Due to COVID-19 The employer is not ready to pay wages without work for those days. - CiteHR

Dear Experts,
I am facing the issue that due to COVID-19 as per Govt announcement, we also declared leave without mentioning any Paid leaves in circular.The 2nd day of announcement the State Govt has declared that the company has to pay full salary for those days for their employees. But the management is not ready to pay with salary due to industry slow down in last 6 to 8 months & no proper productivity. If we pay without salary for those days is their any legal issues will come through the Govt & Employees side ???
please advice me.. looking for best
Baskar Sriraman

From India, Mumbai
Labour Law & Hr Consultant

Dear Baskar Sriraman,
The COVID-19 outbreak is an international disaster affecting millions of people across the globe day by day. The high density of population in countries like ours poses a great challenge to whatever the preventive and curative measures earnestly taken by our Central and State Governments. The nation-wide curfew and shut down imposed by the Government in the wake of a situation of medical emergency, if continued indefinitely beyond April,14,2020, may lead to the imposition of Financial Emergency under Article 360 of the Constitution of India for the reason that recovery of the economy after restoration of normalcy in a day or two is certainly not at all possible. Therefore, a concerted action based on the different dimensions of the present problem including its human side is called for from all the stake holders of the industry.
The Government's direction to pay wages to the industrial employees for the lock down period despite no work has to be viewed as only a temporary measure to avert immediate loss of earnings to millions of working masses. Do not simply undermine or lose sight of the announcement of the RBI regarding certain financial sops, Government's move to bear the burden of the EPF contributions of both the employer and employee in respect of industrial establishments with less than 100 employees, the EPFO's announcement permitting non-refundable advance of 75% of accumulation to employees etc. Other remedial measures enabling the industry to cope with this unexpected and inevitable economic crisis consequent on the killer epidemic might be on the anvil. My humble submission, therefore, would be that instead of mulling over the legal consequences of non compliance, the employers' positive efforts towards immediate compliance is the need of the hour. If there is a will, there is a way!

From India, Salem

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