Umakanthan53
Labour Law & Hr Consultant
Loginmiraclelogistics
Asso.prof.(commerce & Management)

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Hi, I have some doubts, please help me to clear that. Firstly, leave due to the lockdown period can be adjusted with the EL/PL of the employees.
Secondly, If management wants to force the employees to work on weekly holidays, that is on Saturday and Sunday and on Government holidays for compensating the leaves during the lockdown. Can the management do the same?
Thirdly, If the company provides a 50% salary to the employees in the lockdown period, and after opening also they are providing the same amount of salary to the employees, Can the employees ask for their full salary? Please guide me with legal norms and clauses. Please help me, sir.

From India, Kolkata
Hi Nanditadas,
1 & 2nd : Not ethical. But issues should be discussed and agreedto mutually with a view to help each other parties.
3rd: Even the SC advised employers & employees to negotiate with mutual concern for an amicable settlement. I suggest employees may maintain peace and wait for few more months by the time firm's operations regain returning healthy finances.

From India, Bangalore
Dear Nandita,

Prevailing lock down, whether total or partial is an extraordinary and unprecedented situation in the history of organized economic activity in the world. Apart from being grim, it is, to some extent, painfully unique in the sense that the legal concessions granted to employers in respect of curtailing employment benefits to their employees in situations beyond their control and capacity have to be kept in abeyance during the world wide lock down due to the COVID-19 endemic. Since it is more a problem of life rather than that of livelihood, it is imperative that the employers should adopt a humane approach to the consequential employment issues pertaining to the period of lock down and thereafter as well.

Therefore, my suggestion would be to take collective decisions on such issues with the concurrence of the employees. But ensure that no blatant violations of legal provisions nor any contracting out. This is the quintessence of the ratio decidendi of the Supreme Court of India's recent observation.

From India, Salem
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