Umakanthan53
Labour Law & Hr Consultant
Loginmiraclelogistics
Asso.prof.(commerce & Management)
Kuldeepverma04
Dy. Manager-hr

Dear All,
We are a pharma & cosmetic manufacturer in Uttarakhand, and manufacturing Hand Sanitizer and Personal Hygiene items, with state govt. permissions. Hand Sanitizer is an essential commodity during that current COVID - 19 scenario. We, called/ informed our staff and workers as per plan to attend their respective duties, but most of them are not responding or not attending.
Attached office order from Labour commissioner is clearly states that, all workforce required for essential commodities production are not covered under the appeal for the wages without work.
What is your opinion?
Can we deduct the wages of non attending staff/ workers.
Is any pre-intimation required to individuals or the department.
Pl advise
Regards,
Kuldeep Verma

From India, Calicut

Attached Images
File Type: jpeg Labour commissioner order.jpeg (141.8 KB, 132 views)
Attached Files
File Type: pdf GO.pdf (770.1 KB, 205 views)

Dear Kuldeep,

Of course the employer is empowered to deduct wages on the basis of "No work-No wages" doctrine.

But, he has to be somewhat considerate realizing the contagious nature of the prevailing virus and the restrictions imposed by the lock down on movement of people. It is important that all the preventive and safety measures are kept in place inside the manufacturing facility against the possible spread of the virus and proper arrangements for food and shelter etc. In spite of such facilities extended by the management, if anyone does not come to work except for the reason of Covid-19 infection to either self or any member of his/her family, the employer can deduct wages treating the entire period of absence as unauthorised one.

The call to work should also contain this information.

From India, Salem
Dear Kuldeep, You only pay for the period of attendance. You also call for explanation for not coming to duty.
From India, Mumbai
GoI’s circular issued w.r.t. attendance in work places during May 20 is attached for info & guidance.
From India, Bangalore

Attached Files
File Type: pdf GoI-COVID Notification for attendance recording fm 18.5.20.pdf (589.7 KB, 283 views)

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