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Force LWP in LOCKDOWN
4 years ago
I'm an employee of IT company, I'm working in this company for last 4 years. Yesterday I along with many of my colleagues received a HR mail stating we all will not get paid from April 17th 2020 till further notice. Previously on 4th April we already had a mail from CEO that salary cuts will implement from coming moths salary, but yesterday the force LWP mail imposed on us. I want to know the legal options we had against this because as per the MHA order released on 29th March no employer can terminate or cut wages from employees during the lock-down period.
Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
I hope you are doing good. In ordinary scenarios, the company has the right to LWP or 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.
So, let's wait for further clear direction but as of today they may face legal consequences for LWP.
I hope you are doing good. In ordinary scenarios, the company has the right to LWP or 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.
So, let's wait for further clear direction but as of today they may face legal consequences for LWP.
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A.Dear Sir,
Nothing to worry. They cannot go against the govt. orders. Please see the following.
========================================================
Please give me Rank 5
=======================================================
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
====================================================
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
Nothing to worry. They cannot go against the govt. orders. Please see the following.
========================================================
Please give me Rank 5
=======================================================
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
====================================================
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
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