Hi all, Hope you are doing well!
My Queries:
1) If an employee is in another state and their company is situated in a different state, as per state and central government orders during the COVID-19 lockdown, they are not supposed to cross state borders. Interstate movement will not be accepted by the government. So, if the company falls under essential commodity manufacturing, the employer may not be able to assign work from home as the particular employees are involved in production-related tasks. Does the employer need to pay them full salary?
2) For employees staying in the same state and provided with cab facilities, if a particular employee does not attend their duties while others are unable to due to lockdown, should the employer still pay full salary or can they take necessary actions?
3) Is it mandatory to provide extra salary to employees working during the lockdown?
Thanks!
From India, Thane
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2My Queries:
1) If an employee is in another state and their company is situated in a different state, as per state and central government orders during the COVID-19 lockdown, they are not supposed to cross state borders. Interstate movement will not be accepted by the government. So, if the company falls under essential commodity manufacturing, the employer may not be able to assign work from home as the particular employees are involved in production-related tasks. Does the employer need to pay them full salary?
2) For employees staying in the same state and provided with cab facilities, if a particular employee does not attend their duties while others are unable to due to lockdown, should the employer still pay full salary or can they take necessary actions?
3) Is it mandatory to provide extra salary to employees working during the lockdown?
Thanks!
From India, Thane
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Employee Presence During Lockdown
Legally, an employee is supposed to be at the headquarters. In the case of an establishment manufacturing essential commodities, all employees are expected to be available at the same place where the company functions. If any employee is stranded in a red zone or locked-down area, it is up to them to reach the place of work. If they do not report to work due to the lockdown, the employer cannot be forced to pay their salary.
Disciplinary Actions for Non-Compliance
If the employees who stay at the place of work refuse to come to work despite arranging a cab, very strict disciplinary action should be taken against such employees. They cannot argue that others are not reporting and therefore they should also stay at home. Nobody should be allowed to take advantage of the lockdown.
Remuneration and Mutual Arrangements
If a colleague cannot come to work, how can a genuine employee ask for extra remuneration? My factory is working at 50% capacity due to the need to achieve social distancing policies. However, many of us come to the office every day because some are stranded in red zones, and we cannot call them. To make up for it, we come on a daily basis. It is a mutual arrangement. How can I demand any additional remuneration? One should remember that all this happened not due to the employer, but due to reasons beyond our control. In such a scenario, we should help each other.
From India, Kannur
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Legally, an employee is supposed to be at the headquarters. In the case of an establishment manufacturing essential commodities, all employees are expected to be available at the same place where the company functions. If any employee is stranded in a red zone or locked-down area, it is up to them to reach the place of work. If they do not report to work due to the lockdown, the employer cannot be forced to pay their salary.
Disciplinary Actions for Non-Compliance
If the employees who stay at the place of work refuse to come to work despite arranging a cab, very strict disciplinary action should be taken against such employees. They cannot argue that others are not reporting and therefore they should also stay at home. Nobody should be allowed to take advantage of the lockdown.
Remuneration and Mutual Arrangements
If a colleague cannot come to work, how can a genuine employee ask for extra remuneration? My factory is working at 50% capacity due to the need to achieve social distancing policies. However, many of us come to the office every day because some are stranded in red zones, and we cannot call them. To make up for it, we come on a daily basis. It is a mutual arrangement. How can I demand any additional remuneration? One should remember that all this happened not due to the employer, but due to reasons beyond our control. In such a scenario, we should help each other.
From India, Kannur
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According to the Central government, an order was issued stating that the salaries of contract workers associated with its offices will not be deducted if they were compelled to stay at home during the coronavirus pandemic. Some employers are going the extra mile by rewarding their onsite staff, providing business updates, and some are also promising necessary steps to safeguard them as Covid-19 has an impact on the employer as well in terms of business. Read more - https://rplg.co/455dda90
From India, Bengaluru
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From India, Bengaluru
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Some important Employment and labour law notifications during Covid 19 lockdown - consolidated b.pdf