% of basic salary and dearness allowances for lay-off.   If the lay-off continues for a duration of 45 days or more the employer can proceed for retrenchment. The compensation paid for lay-off is adjustable with the compensation payable for retrenchment. The processes for lay-off shall differ from one establishment to other depending on number of workmen employed and nature of activity undertaken.   For a non-workman category employees the conditions of lay-offs will need to be mutually agreed.

REDUCTION IN PAY
In the Indian labour laws, there is no specific provision which deals with reduction of pay. This has to be agreed mutually between the employer and employees. Taking in account the situation arising because of COVID-19 in certain industries (like Aviation and Tourism) the employer and employees have agreed on a standardised pay cut across the board. In this regard if the employer is looking at implementing pay-cuts the same should be applied universally, without any discrimination and specially not in form of a punishment to any specific employee. Further, keeping in mind the current situation and welfare of the employees, Ministry of Home Affairs (“MHA”) vide its order dated March 29, 2020 mandated every employer to pay full salaries to its employees and any pay cut would amount to an offence under the Disaster Management Act, 2005. However, vide the recent order dated May 17, 2019, MHA has made its previous orders ineffective, including the order of March 29, 2020, this would mean that the employers can now make alterations in the payment of wages of their workers without any government restriction. As far as the violation of the previous order is concerned for the period of 29.03.2020 to 17.05.2020, a petition is pending in the Supreme Court, challenging the previous order on constitutional grounds. Pursuant to the petition, the court issued an interim order on May 15, 2020 directing the state government not to take any coercive action against the employers who fail to pay full wages for the aforementioned period. However, the ultimate fate of the employers over such violations will depend upon the final order from the court.

RETRENCHMENT/TERMINATION
The option of retrenchment/termination is available to the employers but the same will be treated as termination for convenience and all the necessary processes like notice period, intimation to government authorities, payment of retrenchment compensation, payment of gratuity, Leave encashment etc will need to be completed. Further, there is also a lot of government advisory against termination of employees due to COVID-19. We recommend that retrenchment/ termination should be considered as an option of last resort.

OFFICIAL TRAVEL
Considering the complete lockdown implemented in the country, any kind of international and domestic travel should be avoided. In case any employee is in the course of travel for his official functions and is unable to return home, the employer should provide for safety and necessary accommodation requirements.

Government of India has cancelled all visas issued to any overseas person up till April 15, 2020. If any overseas employee is already in India such persons can continue to remain in India for the balance duration of their visa, however if their visa is expiring during the lockdown they should contact the nearest foreign resident registration office to seek support. Indian employer should provide necessary assistance for the same.

COMPENSATION TO INFECTED EMPLOYEES
Employers (in India) are obligated to pay compensation to employees who are injured (which includes partial or permanent disablement) or die due to accidents arising out of or in the course of employment. Accordingly, if it can be demonstrated that COVID-19 infection was contracted in the course of employment and it arose out of employment, the employer shall be legally obligated to pay compensation to impacted employees. The obligation to pay compensation would also depends on other factors like the State of employment, the nature of the employee’s work, and the circumstances in which the injury/death/infection was caused. Accordingly, each case has to be evaluated based on the facts of each case.

Comments (109)

  1. Kartiki Trivedi says on 31 Mar 2020

    Hi,My salary has been deducted despite working from home which was approved by my company itself.However, as per Government law it was been confirmed due to Covid-19 lockdown, people can get an advantage to work from home if the company allows.My company is one of them.Since, 19th March 2020, I was given an approval from my company and a work system so that I can work from home. As you can see from the below conversations and the screenshot attached about my attendance,Being a reputed company in the market still I was been marked LWP (Leave without Pay).This is not the right thing happening with me and could be happening with others in the organisation. Today I’m the victim. I just need a faith answer whether I’m Wrong working from home for my company’s growth and reputation or whether the LWP was a right step taken by the company.In this critical situation, I cannot demand more and neither can I justify. I’m just looking for my salary without any deduction till the date of COVID-19 Lockdown.

    • Akbar Pathan says on 12 Apr 2020

      I had resigned in the month of Feb and was serving a 60 day notice period. Due to the lockdown I have requested my organisation to either extend my notice period or revoke my resignation. My last working day was 10th April 2020, I have made multiple requests in written to the organisation not to terminate my employment also referred the government advisory of not terminating employment during Covid-19 Pandemic.However, my organisation has terminated my employment. They have given me a reason that they don’t have any business requirements to continue my employment.Is there any option for me to deal with this situation?

      • Karan Roy says on 25 Apr 2020

        I am client in teleperformance working for Axis bank.Being a reputed company in the market still I was been marked LWP (Leave without Pay).This is not the right thing happening with me and could be happening with others in the organisation. Today I’m the victim. I just need a faith answer whether I’m Wrong working from home for my company’s growth and reputation or whether the LWP was a right step taken by the company.In this critical situation, I cannot demand more and neither can I justify. I’m just looking for my salary without any deduction till the date of COVID-19 Lockdown.

      • Kavya says on 05 May 2020

        Same

      • Tanya Sachdev says on 05 Jun 2020

        Dear Akbhar,once the resignation is submitted and acceted by the Employer, there is no obligation on the employer to revoke the same on employees request. In our view, resignation cases will not be covered under the government advisories regarding termination of employment.

      • NS says on 19 Jun 2020

        Hi Tanya, i need advice from you in detail.

      • Sivagurunathan S says on 09 Jun 2020

        Did u get any solution for this issue?

      • Janhvi says on 10 Jun 2020

        My employer asks for overtime at office and I won’t gain any incentive if I work form home. Is it right?

      • Abhilash says on 11 Jun 2020

        Let me know if you have any idea on this. I m facing similar issue.

      • Bharath says on 19 Jun 2020

        I resigned today, I got an offer to join within 30days. But my notice period is 60days. But I have to accept the offer in this COVID 19 situation.Please advise

      • Nilakshi Ghosh Majumdar says on 12 Jul 2020

        Hi.I am a widow working mother , a civil engineer by profession working at ABCI Infrastructures P.ltd, Kolkata.i have two dependent sons both being students.After Unlock 1.0 in June ’20, my younger son was affected by mild symptoms of Covid -19 and advised home quarantine by doctor.He has since then recovered at home.Now, after whole family complete 30 days quarantine at home, my office is not allowing me to return to work.I am being targetted and being given veiled threat of termination and not being permitted to come to office stating i may infect the other employees.I have medical certificate of antibody test, still being stigmatized.Being only earning member, what legal recourse do i have to protect my employment.

  2. Ashok Kumar says on 02 Apr 2020

    Due to ongoing effect of Covid 19 where all the business operations have come to an halt, if an employer / company / Medical Hospital / Trust is not able to pay the salary / wages to his employees/ workers (both regular / on contract basis (including those who cannot come to office / work because of complete lock-down) on account of shortage of funds / cash inflows / severe liquidity crisis from the business operations:-a) What are the consequences and legal

    • Madhav Waman Khiste says on 11 May 2020

      I have joined 15 th February 2020 in a pvt company as a Sr Sales Executive. Due to nationwide lockdown all the activities are stopped and hence there is no any business getting to company. Now company told me that your performance is not good, you are failed to do sales as all the markets were closed. So give resign from the job. Please guide me what to do in this critical situation of lockdown?

  3. Aaqib Ekabal Kureshi says on 02 Apr 2020

    I have been terminated from the company last night just because I’ve asked for my payment on company group, because no one was responding towards my messages on personal so. I have messaged them on group and they terminated me for this reason, during tbis lockdown company are not helping us they giving us more pressure.I’ll show what they have emailed me aboveDear Mr Aaqib Kureshi,Through this letter we want to inform you about your terminationfrom the position of Sr.Research Analyst.We have been observing your behavior from the time you have joinedthe organisation. You were giving a verbal warning for the lastinstance and even after that you continue with the same attitude andbehaviour in the office and towards its employees and management, now wehave come to this decision that we are terminating you on the grounds ofnot following the company rules and policy which are to be followed byall the company employees. All your dues apart from your incentiveswould be cleared in 45 days.If you have questions about this letter please contact Rini Marianor Ayush Jaitly. We would like to thank you for your contribution and wewish you all the best for the future.Yours,Swati MahajanHR DepartmentLinkland markets Pvt Ltd.Viman nagar ● Pune ● 411014 ● Maharashtra ● India ●http://www.linklandmarkets.com

    • Abhishek says on 04 Apr 2020

      What is the results now… what is your next step… my friend also had same issue..

    • Bikram singh says on 07 Apr 2020

      This is completely contrary to the the guideline issued by the Central

    • Sonu Babber says on 10 Apr 2020

      I got terminated from employment with no valid reason.I am much disturbed with this.

      • Tanya Sachdev says on 05 Jun 2020

        There are various government advisorieswhere employers are requested not to terminate employment of their employes for COVID 19 but there are no specific orders by the Government which prohibit employers from termination the employment of an employee. In case your employer has terminated you for non-performancee, the same would qualify as retrenchment (in case you are not employed in managerial or supervisory position). The employer is required to complete the retrenchment related process for termination. in case the same has not been complied with, you can approach the local labour department for unlawful termiantion.

    • Naveen says on 10 Apr 2020

      Hi iam a hairdresseri have not yet received my salary my employer tells me she won’t release salary until unless lock down gets finished she makes a reason that sale has not happend to release salaries. In a difficult time like this people like her think of business my whole family relies on me for food and renting . Strictly action must to taken towards her behavior.

    • Amit Kumar Chaudhury says on 26 Apr 2020

      Employers are obliged to pay wages during lockdown period“No work no pay” principle cannot be invoked here. A March 29 GOI order makes it clear that deduction of wages during the lockdown will be construed as a legal offenceOn March 20, the Labour Ministry issued advisories to the employers’ associations not to terminate their employees (especially precarious workers) and reduce wages for their absences, among others. Curiously, the advisory assumes a legal dimension when it says: if the workers take leave during the lockdown period they should be “deemed to be on duty without any consequential deduction in wages…Further if the place of employment is to be made non-operational due to COVID-19, the employees of such unit (sic) will be deemed to be on duty.”

      • Rajesh says on 21 Apr 2021

        Hello Mr. Amit, I have a issue in Variable payments deducted month wise from my salary and which company supposed to pay end of the year. I have been always paid average of 50% since 5 years stating company performance is not good. They even deducted my earned leaves without prior information. Can I demand for my variable amount.

    • Eshu Tripathi says on 26 Apr 2020

      Hi Aaqib, your company is hiring for the same profile on which they have forced you to resign.You should take some actions against them.

    • Senthil kumar v says on 08 May 2020

      Dear all,I am joined in a company so far 4 months completed. Suddenly they saying that you have been teriminated due to covid 19 pandamic considering companies finacial situation they taking this decision saying. What compensation i can expect from them maximum. I can request 3 month full salary or any thing i can demand to over come this current situation.Please suggest me.Thanks,Senthil

  4. Sameer Bhandari says on 02 Apr 2020

    Can employer force his employees to resume duty during lockdown,

    • K k singh says on 09 Apr 2020

      No unless such employee is rendering essential service as defined by the government

    • anita says on 09 Apr 2020

      Can company force the entire team to take first PL and the. Unpaid leave during entire lockdown

      • Tanya Sachdev says on 05 Jun 2020

        Dear Anita,There are various government advisorieswhere employers are requested not to terminate employment of their employes for COVID 19 but there are no specific orders by the Government which prohibit employers from termination the employment of an employee. In case your employer has terminated you for non-performancee, the same would qualify as retrenchment (in case you are not employed in managerial or supervisory position). The emploer is required to complete the retrenchment related process for termination. in case the same has not been complied with you can approach the local labour department for unlawful termiantion.

    • Naveen says on 10 Apr 2020

      Hi iam a hairdresseri have not yet received my salary my employer tells me she won’t release salary until unless lock down gets finished she makes a reason that sale has not happend to release salaries. In a difficult time like this people like her think of business my whole family relies on me for food and renting . Strictly action must to taken towards her behavior.

      • Verinder jit singh says on 24 Apr 2020

        My daughter is working in a multinational company at gurugram since last three years.Now company is terminating her on this plea that your performance is not stasfictory, where as just before this last month company has awarded her a parmotional increment.Pl help and suggest what action may be taken

      • Dilip Kumar says on 27 May 2020

        I was working in Anjit Eye care (Yathrth hospital) greater NoidaCompany not givenSalary February andMarchDuring lock downMy job effectedCompany says not sure will start or notCompany owner isMp:Ramgopal yadavDaughter inlawRicha YadavWife of Mp:Akchay YadavSome one help meI am facing lot of economic problemsThanks

    • Nitin Chandra says on 18 Apr 2020

      Sir I haven’t received my salary yet of the month February and March.I am working in Vishwa Bharti rotary school Shamshabad agra.

      • Tanya Sachdev says on 05 Jun 2020

        As per the Government Order dated March 29, 2020 it is mandatory for the employer to make the payment of wages. In case your emloyer has not made the payments you can approach the district magistrate or any other office designated by him for attending the issues relating to Disaster Management Act.

  5. Sandeep says on 03 Apr 2020

    Hi,I am an IT employee working in an organization who are having offshore center in India while based out of UK.I have got a call from HR that, in lieu of COVID-19 most of their projects put on hold and they are facing serious finance issues as their payments have been on hold.HR told to relieve/lay off within a week of time as per the offer letter I have signed at time of joining.I am very much in mental stress and mentioned to HR they can not relieve/lay off an employee by just giving 7 days of notice. Below are events for which I need assistance and advice –1. I had joined this organization on 6th Decemver, 2019 and in probation period. As per offer letter signed at time of joining and discussion with HR, they say as I am in probation period and not a confirmed employee (as they consider once probation period is over, then I become a permanent employee) and they can lay off with just 7 days notice.2. Though as per government advisory, no employer should lay off any employee in this COVID-19 situation. I mentioned same to HR as well. Though they did not buzz on this.3. Also, per Industry Dispute Act – 1947, even if there is offer/contract letter signed at time of joining, that shall remain void and law of land should be applicable giving an employee 60 days of notice or severance pay and they can not just lay off.I need advise and guidance in this matter as how I should proceed legally with my employer along with what’s my right, whether employer is bound to give 60 days notice per 1947 act or not?Or they can simply lay off with 7 days notice.My contact no. is 950 288 3100 and I really need a legal advice in this difficult time as my family is dependent on me along with couple of loan liabilities.Please guide and advice.

    • Rahul says on 13 Apr 2020

      Working in sales my job is of field sales but company is expecting revenue In lockdownIn work from home they want employee to sale on call

    • Nasrin says on 08 May 2020

      I am facing same issue. My company send me cessetion service mail yesterday to discontinue of job as I am on probation period and also locked my zinghr portal at the same time. Is this a way to treat employee. Can I take action against company. Need legal advice

  6. ANIL KANAMADI says on 04 Apr 2020

    Sir, we have many THIRD PARTY CONTRACT EMPLOYEES on ENGINEER ROLE. If someone claim OVERTIME, how to consider, Because Every one is at home. Please advise.

    • Shrikant Kaware says on 16 Apr 2020

      I am working in private firm which running a restaurant name genuine broaster chicken in pune Vimannagar area.due to this covid19 whole india is lock down till 3rdmay20,my employer is not pay our march salary yet. And refusing to pay this current month Salary as well what should i supposed to do against my employer.

      • Tanya Sachdev says on 05 Jun 2020

        Generally, once a resignation is submitted there is not much that can be done, unless you have sufficient evidence to establish coersion. In casse you have suitable evidence to support your case, you can approach the local labour authorities for unlawful termination.

  7. Vikaa says on 04 Apr 2020

    Dear Sir,Can i resign diring this lock down period?Currently I am on probation period and i want to resign, will i have to serve notice period after lockdown or my notice peeiod will be considered in this peeiod too?Pls help me i am feeling very stressed.

    • Salman Ahmed says on 10 Apr 2020

      I was terminated from employment the same day lockdown was announced, i have been working here for 18months now. Is therea way i can make a claim for this insensitive approach. Mentally stressed and financially broken.

  8. Prabir Kumar Basu says on 04 Apr 2020

    If the employer is rigid to issue show cause letter and initiates disciplinary action against the employee for his inability to join the duty during lockdown period, then who are the appropriate authorities to seek justice from by the hapeless employee both in central and state level

  9. Ankit Verma says on 04 Apr 2020

    Hello my name is ankit my company provide me work from home but i didnt have proper internet facility thats why i am unable to work properly but my company now harass me that if i am unable to work properly this will be marked as leave without pay i am a victim now i don’t know what to do now please help me.

  10. AMIT says on 06 Apr 2020

    SirYour information is really appreciable for small organisations having no economic activities due to lock-down.Amit

  11. Kishore Degwekar says on 07 Apr 2020

    Our organisation is covered under ESIC. Can we claim a portion of the employee wages under the ESIC scheme during the lockdown.

    • Anita says on 16 Apr 2020

      I was terminated suddenly on 23 march 2020 while Indore was being lockeddown. And my suddenly asked me to leave the job because They had not enough systems and work leading the solution of work from home. So my employer gave me the silly reason that you are not more productive. I am in depression that how I will search the job due to covid-19 pandemic.

      • Tanya Sachdev says on 05 Jun 2020

        There are various government advisorieswhere employers are requested not to terminate employment of their employes for COVID 19 but there are no specific orders by the Government which prohibit employers from termination the employment of an employee. In case your employer has terminated you for non-performancee, the same would qualify as retrenchment (in case you are not employed in managerial or supervisory position). The emploer is required to complete the retrenchment related process for termination. in case the same has not been complied with you can approach the local labour department for unlawful termiantion.

      • Kumar says on 29 Jun 2020

        I’m in probation period (9 months completed but still didn’t get a confirmation), now my supervisor continuously asking me to resign and go with one month notice period in this lockdown…Whaat to do no opportunitys available outside due to covid…

  12. Rahul Thapa says on 07 Apr 2020

    Hi,My employer did not provide any means to do work from home.They have asked to apply leaves and the ones who don’t have sufficient leave balance have been asked to apply for leave without pay.Can the employer ask an employee to resign because of covid19 pandemic?

    • Tanya Sachdev says on 05 Jun 2020

      once the resignation is submitted and accepted by the Employer, there is no obligation on the employer to revoke the same on employees requests. In our view, resignation cases will not be covered under the government advisories regarding termination of employment.

  13. ASHOK CHHASIYA says on 08 Apr 2020

    Sir, Is all recent government advisory applied for full payment to the contract workers in lock down period, in case with contract labour if they refused to work in lock down and absent from the duty and asked management that if government circular says that we have to pay full payment given by company then why we are coming on duty, where our company is ready to give them employment as we are in essential service industry (Coal Mines).

    • Tanya Sachdev says on 05 Jun 2020

      Dear Ashok,If you are engaged in providing essential services and your employees are not attending to work even after making appropriate arrangements for them, then in our view employer can adjust their absence from work from their outstanding paid leaves and subsequently treat them as on unpaid leave

  14. Jafar says on 08 Apr 2020

    I am software developer in one of the software company in AHMEDABAD. Before one week of lockdown I was on leave and suddenly because of lockdown i stuck in other state. Now company denying to pay me salary of lockdown 23 march to 31 March.Can any one help me how can take legal action against it.?

    • Tanya Sachdev says on 05 Jun 2020

      Dear Jafar,As per the Government Order dated March 29, 2020 it is mandatory for the employer to make the payment of wages. In case your emloyer has not made the payments you can approach the district magistrate or any other office designated by him for attending the issues relating to Disaster Management Act

  15. Prashant Kumar says on 08 Apr 2020

    I am Prashant Kumar SG in company Beleave services solution which is available I signature global solera1 gurugram sec 107Salary actual pay out decided 14200rs but paid only 6887 rs only. That is not followed the rule which is not fair as guidelines of government on behalf of lockdown

  16. RINKU says on 08 Apr 2020

    I AM PF EMPLOYEE IN FLOUR MILL , VANARASI ,BUT MY EMPLOYERS TERMINATE ME WITHOUT MY IN INFORMATION DT 4.4.2020 IT IS CORRECT OR I CAN ANY LEGAL ACTON ON EMPLOYERPLZ HELP ME …….

    • Tanya Sachdev says on 05 Jun 2020

      Dear Rinku,There are various government advisorieswhere employers are requested not to terminate employment of their employes for COVID 19 but there are no specific orders by the Government which prohibit employers from termination the employment of an employee. In case your employer has terminated you for non-performancee, the same would qualify as retrenchment (in case you are not employed in managerial or supervisory position). The employer is required to complete the retrenchment related process for termination. in case the same has not been complied with, you can approach the local labour department for unlawful termiantion.

  17. Shreya says on 09 Apr 2020

    Sir, My organisation have redundant my role during this COVID-19 Pandemic but they have not given it a reason of COVID-19. Rather they mentioned role redundancy due to organisational restructuring. 25th March it was been announced but still there is no consultation been arranged by local HR. I can understand they have made it very tricky by avoiding the route of COVID-19. Kindly advise how should I put forward my point and can avoid this lay off in this situation.

    • Tanya Sachdev says on 05 Jun 2020

      Dear Shreya,There are various government advisorieswhere employers are requested not to terminate employment of their employes for COVID 19 but there are no specific orders by the Government which prohibit employers from termination the employment of an employee. In case your employer has terminated you for non-performancee, the same would qualify as retrenchment (in case you are not employed in managerial or supervisory position). The employer is required to complete the retrenchment related process for termination. in case the same has not been complied with, you can approach the local labour department for unlawful termiantion.

  18. neeraj shyam pawar says on 10 Apr 2020

    HI SIR.We all are 200 people in our compny and in the period of lockdown coron they have fired us and they have told that april end will be the last working day .now we all 200 people are jobless suddenly we have told find new job in market in the period of lockdown how will find the new job .as per the low in the period of lockdown employe should not be terminites but dairectly our office hr is calling us personaly that your are termimited and may first will be the last working day.so now we all dont know what to do in this situvation and after logdown is complited will not gate job suddenly .can you give sussion on this what we can do in this situation

    • Tanya Sachdev says on 05 Jun 2020

      Dear Neeraj.There are various government advisorieswhere employers are requested not to terminate employment of their employes for COVID 19 but there are no specific orders by the Government which prohibit employers from termination the employment of an employee. In case your employer has terminated you for non-performancee, the same would qualify as retrenchment (in case you are not employed in managerial or supervisory position). The employer is required to complete the retrenchment related process for termination. in case the same has not been complied with, you can approach the local labour department for unlawful termiantion.

  19. Ashok says on 11 Apr 2020

    Hi,My salary has been not credit yet despite working from home which was approved by my company itself. And instant of given me a salary my company ask me to reign other wise we will terminate youI requested them not to terminate I am ready top support the organization at this situation,They said to me company do not have fund to give you salary, you will not get the salary as weather you work or not better to resign or we will terminate youHowever, as per Government law it was been confirmed due to Covid-19 lockdown, people can get an advantage to work from home if the company allows.My company is one of them.Since, 23rd March 2020, I was given an approval from my company and a work system so that I can work from home.Being a reputed company in the market still they terminate me without any reason.I have family who all are depended on me only, without salary and job how will i feed them. kindly suggest.This is not the right thing happening with me and could be happening with others in the organisation. Today I’m the victim. I just need a faith answer whether I’m Wrong working from home for my company’s growth and reputation or whether the TERMINATION was a right step taken by the company.In this critical situation, I cannot demand more and neither can I justify. I’m just looking for my salary and my job till the date of COVID-19 Lockdown.RegardsAshok9268110029

    • Tanya Sachdev says on 05 Jun 2020

      There are various government advisorieswhere employers are requested not to terminate employment of their employes for COVID 19 but there are no specific orders by the Government which prohibit employers from termination the employment of an employee. In case your employer wants to terminate your employment, the same would qualify as retrenchment (in case you are not employed in managerial or supervisory position). The employer is required to complete the retrenchment related process for termination. In case the same is not followed, you can approach the local labour department for unlawful termiantion.

  20. Sachin gupta says on 12 Apr 2020

    I was serving notice period in my organization and last day would be 13th april, and joining in new company is from 14th april. But due to lockdown new company is denying to give the joining and stating that they ll confirm the joining day after lockdown.I also requested to my current organization to revoke or extend the notice period but they clearly denied it.What should i suppose to do in this situation.

    • Ram says on 02 May 2020

      I am also facing the same problem. Can you share me your number so that we can discuss the same.

  21. Akbar Pathan says on 12 Apr 2020

    I had resigned in the month of Feb and was serving a 60 day notice period. Due to the lockdown I have requested my organisation to either extend my notice period or revoke my resignation. My last working day was 10th April 2020, I have made multiple requests in written to the organisation not to terminate my employment also referred the government advisory of not terminating employment during Covid-19 Pandemic.However, my organisation has terminated my employment. They have given me a reason that they don’t have any business requirements to continue my employment.Is there any option for me to deal with this situation?

  22. martin says on 16 Apr 2020

    Dear siri work for company called as Lavier pvt ltd, when i asked for the march month payment the CEO respond was we have terminated the employes from the company present we cant pay the salary, so how we should servive in society for another 2 months we just dont undersand wat to do and how to run our life further.

    • Tanya Sachdev says on 05 Jun 2020

      Dear Prashant,As per the Government Order dated March 29, 2020 it is mandatory for the employer to make the payment of wages. In case your emloyer has not made the payments you can approach the district magistrate or any other office designated by him for attending the issues relating to Disaster Management Act.

  23. Ashish Kumar Gupta says on 17 Apr 2020

    Do we get advice on the questions posted on this website?ThanksAshish

    • Pooja says on 26 Jun 2020

      Hi,My salary has been Deducting from march. They are deducting 40-45% and even they gave Forcefully lwp for 1 month. I have bound with 2 years and I’m just completed 1 year with this organisation. I resigned but they are forcing me to give bound amount. How should I do please help me out.

      • Singhania says on 02 Jul 2020

        Hi Pooja,While you have signed the agreement specifying the bond requirement, you are under a contractual obligation to work with the current organization for a period of two years or else to pay the bond amount. However, considering the Court’s precedent in this respect, payment of bond money by you would depend upon the fact that if the employer has incurred expenses on your training and/or enhancement of skills required to perform the job, it will be justifiable on the part of the employer to demand bond amount from you if you resign before the completion of the term and you will be liable to pay the said amount as agreed. But, if no such training/skill enhancement expenses have been incurred by the employer then, you have an option to not to pay the bond amount and to contest before the court of law, if required. Further, if you have not given your consent for leave without pay (LWP), the salary for the months on which you were on LWP can be claimed from the employer.

  24. Kamal says on 17 Apr 2020

    On 14th Feb 2020 I was called in a meeting room and was asked to resign with immediate effect on the pretext that new management joined in Oct 2019 had eliminated my position of Sr. Manager Administration. It was a deliberate attempt to support new management VP who is assigned a position above me.My email access was deliberately blocked 3 hours before this meeting and I was ordered to write my resignation on paper. On refusing to do so, Ms. Delphine herself drafted my resignation on her laptop and handed over the printout to sign. Being under tremendous pressure and having neither any option nor support, I signed the document. As on date I have completed 2 out 3 months’ notice.Need to understand that if under the ongoing pandemic – covid -19 i have any option to revoke my resignation or someway put up for any consideration as there are no jobs in market currently.

    • Tanya Sachdev says on 05 Jun 2020

      Generally, once a resignation is submitted there is not much that can be done, unless you have sufficient evidence to establish coersion. In casse you have suitable evidence to support your case, you can approach the local labour authorities for unlawful termination.

  25. Gan S says on 17 Apr 2020

    I have been told to take a “sabbatical” which is basically leave without pay. I am not going to be paid for this month either. Is this a way to find a loophole in the current directive? Please advise what to do. I am an employee of the company apparently but will not be paid. What do I do?

    • Tanya Sachdev says on 05 Jun 2020

      As per the Government Order dated March 29, 2020 it is mandatory for the employer to make the payment of wages. In case your emloyer has not made the payments you can approach the district magistrate or any other office designated by him for attending the issues relating to Disaster Management Act.

  26. Rajeev Kumar Srivastav says on 18 Apr 2020

    I am working with Vital Laboratory Pvt ltd, Plant 2, GIDC, Phase 3 Vapi, Balsar, Gujarat as Sr Manager QC since 3 Feb 2020. Due to lock down my Management is not allowing me to attend duty. He had paid deducted salary only for March 2020 not paid for absence. My emploee id is 200233. Requested to justification and action please.

  27. Mohaammed says on 18 Apr 2020

    May I know who is going to answer the above questions here as we all have concerns but no response. If someone is really addressing these issues please do so on priority coz wot I feel this is not just there are many more people who lost their jobs due to this lock down

  28. Saima says on 18 Apr 2020

    I am a pre school owner run by society.I had a lock down situation just after 11th March 2020 .since most of my students are below 3 years and govt declares to close schools of children below 10 years .I do not get fees of March 2020 fully.I might not get business since all the students have left the school. During the duration of lock down it is interpreted that I am out of business till vaccine comes ..Very less working capital with me which will be eroded easily for paying salary of March only.Totally bankrupt and no chances of getting business in one year..Now employee are pressurising and threatening for every announcement of govt..What can I do ..so much disturbed..

    • Tanya Sachdev says on 05 Jun 2020

      As per the Governments order dated March 29, 2020, it is mandatory for all the employers to pay out the salaries of their workers during Lockdown and finacial difficulties of the employer are generally not accepted as a reasonable excuse for not adhering to such obligations. You can consider winding-up (in case you are a company) or bankruptcy in case of extreme financial difficulties but the non-compline of Disster Management Act can also attract penal consequences.

  29. Praveen Singh says on 20 Apr 2020

    Covid#19 #Stay Home #Stay Safe & Live #Home #Be Quarantine!!! Subject #Salary against before #Covid19 #Resigned Employee issue..!! Agar kisi Employee ke dwara #Covid19 se pehle kisi bhi Employee ne #Resign kiya ho tou uske liye #Covid19 main #Salary Release or #FNF ka kya pravdhan hain..??? (Notice period 9 March to 9 April 2020). #March Month 31 Days Half Salary 50 percentage only 15 days. Or Full & Final settlement March 31 days+April 9 days 40 days- Half Salary 50 percentage only 15 days. (same condition) Kindly Suggest & right information..!! #HRDMinistry

  30. Utpal says on 25 Apr 2020

    Did Government employee can be transfer during lockdown period

  31. sameer says on 01 May 2020

    On 30th March, my company says please take a 3 months’ non-paid leave otherwise put resign server the notice and leave the organization. then I will accept the 3 months because I know no jobs in the market at that time and mail him. can somebody guide me what can I do

  32. Pravin walgude says on 04 May 2020

    I am pravin Walgude worked with fox solution Hyderabad. 2 month before I switched to other company till date I haven’t received my full and final settlement amount. I sent them email. If you don’t released my full and final settlement amount I will take legal action against you.Please help me for further step

  33. ALKA KUMARI says on 05 May 2020

    Dear Sir ,My boss told me give resignation mail and go and my resignation is accepted .in lock down how can he say with me .i am not able to send daily wise photo for attendance . but i worked full time .then he told me give paper and go .

  34. Sandeep Jain says on 06 May 2020

    I joined the company on February 10, today I have been in the company for 3 months, I have not been able to achieve my target in 3 months, the company has given me salary for the month of February and March, and said that zero productivity is Because of this you will not get salary for the month of April and now I have been discharged without pay, now the company has decided that I have to stay in the company or not they will decide after the lockdown is over . Now I am very depressed and what should I do?

  35. Harsh Vardhan says on 06 May 2020

    Depsite 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 am very helpless and I don’t have any idea what to do next.

  36. Aditi khandelwal says on 12 May 2020

    My company discussed about paycuts but we’re not sure about percent for deductions, they said we will get back to you have one on one discussion. However nothing in written,also they are restructuring our salary permanently 70percent fixed, 30Percent variabkd. The variable pay is kept on sales. sales is not my skillset. Morover feel like company cheating us by levy

  37. sangita says on 14 May 2020

    Dear sir,In this critical situation of covid 19 we have doing job work from home but our company was not ready for given salary for the month of April and May 2020 because in this period company business down and not achieved business target as given by company directors. so we request you kindly give us an complaint no to lock this issue with attache of PM Modi. or it is nassesary to given notice for all privet companys for 100% realease salary to all employees.

  38. Vijay Kumar says on 23 May 2020

    Hello Sir,I am a Software Engineer, on a grade of Sr Manager in an ecommerce company from last 2 years.Citing Covid’19, company says business is down by 90%, in march-April 2020. But now we know it has recovered by upto 60%. (Business is now 60%-70% of what it was before covid.)Due to above1. My employer imposed pay cut and reduced the salary by upto 50% (grade wise) for whole quarter April-May-June. They conveyed that your appointment letter has been updated with reduced salary. I haven’t agreed to that or accepted it anywhere.2. Half yearly variable payout due by March End is still not paid to us. (No appraisal as well)3. Now on May 21, 2020 they are asking a lot of employees to resign on performance grounds. Rating 2 (below expectations) given on 5 point scale (5 best , 1 worst. 3 means meets expectation).4. Now they are saying during resignation notice period –i) you will get reduced salary only.ii) accumulated leaves/Paid leaves will lapse and will not be paid.iii) variable will not be paid.iv) No severance.5. If we do not resign they will terminate us and give just basic salary for notice period.Please guide is this legal or do I have any rights.What should I do, resign or challenge. I just have 2 more days to decide.

    • Vijay Kumar says on 23 May 2020

      The company is registered in india and offices in Delhi and Bangalore.

  39. Shantanu Chattaraj says on 31 May 2020

    I got a job offer and I left my previous company on March and suppose to join new company on 23rd March, 2020. But it was deffered to 1st June, 2020. I am having 16 years of experience, now I am jobless since 3 months. on the top of that my new company is not willing me to take on board because of pandemic situation and company no business. How can I sue the company. I am middle age man having 2 kids. They are asking me to find a suitable other option for me.

  40. MONA chanu says on 16 Jun 2020

    Hi Sir, I will be very grateful if you reply on this comment. I am working in an IT company under third party. We were having WFH since lockdown happened. On the same day of getting WFH, I was Hospital for 5hours checking up myself as I got high fever. Fortunately, It was not corona case but a viral fever. I am prone to getting fever in any climatic changes, have dust allergy and too much exposing cold gets me fever. As per government’s green signal on opening up the offices, our office started back to office. I agree they are providing safety measurements and precautions with much better services. But as I have historical health issues with getting fever regularly, I told them I won’t be able to join office right now. Now, I am given paid leaves. And I have only 8 days of leave balance as i exhausted all my leave balances in January for my Sinus surgery. They said until i join back, i will be on paid leaves. I have decided to quit the job. I stay far away from family and alone in different city, I can’t take my risk on health. Whatever the agreement management is giving, they don’t want to send on mail which is proper way of communication in any firm/org/offices. They want make every agreement on phone call. They don’t want to send mail that i will be on leaves if im not joining. They just said on call. Even if i am joining due to this threat, they are asking to sign a self declaration form that I am joining office willingly. Please give some some advice how can I have a systematic way of communication and legitimate way of work call. Thank you. Please reply.

  41. Arun Kumar says on 23 Jun 2020

    Hi,I am working with Hexaware technologies ltd. my employer asking me to leave the organization due to no requirement in the process. as of they gave me the alternate option to work for voice process, I agreed on it but the issue is the Avaya is not working same escalated to my TL, Manger, etc. but they say it’s your problem since I was working from home past 1 month in nonvoice all apps were working fine, while working in voice process there one software is not working and all other software is working fine. still, my employer is saying you are not productive so you have to leave the organization. It wasn’t my fault that their software is not working. they say its connectivity problem so I had sent them speed tests and arrange a conference call with my network person. still, they are saying we cannot do anything they were saying if you do not fix this you have to leave the organization. now there is one more issue as HR giving the option to work from the office but not giving any transportation. dur to COVID 19 transportation in my area is not functioning so how will I report to the office. as they are not looking upon employees’ safety measures and saying its again your problem how to report into the office. verbal warning pass by HR stating if you will not report to work in 2 days you will be marked as absconded.Note: They want more manpower for voice process that is why they are doing all this shit with employees, I am not only the one victim there are many other employees with me facing such issues.Now I want legal advice from you what steps should I take?I request you to address this issue on a priority base because I just have 2 days to give my decision to HR.

  42. Akshita says on 25 Jun 2020

    HiiI work in Samsung Hospitality India Pvt Ltd . After lockdown we got 02 mnths salary as we were working from home during that period . But after 2 mnths they asked us we will not get salaries and would be considered on LWP. Now after 4 mnths they wants us to resign .Please advise what can we do .

  43. Nandita says on 26 Jun 2020

    Hi sir,My company laid me off 2 days back saying that they have to reduce workforce as they are not earning much due to covid situation and requested to put resignation

    • Singhania says on 02 Jul 2020

      Hi Nandita,In your case, joining the new company would depend upon the effective date of your resignation. If you have rendered your resignation with immediate effect, you are not under an obligation to wait till September and join freely the other place. However, if your resignation will be effective after serving 2 months’ notice then, you will have to wait till the end notice period.

  44. Mohit says on 02 Jul 2020

    Company has paid 30% from last 2 months and now asking to come office regularly in 60% salary, i have asked them to pay me full in this condition but they refused and asked me weather i would like to continue or not. but i have an offer form another employer with 30% hike. And current company is asking to serve notice period of 30 days with the this deferred salary. What should i do?

    • Singhania says on 13 Jul 2020

      Hi Mohit,We understand that you are under a contractual obligation to serve a notice for a period of 30 days and hence, you cannot resign immediately from the company without serving the notice period to the employer, unless and otherwise mutually agreed by both the employer and the employee. We suggest you to communicate with your employer regarding the same.

  45. Naq says on 04 Jul 2020

    Im a health care worker, i was infected during my duty in hospital . During course of my disease my family also got infected. I hv no one to takecare of us so mailed my resignation to dept head as i cudnt give a written notice as that was not possible for me as ibwas not allowed to go out during my sickness. My reason for resignation was that i was sick and my mother was also sick and we are migrant workers here in delhi so i wanted to return to my home as there was no one to takecare of us .I work in esi hospital and they are telling me your hv to serve notice period or pay one month salary.What should i do now , as i didnt chose to get infected , and due to all this my whole family had to suffer and now they are adding to my suffering.

    • KAMLESH KUMAR says on 08 Jul 2020

      I HAD FEVER FROM 18/06/2020 TO 02/07/2020. I TOOK TREATMET AND I WAS ON REST AT THAT PARTICULAR PERIOD. SHOULD I GET MY SALARY OR NOT. I AM IN GOVT DEPT ON CONTRACT BASIS.THANKING YOU

  46. s madhavan says on 20 Jul 2020

    After 12% pay cut for two months, my employer terminated me from service from 1.7.2020, without retrenchment compensation for the 33 years of service I have put in and the balance of four years of service as the retirement age is 60. I am 56. I am pleading for retrenchment compensation. The Separation Letter states I am eligible for three-month notice period and gratuity only. When enquired about retrenchment compensation, the HR guy simply said you will be paid notice period salary and gratuity. He doesn’t want to be drawn into retrenchment compensation argument. My question is if employers are allowed to deny retrenchment compensation citing pandemic is it not equitable justice to extend that benefit to employees also who have availed loans in fond hope that either they would be kept in service or even if retrenched will have retrenchment compensation to settle the lenders.

    • Singhania says on 06 Aug 2020

      Hi Madhvan,Please note that only the employees’ who are falling under the category of workman as defined under the Industrial Disputes Act, 1947 (“ID Act”) are eligible to receive retrenchment compensation. In case, if you fall under the workman category, you are eligible to receive retrenchment compensation in addition to the salary in lieu of notice and gratuity as paid by the employer. In case the employer refuses to pay retrenchment compensation, you can initiate legal proceedings against the employer in the labour court having jurisdiction over the matter.

      • s madhavan says on 10 Aug 2020

        Thank you for your reply. At the time of retrenchment I was working as Senior Sub-Editor, and I was covered under Working Journalists Act, 1955.

  47. S says on 24 Jul 2020

    I need guidance on the Arbitration process as this has been mentioned in my employment contract. I was an office-based professional designated as Admin in Mumbai, but the office closed its operations and transitioned every employee as Homebased. It was all going smooth but suddenly my reporting manager resigned in Feb 2020 and I was made to report to somebody else who was working from US office. However, there was no communication between us they wanted me to report to someone in India office, which they did and I was working under an India local head (HR) with her as an assistant. Suddenly Lockdown was imposed but happily, I was getting paid every month until in Jun 2020, I got called from the same HR manager that my role has been redundant as there will not role for General Manager in India, I was asked to resign immediately and take the severance package. As I have a huge loan to take care of, I agreed but the package shared was very less and I showed my distress for the same. I tried looking for jobs but with no offices open and hiring not going full-fledged, it’s difficult to survive with expenses and families to look after.Please guide me on the same.

    • Singhania says on 06 Aug 2020

      we understand that since you have placed your resignation and the employer has paid you severance pay in full, there is no merit in initiating arbitration proceedings against the employer.

  48. G says on 07 Aug 2020

    Hi sir,I am working as a software engineer I have signed a contract of 2 years as they gave me a so called training in Uk for 40 days the bond amount is Rs.6lkh.The work was going smoothly for the past 4 months and I was doing the French projects now they have gone to there sweet summer holidays and they do not want to their part of the job and they are saying that I should be doing that part also and submit the project to them when they return after there holidays.I am currently under the Indian management and they said to come to the office to the work but in my area the public transport is still not operational and I am a prior patient to many ENT issues so if I contract COVID I’ll be done for sure and I will be a danger to others also and the office also is very small and proper rules are not followed regarding COVID.Now the officer says that if you don’t want to come just resign but I declined now they are saying that I will be terminated and as mentioned in the bond if employee is terminated also for a “valid” reason they will have to pay the bond amount.Now if you could reply and guide me it would be very generous of you

  49. Vasanth says on 11 Aug 2020

    I am working for Teleperformance Jaipur since last 2 years and the management has marked PLs(Paid Leaves) from March 21st to April 2nd as I am not productive due to client tool issue and the management is reluctant to rectify these PLs and also not rectifying any attendance mistakes prior to lockdown or during the lockdown and whenever there is a tool issue they are marking them as PLs or LWPs if we have no PL balance.I have already lost 16 PLs due to these kind of issues. My father was passed away in April and due to the lockdown I was unable to go to my hometown to perform final rituals to my father, and as a part of them I need to go home next month. But as my hard earned PLs are deducted by the management and not adding them back my leaves next month will be marked as LWPs(Leaves without pay).I want to fight for this injustice and would like to know how to proceed legally. I really appreciate any kind of help on how to proceed in this matter.

  50. trinat;h says on 02 Nov 2020

    Dear Sir,Can i resign during this CORONAVIRUS period?i want to resign, will i have to serve notice period after lockdown or my notice period will be considered in this period too?Pls help me i am feeling very stressed.

  51. Suthagar says on 04 Apr 2021

    SirI am suthagar was working with a company since Feb 2016 to 2020 march . I am in furlough since may 2020 to till today. Company is not calling me back .. can I register any complaints against company? Where I have to do? Labour office? If I resign is eligible for service money? Please advice..

  52. Ksv says on 11 May 2021

    In the month of March 18 th 2021 I went to US with leave upto 4 th April

  53. Jayati says on 16 May 2021

    HiI was covid positive and i have informed to my office also but they have deducted my slary as a leave, what should I do....

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