Madhu.T.K
3896

Travelling allowance perse is an allowance fixed for a month as part of their salary. In case an employee absents without leave, naturally, his LOP will be based on a salary including this component. But travelling expenses reimbursement is not part of salary and such components can be withdrawn during a non functioning period.
Still, we can counter that travelling or conveyance allowance is an allowance paid to the employee to enable him to commute to workplace from his residence and therefore, it is not payable if he has not come to work due to lockdown.

From India, Kannur
Madhu.T.K
3896

If an employee has been given working from home and has not complied with the direction, no salary need to be paid to that employee. He should be marked as absent. Moreover, disciplinary action should also be taken against that employee for insubordination.
The lock down should not be taken as an advantage. The instruction from the government is that factory or office should remain closed and there is nothing wrong in asking the employees to operate from homes.

From India, Kannur
udai.singh
1

Dear All,
My company is pressurizing to us for putting the resignation in this lockdown period. When I denying they told report to office anyhow because they know Iím living in Noida an my office is in Gurgaon and it is not possible to me as Police are not allowing to movement in both of Borderís without movement pass and also they are not issuing a movement pass for the same. May be they will declare absconder. Kindly suggest what to do and whom to approach. Iím working in this organisation last 8.5 years. Can I file a complaint in Police station or CM window or MHA? Please advice

From India, Delhi
Madhu.T.K
3896

This is not an isolated case but there are a lot of cases similar to your. When the entire region is in red zone how could your company alone open? If opened they cannot as an employee staying in a containment area to report to duty. Therefore, you should escalate the issue to the concerned department and get a pass for movement.

During lockdown period the company cannot insist the employees to remain in the head quarters. COVID19 lockdown should be taken as a specila case and as such if an employee leaves HQ to stay at home which is away from the place of working, you cannot blame the employee and ask him to be in HQ and available in the office on call. Therefore, legally the company cannot declare you as absconding. If they remove you from service saying that you have failed to report at office, take it to appropriate authorities. It is very clear that the company does not want to get into troubles by terminating the employees and that is why they are asking you people to put papers. If you resign you will lose lien and, therefore, don't do that.

From India, Kannur
kothari_sonia31@rediffmail.com
1

Issuing notices to employees who are not attending office in pharmaceutical company is justifiable ?
From India, Noida
HARI9692
Hello,
My Employer has deducted 60% Salary all employees. ( Mail copy of HR enclosed herewith for your kind reference )
We are working on After Sales Service Project. My Engineers have to visit customer homes for TV Installation and Repair at Doorstep. And Sometime Customer will also visit to our Service Center. So in this mean time Work from home is not applicable for them.
Manager or PIC only can work from home as he can respond to the mails as well as to the Customer Calls.
So is this legal to deduct 60 % Salary ?

From India, Guntur

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TheUnitedGroup
Respected All Seniors and Peers,
Can anyone share copy of Guidelines / Notifications (if any) regarding payment of wages / salaries to its employees (especially contractual employees) during lock down period. Shall appreciate if the same could be send to me on my mail id .
Regards,

From India, Chandigarh
Madhu.T.K
3896

The government has issued orders to pay full wages to all employees including contract workers and casual workers. this has been challenged by various employers in the Courts. The court verdict is yet to come.

Reducing salary is not an appropriate action of the employer but without any revenue to come, how can an employer pay full salaries? Everybody is interested to get full salary without thinking the sources of funds. This is a situation which we have never faced in the past. Therefore, if you are asked to work with lesser salary, the only option available is to leave the present company and join another company. But do you think that you will get a job? Every company is suffering from over staffing and in this scenario do you think that you get salary at par with what you were getting prior to lockdown?

From India, Kannur
soha lal singh
Dear Sir,
That is good decision by supreme court and we support it. But is it necessary to pay PF contribution of employees because we decided not to deduct EPF contribution 12% from employees salary and full salary shall be paid to them for lockdown period.
But can we file nil return for EPF for the month of April-2020 because our company didn't qualified under PMGKY, due to our 90%+ staff salary is above 15000.
PF contribution (15000x90)*24%+ Admin charges, is unbearable expense in this period having no source of Income.
Please help in this matter
Thanks in advance

From India, Rourkela
Madhu.T.K
3896

If you do not qualify for the so called benefit announced by the government why didn't you deduct employees' share of contribution? If employees have been paid full salaries, why don't you deduct employees' share? The announcement of bearing employees' share itself was wrong because PF accrues only when salary is paid. When employee receives his salary, he can certainly pay his share of contribution also. It is okay if the government is bearing employer's share of contribution because when the employer is in trouble and amidst if he has to pay salary as well as statutory contribution it will make further losses to him. But bearing employees' share is meaningless just because PF becomes payable only when he receives salary.
Therefore, you cannot file Nil return nor can you abstain from paying contributions. If you do so, it will attract penal actions. Obviously, you can utilise the grace time given by the EPFO

From India, Kannur

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