Friends, PFA articles on the subject which you may find useful. Thanks
From India, Malappuram

Attached Files (Download Requires Membership)
File Type: pdf COVID19_ Guide To Legal Issues On Employment And Workplace.pdf (153.5 KB, 493 views)
File Type: pdf COVID-19_ A Pandemic, A Force Majeure And A Material Adverse Change.pdf (193.4 KB, 338 views)

Company Secretary In Practice
Asso.prof.(commerce & Management)
Bhartiya Akhil

Check the below lines in the document, it may be incorrect in document - (covid19_-guide-legal-issues-employment-workplace.pdf")
1) In so far as per the orders passed by most states, non-essential services may continue to function as normal
2)as stated above. Some examples of essential functions that are required to be working and functional are
outpatient departments, and clinics, E-commerce hotels and restaurants, etc.

From India, Agra

Dear colleagues,

I read an article published in the columns of mondaq news letter on fallout in economic activities, labour related matters and specifically application of 'force majeure' clause for initiating labour matters with a perspective in Thailand. The views contained in the article almost akin to Indian scenario as well. I'm sharing the article with a view to discuss how far "force majeure" clause, if they form part of agreements (and how to go about if there is no such clause in terms of apptt.,) can be applied in India. Especially - i) reduction in idle wages for lock down period and/or 'no- work-no-pay'

ii) Closure of units, reduced operations, lay-off

iii) Termination-all or few on selective basis

iv) Leave regulation, attendance, Work From Home admin.

v) Notices, Compensation etc.

vi) Reinstatement when resumed, continuity of service etc.

From India, Bangalore

Attached Files (Download Requires Membership)
File Type: docx COVID-force majeure conditions-Perspective in Thailand.docx (17.9 KB, 20 views)

Bhartiya Akhil

Dear Prof. Kumar, I don’t feel that in India we can have 'force majeure' clause for workmen category. Probably we can have it for non-workmen category.
From India, Mumbai

Yes, though 'force-majeure' condition forms part of commercial/business agreements, it's very rare to find such a clause in employment contracts. Establishments may consider inclusion of this clause in future.
From India, Bangalore

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