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Organisation can pay partial salary if it is facing severe financial crisis due to lockdown. This may be obsereved in mid and small sized company were revenue in every month is very important. There should be a mutual understanding between Employer and Employee and all the dues should also be cleared as soon as the situation gets over. Everything should be tranperent. Regards
Can companies deny to payment in lockdown period?
Yes the Government has issued Notification that no deduction be from wages, such an instruction has its limitations in as much as no one can be compelled to do the impossible. The only option is to pay a uniform pay (not less than the living wages) to all the employees (including all those at the management level) during this period.
Sir
Keeping in mind the points explained you, if you are not having with sufficient funds to pay the employees for the lock down period, in this case, partial payment can also be made to the employees were on the muster roll of the company on the day of lock down. The rest of the amount after deducted the amount paid partially, is required to be paid at the earliest most probably on first priority on receipts of the funds. However, the State Government are saying to initiate legal actions against all such offenders under the provisions of the DM Act, 2005, whereas there is no such provision stipulated in the DM Act, 2005 enabling authorities to prosecute for non-payment of full wages/salary.
Thanks
Regards
R B Rao

Point for consideration
Excerpt from the opinion below:
The directions issued by the governments to employers to pay wages to all the workmen neither comes within the framework of the DMA and EDA nor is backed by a statutory law. What is also not clear, if any disputes get to court, what exactly could the outcome be.
It would be most helpful if Legal Professionals in this group could clarify.
Thanks in advance.
Link:
https://www.thehindubusinessline.com...le31262286.ece

Central & State government have issued notifications that employers shall not terminate any employee during the lockdown period. You can terminate the employees only after the following the due procedure of law. https://lawcovid19.blogspot.com/
The DMA & EDA gives very wide powers to the Government to issue directions, orders, rules and regulations. These laws could not envisage the specific measures that Government would have to take during an epidemic, hence the wide powers under these laws. Also the DMA has a provision (Section 72) which has an overriding effect on any other law in force.
https://lawcovid19.blogspot.com/

Which three months March April may Ya April may June
Please suggest.
Can we terminate an employee who is going to complete her maternity in Apr and she is looking for extension of 2-3month.
We are taking this decision because of Company's is facing financial issues and we are currently working at 50% capacity.
we will call her if we have any suitable opening in future. This is an IT companyCan we do this?

Dear Seniors,
In this situation when manufacturing units and projects are shutsdown, it is very difficult to the companies to pay to the employees or workmen.
Practically it is very difficult to pay salary to the employees and for the livelihood it is very difficult to servive for the Labour or workmen.
In this scenario please suggest how HR can suggest to the management and how much amount have to release as salary.
Thanks
Ram Prajapati


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