Sub: Unlock 4 (plan) to re-open more activities in non containment zones amid the Covid -19 Pandemic.
The Ministry of Home Affairs had issued fresh guidelines on 29-8-2020 (Attached) under its Unlock 4 plan to re-open more activities in areas outside containment zones amid the Covid -19 Pandemic and extend the lock-down in the containment zones upto 30-9-2020 .The guidelines will come into effect from 1 September , 2020.
Earlier relaxed norms for Commercial Establishments will continue (Refer page 5 of MHA Notification ) –Continuation of earlier directives for Workplaces:
1. Work from home (WfH): As far as possible the practice of Work from Home should be followed.
2. Staggering of work/ business hours will be followed in offices, workplaces, shops, markets, and industrial and commercial establishments.
3. Screening & hygiene: Provision for thermal scanning, hand wash, and sanitizer will be made at all entry and exit points and common areas.
4. Frequent sanitization of the entire workplace, common facilities, and all points which come into human contact e.g. door handles etc., will be ensured, including between shifts.
5. Social distancing: All persons in charge of workplaces will ensure the adequate distance between workers, adequate gaps between shifts, staggering the lunch breaks of staff, etc
V.Sounder Rajan
Advocate & Employment Law Consultant
23The Ministry of Home Affairs had issued fresh guidelines on 29-8-2020 (Attached) under its Unlock 4 plan to re-open more activities in areas outside containment zones amid the Covid -19 Pandemic and extend the lock-down in the containment zones upto 30-9-2020 .The guidelines will come into effect from 1 September , 2020.
Earlier relaxed norms for Commercial Establishments will continue (Refer page 5 of MHA Notification ) –Continuation of earlier directives for Workplaces:
1. Work from home (WfH): As far as possible the practice of Work from Home should be followed.
2. Staggering of work/ business hours will be followed in offices, workplaces, shops, markets, and industrial and commercial establishments.
3. Screening & hygiene: Provision for thermal scanning, hand wash, and sanitizer will be made at all entry and exit points and common areas.
4. Frequent sanitization of the entire workplace, common facilities, and all points which come into human contact e.g. door handles etc., will be ensured, including between shifts.
5. Social distancing: All persons in charge of workplaces will ensure the adequate distance between workers, adequate gaps between shifts, staggering the lunch breaks of staff, etc
V.Sounder Rajan
Advocate & Employment Law Consultant
Deprived Workers Of Their Dues: Karnataka High Court Directs Mysore Electrical To Reinstate Employees Unilaterally Shifted To Contractual Engagement-The finding of the labour Court as regards the alleged transaction being a sham and camouflage has already been upheld in answer to point No.1 above. Once this Court comes to a finding that the agreement is sham and camouflage, the workmen cannot be denied their just benefits. In the present case, there is no agreement at all, it is only a contention by the employer. The said contention is also sham and to cover up the liability of the employer to make payment of due amounts to the workmen. The Hon'ble Apex Court in SAIL's1
case has held that if a contract is found to be not genuine but mere camouflage, so-called labour will have to be treated as employes of the principal employer, who shall be directed to regularize the services of the contract labour in the establish concerned subject to there being a vacancy and if there is no vacancy, if the principal employer intends to employ regular workmen, he shall give preference to the erstwhile contract labour, if found suitable and if it is necessary, by relaxing the conditions as to maximum age appropriately, taking into consideration the age of the workman at the time of their initial employment by the contractor and also relaxing the condition as to academic qualification other than technical qualification- vsrlaw
case has held that if a contract is found to be not genuine but mere camouflage, so-called labour will have to be treated as employes of the principal employer, who shall be directed to regularize the services of the contract labour in the establish concerned subject to there being a vacancy and if there is no vacancy, if the principal employer intends to employ regular workmen, he shall give preference to the erstwhile contract labour, if found suitable and if it is necessary, by relaxing the conditions as to maximum age appropriately, taking into consideration the age of the workman at the time of their initial employment by the contractor and also relaxing the condition as to academic qualification other than technical qualification- vsrlaw
information on the recent ruling of the Supreme Court in the matter of Neetu Singh vs. Union of India and others extending the MB to contractual employees beyond the Contractual period. This Judgment has great ramifications in the Contractual Staffing Industry and more particularly to IT Staffing. The gist of the judgment is that the Supreme Court of India ruled that maternity benefits have to be granted even if the period of benefit overshoots the term of contractual employment. The court held that maternity benefits can travel beyond the term of contractual employment and are not co-terminus with the employment period. The court also observed that the Maternity Benefits Act, 1961 overrides other laws and agreements that may restrict the entitlement of maternity benefits. The court directed the employer to pay maternity benefits as would have been available in terms of Sections 5 and 8 of the Maternity Benefits Act, 1961 and payment to be made within 3 months. The court was hearing an appeal against a Delhi High Court ruling that had restricted maternity benefits to a mere 11-day period, citing the expiration of a contractual agreement. You can read more about the judgment from the link.
Accordingly, all Contract Staffing Companies need to prepare a communication mail to their Clients citing the judgment as overiding the contractual terms between the Client and the Contract Staffing Company .
Regards
V.Sounder Rajan
Advocate
Chennai
Accordingly, all Contract Staffing Companies need to prepare a communication mail to their Clients citing the judgment as overiding the contractual terms between the Client and the Contract Staffing Company .
Regards
V.Sounder Rajan
Advocate
Chennai
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LEGAL COMPLIANCES.doc
Legal COMPLIANCEs and DUE dates.xls