Asso.prof.(commerce & Management)
R B Yadav
Advocate & Management Consultant On Labour
Senior Hr Consultant
Advocate, Pune , Maharashtra
Legal Professional

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Hi everyone, My employer is asking me to put down the papers and leave as position has become redundant.
I am working in HR department. Due to Covid 19 there will be no hirings for coming months, so they want to terminate me.
Can he terminate me if i don't resign in such scenario in India. Please suggest corrective action to be taken.
I am the employee of that firm since 8 months and have also completed probation.
Thank you in advance.

Dear sir
While at the time of lock down as declared by the Central Government as well as lock down imposed by the State Governments, nowadays, all of the commercial establishments including industry are locked down due to the pandemic conditions raised by Covid-19, in view of the statutory directions, no one can terminate an employee during this lock down period, hence question of termination at this stage is totally illegal and contrary to the provisions of the SOP, DM Act and against the provisions of ID Act, 1947.
You can raise your voice with the concern Officer of the Labour Department of your factories/establishment jurisdiction.
R B Rao

From India, Mumbai
Thank you so much for your input.
Also, the company has hold my salary. What can be done about it. Please suggest.
I am following up with them on email. But they are not reverting back. My salary date is maximum of 4th of every month. My colleagues has already got on 5th April.
I will keep your advise regarding resignation in mind and will keep you posted if any deviations are there.
Thank you again.

You send a notice (on email is fine) to your employer requesting them to release the salary as not paying your salary is illegal given the government notifications as given by Mr. Rao. You are also entitled to file a complaint with the Labour department. https://lawcovid19.blogspot.com/
From India, Bengaluru
No termination during Lockdown
From India, Mumbai

Attached Files
File Type: pdf Advisory MinistryOfLabour-Not To Terminate-EmployeesOrReduceWages.pdf (831.7 KB, 141 views)

Hi sir,
My employer has shared me termination email stating below details:
" Please note that the Company has decided that the even named position of yours shall be no longer required and hence, the Company is terminating your employment with immediate effect and paying you the Salary in lieu of the notice period, as per the appointment letter.
You are request to immediately handover the assets of the Company, including but not limited to laptop, charger, etc., and all documents, data to your reporting manager".
Please suggest necessary action to be taken.
Thank you.

Hi, pls mail me your termination letter as during lockdown its not allowed to terminate, also let me know if anyone else has been terminated or asked to resign or its only you. read the attached file for your quick reference. - https://www.citehr.com/618638-some-i...ns-during.html
jatin adhav, advocate

From India, Hyderabad
Dear Sir,
During covid-19 lock down time i did not go the factory.. On May 20.05.20 11 am i received regular duty joining message from my dept HOD . i replied i will join within 5/6 days because i have some financial problem.and also illness of my mother.
next i joined duty on 27.05.20. After working 3 hours latter suddenly a management person (commercial head) calls me in his room and asked why i am absent in lock down period. Next he direct me not to comes to the factory until he recalls me again..
Now from dated 27.05.20 to till date he never call me again and remains silent except sending me one enquiry letter on 10.06.20 and one show cause letter on 16.06.20 about my Absenteeism reason with some unclear point and threaded me for termination.. i replied both the letter on time.
In the middle no salary credited me for the month of April May and June.
i can't understand what he want to do? i just get mentally upset. two weeks ago i send another mail for my joining query and pending payment but no response received from him.
i am working there 13 years as commercial assistance.. Our factory is steel making industry and more than 200 nos permanent employee working.
This type of harassment only happen with me along with other two employees under the same management person.but one of them give resign and other one later get full salary for the April month along with May 20
Kindly help me what can i do now?
Sourav Roy

From India, Ballygunge
Layoffs in the wake of COVID-19 pandemic are extremely unethical and unprofessional. Please consult your local trade union if you have received an unintended termination notice without assigning legal reasons to do so.
It is not a wise decision to cull headcount - shows that your Organization has myopic human resource management policies.
There is plethora of literature published from premier Business Schools during February - June 2020 - around - how to effectively utilize human capital without layoffs and justify remuneration costs.
Research has proved that - in the longer run, such policies will prove to be counter-productive and dead-costs will resurface in form of manpower gaps in the near/ far future.

From India, Delhi
After waiting two months finally they Recalls me again. Thanks to everyone who gave me important advice in my time of need. Thanks % regards. sourav roy.
From India, Ballygunge

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