Dear All,

We are a pharma and cosmetic manufacturer in Uttarakhand, manufacturing Hand Sanitizer and Personal Hygiene items with state government permissions. Hand Sanitizer is an essential commodity during the current COVID-19 scenario. We have informed our staff and workers as per the plan to attend their respective duties, but most of them are not responding or attending.

The attached office order from the Labour Commissioner clearly states that all workforce required for essential commodities production are not covered under the appeal for wages without work.

What is your opinion? Can we deduct the wages of non-attending staff/workers? Is any pre-intimation required for individuals or the department?

Please advise.

Regards,
Kuldeep Verma

From India, Calicut
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File Type: jpeg Labour commissioner order.jpeg (141.8 KB, 165 views)
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File Type: pdf GO.pdf (770.1 KB, 237 views)

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Dear Kuldeep,

Of course, the employer is empowered to deduct wages on the basis of the "No work-No wages" doctrine. But, he has to be somewhat considerate, realizing the contagious nature of the prevailing virus and the restrictions imposed by the lockdown on the movement of people. It is important that all the preventive and safety measures are kept in place inside the manufacturing facility against the possible spread of the virus and proper arrangements for food and shelter, etc. In spite of such facilities extended by the management, if anyone does not come to work except for the reason of Covid-19 infection to either self or any member of his/her family, the employer can deduct wages treating the entire period of absence as unauthorized.

The call to work should also contain this information.

From India, Salem
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Dear Kuldeep, You only pay for the period of attendance. You also call for explanation for not coming to duty.
From India, Mumbai
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GoI’s circular issued w.r.t. attendance in work places during May 20 is attached for info & guidance.
From India, Bangalore
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File Type: pdf GoI-COVID Notification for attendance recording fm 18.5.20.pdf (589.7 KB, 430 views)

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