Kindly help me out with this. My company has imposed mandatory unpaid leave from April to June (quarter) due to Covid-19. The biggest problem is how can I support my family during this time. Can I take any legal action against the company? Please advise, as it has already been 15 days since this decision was implemented.
From India, Delhi
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nathrao
3251

Country is going through tough times. Companies are also under stress. Non-payment is indeed a serious matter, but if you look at it practically, employers may really not be having cash. Try and discuss with the company, as going to court may not produce any timely effect. It is always safe to keep at least 6 months living expenses in an FD with a PSU bank only. Legally, the directive to pay for the locked down period may not stand in a court of law.
From India, Pune
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Aks17
131

Hi,

As rightly mentioned by our learned friend, do not do anything that may further jeopardize your position in the company. This is a temporary phase where your health and that of your near and dear ones are more important than anything else. What sort of action would you take at this time? Any legal action is bound to take more time than talking it over or tiding over the crisis. Have some patience and ensure that you get your job back at the earliest possible time before contemplating anything that is time and money-consuming.

Thanks and Regards

From India, Hyderabad
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Dear Rishab,

In my opinion, as per recent government guidelines, it is mandatory for the company to pay the salaries of the employees. The government has issued directions under the Disaster Management Act only for the period of lockdown. Hence, if a suit is initiated against the company, it will stand in the court of law.

However, you have to look at the long-term prospects with the company. With a perceived recession in the economy, the company will be rationalizing staff in the near future. The general trend in most corporates is that there is a mutual reduction in salary taken up by the managerial category. Therefore, initiate an unofficial discussion first with the company for some pay cut, say 50%, and if agreed, only then communicate the acceptance formally.

Regards


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