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 employees to work on weekly holidays, that is on Saturday and Sunday, and on government holidays to compensate for the leaves during the lockdown, can the management do the same?
Thirdly, if the company provides 50% salary to the employees during the lockdown period and continues to provide the same amount of salary after reopening, can the employees ask for their full salary? Please guide me on legal norms and clauses.
Please help me, sir.
From India, Ahmedabad
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Secondly, if management wants to force employees to work on weekly holidays, that is on Saturday and Sunday, and on government holidays to compensate for the leaves during the lockdown, can the management do the same?
Thirdly, if the company provides 50% salary to the employees during the lockdown period and continues to provide the same amount of salary after reopening, can the employees ask for their full salary? Please guide me on legal norms and clauses.
Please help me, sir.
From India, Ahmedabad
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Hi Nanditadas,
1st & 2nd: Not ethical. But issues should be discussed and agreed to mutually with a view to help each other parties.
3rd: Even the SC advised employers and employees to negotiate with mutual concern for an amicable settlement. I suggest employees may maintain peace and wait for a few more months by the time the firm's operations regain returning healthy finances.
From India, Bangalore
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12731st & 2nd: Not ethical. But issues should be discussed and agreed to mutually with a view to help each other parties.
3rd: Even the SC advised employers and employees to negotiate with mutual concern for an amicable settlement. I suggest employees may maintain peace and wait for a few more months by the time the firm's operations regain returning healthy finances.
From India, Bangalore
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Dear Nandita,
The prevailing lockdown, 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 worldwide lockdown 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 lockdown 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 there are 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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The prevailing lockdown, 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 worldwide lockdown 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 lockdown 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 there are 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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Karnataka Leave.xlsx
LEAVE APPLICATION.doc