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Lay off
4 years ago
Hi. Kindly let me know if company can fire everyone in this pandemic situation saying company doesn't have money ?
A.Dear Sir,
If you have searched the internet a little you could have got answer to your question. More so, electronic media, day in and day out saying that employers have no such option. Please go through following circulars to clear doubt.
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https://labour.gov.in/advisories-covid-19
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT
Advisories on COVID-19
S No. Subject Dated
1. Extension Of Return Filing (COVID-19)
2. In this critical time of the coronavirus (COVID-19) epidemic, the Ministry of Labour and Employment advises all public and private employers to support their employees and workers.
20/03/2020
3. Advisory to Secretary , Department of Public Enterprises to the employers on Covid-19 outbreak
20/03/2020
4. Advisory to the Chief Secretaries of States and UTs to ease the hardship being faced by workers due to COVID-19 outbreak
20/03/2020
5. Advisory to secretary, Ministry of Housing and Urban affairs to ease the hardship being faced by workers due to COVID-19 outbreak
20/03/2020
6. Advisory to all Workers and Employers' Organisations on COVID-19
19/03/2020
7. Preventive measures to contain the spread of COVID-19
19/03/2020
If you have searched the internet a little you could have got answer to your question. More so, electronic media, day in and day out saying that employers have no such option. Please go through following circulars to clear doubt.
====================================================
Please give me Rank 5 and Review my Resume and Follow Me.
====================================================
https://labour.gov.in/advisories-covid-19
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT
Advisories on COVID-19
S No. Subject Dated
1. Extension Of Return Filing (COVID-19)
2. In this critical time of the coronavirus (COVID-19) epidemic, the Ministry of Labour and Employment advises all public and private employers to support their employees and workers.
20/03/2020
3. Advisory to Secretary , Department of Public Enterprises to the employers on Covid-19 outbreak
20/03/2020
4. Advisory to the Chief Secretaries of States and UTs to ease the hardship being faced by workers due to COVID-19 outbreak
20/03/2020
5. Advisory to secretary, Ministry of Housing and Urban affairs to ease the hardship being faced by workers due to COVID-19 outbreak
20/03/2020
6. Advisory to all Workers and Employers' Organisations on COVID-19
19/03/2020
7. Preventive measures to contain the spread of COVID-19
19/03/2020
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi Preeti N,
I hope you are doing good. In ordinary scenarios, the company has the right to lay off by following the rules and regulations.
But at the present situation is different than the ordinary, unprecedented and rare unforecastable, as per the directive of the govt. the employers to close/shut their organization and no question of the movement of employees. ( except the exempted one). And the Disaster Management Act (DM) is empowered to make rules and advisory and issued by the Ministry on different dates No employer can withhold or deny any wages or terminate their services and lay off also not permissible. Disobedience of the same, the authorities are empowered to take action under section 186, 188, 267, 270, 271 of IPC Rw 51 and 54 of DM act.
Thanks
I hope you are doing good. In ordinary scenarios, the company has the right to lay off by following the rules and regulations.
But at the present situation is different than the ordinary, unprecedented and rare unforecastable, as per the directive of the govt. the employers to close/shut their organization and no question of the movement of employees. ( except the exempted one). And the Disaster Management Act (DM) is empowered to make rules and advisory and issued by the Ministry on different dates No employer can withhold or deny any wages or terminate their services and lay off also not permissible. Disobedience of the same, the authorities are empowered to take action under section 186, 188, 267, 270, 271 of IPC Rw 51 and 54 of DM act.
Thanks
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Sidhaarth
Responded 4 years ago
A.Prevailing circumstances are force majeure so under prevailing circumstances company cannot retrench any employee. Company is bound to pay salary.
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