7 April, 2020
We hope everything is well and you are keeping safe!
With the increasing number of novel coronavirus cases in India, the Central Government and various State Governments are issuing notifications, passing regulations, guidelines etc. from time to time. Since our previous update, there have been important developments. We have set out the key takeaways below, as on April 2, 2020 till 6 pm (IST):
A. Ministry of Home Affairs warns penal action for violation of the lockdown guidelines:
The Home Secretary has through a letter dated April 2, 2020 to the Chief Secretaries of all States sought strict compliance with the nationwide lockdown measures. It has been emphasized that strict action must be taken by the authorities against violators of the lockdown. Please see the consolidated guidelines, the first and secondclarifications issued with respect to the nationwide lockdown and the third addendum issued in this regard.
B. State wise updates:
1. Maharashtra:
The Industries, Energy and Labour Department of Maharashtra has via an order dated March 31, 2020 issued a directive to all private establishments, factories, companies, shops (except essential services) etc. stating that all workers including contract and outsourced workers, temporary workers, and daily wage workers, who are forced to stay home/quarantined due to the lock down are presumed to be on duty. Employers have been directed to ensure that such workers are paid their entire wages and allowances.
2. Haryana:
The Government of Haryana vide letter dated March 29, 2020, has adopted the guidelines issued by the Ministry of Home Affairs with respect to mitigation of economic hardships of migrant workers including payment of wages to workers.
3. Uttar Pradesh:
The Government of Uttar Pradesh, vide letter dated March 29, 2020, has issued certain measures to contain the spread of Covid-19 in the state:
(i) Grant of passes to all the employees/workers engaged in providing essential services;
(ii) Maintenance of strict social distancing measures, as prescribed;
(iii) Provision of adequate arrangements and food for all the employees/workers engaged in such services;
(iv) Advise to the owners/employers of factories to not remove migrant workers; and
(v) To ensure safety of all measures, it is encouraged to provide leave with wages;
4. Telangana:
(i) The Government of Telangana (“GoT”) through its notification dated March 28, 2020, has declared paid holidays to all categories of employees/workers employed in factories, which were forced to shut their operations due to the lockdown orders issued earlier in light of the Covid-19 pandemic.
(ii) In light of the lockdown due to Covid-19, the GoT has on March 30, 2020, notified certain relief measures for the migrant workers such as provision of ration and money to enable the migrant workers to take care of their requirements and provision of cooked food and other basic facilities such as shelter, water and medical care.
(iii) In view of the nationwide lockdown, the GoT vide notification dated March 30, 2020, has issued orders for extension of the lockdown period in the state of Telangana up to April 14, 2020.
5. Karnataka:
The Government of Karnataka has on March 31, 2020 extended the lockdown period in the State up to 00:00 hours of April 14, 2020. All establishments engaged in providing essential goods and services are exempted from this notification and all other conditions mentioned in the pervious orders issued with respect to lockdown remain unaltered and in force.
6. West Bengal:
The Government of West Bengal has on March 29, 2020 issued additional directions in compliance with orders relating to the nationwide lockdown and migrant workers. These directions, inter alia, state that:
(i) All employers including in industry, shops, commercial establishments are to make wage payments to their workers on the due date, without any deduction for the period their establishment was closed due to the lockdown; and
(ii) Landlords of the properties where workers including migrant workers are living on rent are to not ask for rent for a period of one month.
7. Guidelines issued by States on Termination and Payment of Wages:
The Governments of Haryana, Gujarat, Uttar Pradesh, Telangana, and Karnataka are few of the States that have issued advisories/orders to employers to refrain from terminating their employees/workers and reducing their wages.
We are continuing to track this and will keep you updated.
Please see here for our dedicated COVID – 19 legal resource page.
We have also updated our FAQs for employers on coping with COVID-19, from an employment law perspective. Please see here.
We wish you all good health!
For further information, please contact:
Zia Mody, Partner, AZB & Partners
zia.mody@azbpartners.com
