Travelling allowance per se is an allowance fixed for a month as part of their salary. In case an employee is absent without leave, naturally, his LOP will be based on a salary including this component. But traveling expenses reimbursement is not part of the salary, and such components can be withdrawn during a non-functioning period.
Still, we can counter that traveling or conveyance allowance is an allowance paid to the employee to enable him to commute to the workplace from his residence. Therefore, it is not payable if he has not come to work due to a lockdown.
From India, Kannur
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4479Still, we can counter that traveling or conveyance allowance is an allowance paid to the employee to enable him to commute to the workplace from his residence. Therefore, it is not payable if he has not come to work due to a lockdown.
From India, Kannur
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If an employee has been given the option to work from home and has not complied with the directive, no salary needs to be paid to that employee. They should be marked as absent. Moreover, disciplinary action should also be taken against the employee for insubordination.
The lockdown should not be taken advantage of. The government's instruction is that factories or offices should remain closed, and there is nothing wrong with asking employees to work from home.
From India, Kannur
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The lockdown should not be taken advantage of. The government's instruction is that factories or offices should remain closed, and there is nothing wrong with asking employees to work from home.
From India, Kannur
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Dear All,
My company is pressurizing to us for putting the resignation in this lockdown period. When I denying they told report to office anyhow because they know I’m living in Noida an my office is in Gurgaon and it is not possible to me as Police are not allowing to movement in both of Border’s without movement pass and also they are not issuing a movement pass for the same. May be they will declare absconder. Kindly suggest what to do and whom to approach. I’m working in this organisation last 8.5 years. Can I file a complaint in Police station or CM window or MHA? Please advice
From India, Delhi
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My company is pressurizing to us for putting the resignation in this lockdown period. When I denying they told report to office anyhow because they know I’m living in Noida an my office is in Gurgaon and it is not possible to me as Police are not allowing to movement in both of Border’s without movement pass and also they are not issuing a movement pass for the same. May be they will declare absconder. Kindly suggest what to do and whom to approach. I’m working in this organisation last 8.5 years. Can I file a complaint in Police station or CM window or MHA? Please advice
From India, Delhi
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This is not an isolated case, but there are a lot of cases similar to yours. When the entire region is in the red zone, how could your company alone open? If opened, they cannot expect an employee staying in a containment area to report to duty. Therefore, you should escalate the issue to the concerned department and get a pass for movement.
During the lockdown period, the company cannot insist that employees remain in the headquarters. COVID-19 lockdown should be treated as a special case. If an employee leaves the HQ to stay at home, which is away from the place of work, you cannot blame the employee or ask them to be in the HQ and available in the office on call. Therefore, legally, the company cannot declare you as absconding. If they terminate you, claiming that you failed to report to the office, take the matter to the appropriate authorities. It is evident that the company is trying to avoid trouble by terminating employees, which is why they are suggesting that you resign. If you resign, you will lose your lien; therefore, don't do that.
From India, Kannur
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During the lockdown period, the company cannot insist that employees remain in the headquarters. COVID-19 lockdown should be treated as a special case. If an employee leaves the HQ to stay at home, which is away from the place of work, you cannot blame the employee or ask them to be in the HQ and available in the office on call. Therefore, legally, the company cannot declare you as absconding. If they terminate you, claiming that you failed to report to the office, take the matter to the appropriate authorities. It is evident that the company is trying to avoid trouble by terminating employees, which is why they are suggesting that you resign. If you resign, you will lose your lien; therefore, don't do that.
From India, Kannur
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Issuing notices to employees who are not attending office in pharmaceutical company is justifiable ?
From India, Noida
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From India, Noida
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Hello,
My employer has deducted 60% of the salary of all employees. (Please find the enclosed HR email for your reference.)
We are currently working on an After Sales Service Project. My engineers have to visit customer homes for TV installation and repairs at the doorstep. Sometimes, customers also visit our service center. Therefore, working from home is not applicable for them during this period.
Only the manager or the person in charge (PIC) can work from home as they need to respond to emails and customer calls.
Is it legal to deduct 60% of the salary in this situation?
From India, Guntur
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My employer has deducted 60% of the salary of all employees. (Please find the enclosed HR email for your reference.)
We are currently working on an After Sales Service Project. My engineers have to visit customer homes for TV installation and repairs at the doorstep. Sometimes, customers also visit our service center. Therefore, working from home is not applicable for them during this period.
Only the manager or the person in charge (PIC) can work from home as they need to respond to emails and customer calls.
Is it legal to deduct 60% of the salary in this situation?
From India, Guntur
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Respected All Seniors and Peers,
Can anyone share a copy of guidelines/notifications (if any) regarding the payment of wages/salaries to its employees (especially contractual employees) during the lockdown period? I would appreciate it if the same could be sent to me at my email address satinderpalsingh@unitedgroupmail.com.
Regards,
From India, Chandigarh
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Can anyone share a copy of guidelines/notifications (if any) regarding the payment of wages/salaries to its employees (especially contractual employees) during the lockdown period? I would appreciate it if the same could be sent to me at my email address satinderpalsingh@unitedgroupmail.com.
Regards,
From India, Chandigarh
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The government has issued orders to pay full wages to all employees, including contract workers and casual workers. This has been challenged by various employers in the courts. The court verdict is yet to come.
Reducing salary is not an appropriate action of the employer, but without any revenue to come, how can an employer pay full salaries? Everybody is interested in getting a full salary without considering the sources of funds. This is a situation that we have never faced in the past. Therefore, if you are asked to work with a lesser salary, the only option available is to leave the present company and join another company. But do you think that you will get a job? Every company is suffering from overstaffing, and in this scenario, do you think that you will get a salary at par with what you were getting prior to the lockdown?
From India, Kannur
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Reducing salary is not an appropriate action of the employer, but without any revenue to come, how can an employer pay full salaries? Everybody is interested in getting a full salary without considering the sources of funds. This is a situation that we have never faced in the past. Therefore, if you are asked to work with a lesser salary, the only option available is to leave the present company and join another company. But do you think that you will get a job? Every company is suffering from overstaffing, and in this scenario, do you think that you will get a salary at par with what you were getting prior to the lockdown?
From India, Kannur
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Dear Sir,
That is a good decision by the Supreme Court, and we support it. However, is it necessary to pay PF contributions for employees because we have decided not to deduct EPF contributions of 12% from employees' salaries, and full salaries shall be paid to them for the lockdown period.
Can we file a nil return for EPF for the month of April 2020 because our company didn't qualify under PMGKY, as 90%+ of our staff's salaries are above 15,000?
The PF contribution (15,000 x 90) * 24% + admin charges is an unbearable expense in this period with no source of income.
Please help in this matter.
Thanks in advance.
From India, Bhubaneswar
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That is a good decision by the Supreme Court, and we support it. However, is it necessary to pay PF contributions for employees because we have decided not to deduct EPF contributions of 12% from employees' salaries, and full salaries shall be paid to them for the lockdown period.
Can we file a nil return for EPF for the month of April 2020 because our company didn't qualify under PMGKY, as 90%+ of our staff's salaries are above 15,000?
The PF contribution (15,000 x 90) * 24% + admin charges is an unbearable expense in this period with no source of income.
Please help in this matter.
Thanks in advance.
From India, Bhubaneswar
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If you do not qualify for the so-called benefit announced by the government, why didn't you deduct employees' share of the contribution? If employees have been paid full salaries, why don't you deduct employees' share? The announcement of bearing employees' share itself was wrong because PF accrues only when salary is paid. When an employee receives his salary, he can certainly pay his share of the contribution as well. It is okay if the government is bearing the employer's share of the contribution because when the employer is in trouble and amidst if he has to pay salary as well as statutory contribution, it will lead to further losses for him. But bearing the employees' share is meaningless just because PF becomes payable only when he receives his salary.
Therefore, you cannot file a Nil return nor can you abstain from paying contributions. If you do so, it will attract penal actions. Obviously, you can utilize the grace period given by the EPFO.
From India, Kannur
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Therefore, you cannot file a Nil return nor can you abstain from paying contributions. If you do so, it will attract penal actions. Obviously, you can utilize the grace period given by the EPFO.
From India, Kannur
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