In such circumstances you can only work to your capacity not their work. They cant be forced now to work due to travelling restrictions but they can be issued notices that they need to report as and when the transportation starts
Forced to go to work in Corona lockdown
Dear Kanoon team, I work in an IT company in mumbai. After 20 April government has allowed IT companies to operate at 50% strength, so I am asked to come of office. Now the problem is out of 5 members in my team, 3 are out of district/state. Before the lockdown HR has strictly told that work from home is only allowed from Pune and not hometown. Even then they left for their hometown. This act is against the hr policy. Now as inter district/state movement of people is not allowed. Only us 2 who are pune are forced to go to office everyday. Please suggest what can we do here, does complaining to the HR about other 3 team members will help? Can the company force daily attendance for us 2 people only. We all 5 people are having same roles and responsibilities. If we deny stating other team members should attend office as well, can company take any action against us.
Asked 5 years ago in Labour
27 Answers
Hello,
Sadly few companies are not following rules. Suggest you to file a complaint against the company.
Hope this helps.
Regards
Whatever you are thinking is not in your hand. Those who are not in town, company can act agasint them accordingly but no benefit to you. Company can deduct their payment for no services provided by them when work from home facility was available. And Company only directed to work from pune but not said, outsiders will not go to their home town.
No option except to attend office.
1. See company is operating as per government guidelines for same no action on company can be taken.
2. About the 3 employees who are at he town company is free to take action against them though for same company policy and company issued rules for work from home has to be referred.
3. If your team is not available you can inform the company they shall work way out of same.
Circumstaces desire you attend the office and do your job. Company can not force to come to those who are out of station as of now.
- The Ministry of Labour and Employment, Government of India, has asked both private and public organizations to not terminate jobs on the pretext of the prevailing conditions of corona-virus.
- Further the employers are directed to support their employees and workers, and further , if any worker takes leave, he should be deemed to be on duty without any consequential deduction in wages for this period.
- Hence, the act of your company HR is against the law and direction of the government of India, and liable to be . booked under the
1. Section 188 IPC:- Violation of order promulgated by Govt. which is Cognizable, Bailable.
2. Section 269 IPC- Negligently doing any act known to be likely to spread infection of any disease dangerous to life Imprisonment for 6 months or fine, or both , which is Cognizable, Bailable.
3. Section 270 IPC- Malignantly doing any act known to be likely to spread infection of any disease dangerous to life Imprisonment for 2 years, or fine, or both, which is Cognizable, Bailable.
4. Section 271 IPC- Knowingly disobeying any quarantine rule Imprisonment for 6 months, or fine, or both . which is non-cognizable.-
Hence, even you not reported to work after informing the situation of lockdown , then the HR cannot take any legal action as well.
- Further, on the complaint of any employee , the employer can be booked under the above provisions of IPC. Good luck and dont forget to rating Positively.
If you deny company may take disciplinary action against you
2) you may lose your job
3) it is in your interest to go to office
4) don’t complain against team members
On the first line, autocorrect mistake it is mumbai. It's pune only. What's written in the HR policy: 1. Work from home is allowed but employee should stay in pune only and not out station. 2. When required, employees will need to visit the office. These 3 employees violated rule 1 of hr policy. They didn't inform anyone until now. Since we are critical operation team, we need 24 hours coverage. How can the company tell 2 persons to work overtime daily to compensate for others absense. As these people knew the nature of the job, they should have acted more responsible and stayed in city limits. We need expert suggestions here.
Asked 5 years ago
Yrs you can file complaint against them to HR but it will not ease your problems. Company can't legally force you to work for them in same salary. You deserve overtime if you consent to additional work
If they have violated HR policy company would take disciplinary action against the employees
their services May be terminated by management
you can verbally drawn attention of management to said violation by 3 employees
You can raise your genuine objection to violation of rule by some employees, not by avoiding your duties but by carrying out your duties first.
Due to force majeur, HR policy is not binding.
And company can act agasint them. Uou cannot be benefited for their wrong.
But entitlel to over pay or compensation for work laod of 3 more employees.
- As per Factories Act and State Factories Rules Working overtime in India is a voluntary Act.
- The employer cannot force its employee to work overtime , and further the employer cannot take disciplinary action on refusal.
- Further , for the violation of rule by 3 employees , the employer cannot make you scapegoat.
- AND further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Hence, you are not bound by the terms of HR policy , and they cannot take any legal actions against you people on the ground of staying in the same city.
the HR cannot force you to daily come to the office when the other members are not acting responsibly. Ask your HR to increase your pay and take strict action against them.
They cannot tax you for the mistakes committed by others. Make this clear to the company and demand adequate compensation for working overtime.
hi
You are your duty bound. So will have to work after 20th April.
You can send a formal protest against those 3 to the higher authorities of the company.
whether the other employees, who are presently not in PUNE, left at their own wish or they stuck somewhere?
like, suppose if employee A had gone to his native place taking leave on 1 March and couldn't come due to the LOCKDOWN/COVID19, then he/she cannot be blamed since the things are out of control for him/her, but if any of them had left the PUNE after lockdown, which is not possible in the present circumstances, the company can take legal action, but you cannot take shed of their helplessness/excuse.
since you are at PUNE, therefore, you are legally resp[onsible to join the duty, however, you can demand leave or work from home option on a rotation basis
Hi
First and foremost, not sure whether you will be allowed to commute from Pune to Mumbai given the fact that both Pune and mumbai are in Red zone (containment) and as such you should check with your nearest police station and try to get an e-pass for commuting from pune to mumbai.
In case, you fail to obtain an e-pass, you can inform the same to your Office and take permission for work from home.
You may also apply for epass online at https://covid19.mhpolice.in/
Complaining to HR about other employees not abiding HR policies is NOT advisable in the present situation and it is advisable that good relations are maintained with Management and HR.
Instead offer to work from home , on account of non issue of e-pass.
Hope this information helps.
Dear Sir,
The MNC companies if not co-operating with the employees convenience then they can approach the Labor Inspector of the Area through Labor Commissioner under section 12 of the Industrial Disputes Act under which the labor dept has vast powers.
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Section 12 in The Industrial Disputes Act, 1947
- Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Employment Lawsfor Multinational Companies in India
- Government-Mandated Employee Monitoring and Dispute-Resolution Bodies Under various pieces of labour legislation, the government is required to create administrative networks in all units employing more than 50 employees, to oversee the implementation of workplace benefits and ensure the representation of employee interests. These networks exist simultaneously with the trade unions. An employee may file his or her grievance either through the union or through any network that exists in the workplace (although, as noted above, normally the union takes up matters of common interest to groups of employees and the grievance cell represents single employees with individual grievances). Administrative networks can be created through the following: advisory councils;· advisors, officers, inspectors, etc., appointed under various labour laws;· medical benefit councils and medical officers;· welfare committees and officers;·
Pay boards; conciliation committees and officers;· grievance cells;· workers’ committees; or· consultation committees.· Individuals acting as representatives of employees under the various “welfare mechanisms” listed above have a wide range of powers. These individuals should not be confused with government inspectors and officers affiliated with the Ministry of Labour, who are employed and paid by the appropriate government to implement and enforce the labour laws. In contrast, the welfare officers discussed here are hired and paid by the employer in accordance with rules framed by the government and are essentially semi-official compliance officers, assisting the employer to comply with mandatory welfare and benefit measures established under various labour laws. Although appointed by the employer, these officers are considered government officials charged with proper enforcement of the employee welfare provisions of labour laws. Their duties, qualifications, and conditions of service generally are prescribed by the various state governments, although, as noted above, they are paid by the employer and reviews of their performance are conducted by the employer. Individuals hired by employers under government requirements and acting as representatives of employees have the following powers: they can carry out any inquiry and examination with respect to the interests of the employees;· they can make and implement programs for the benefit of the employees, e.g., provident fund· plans and insurance plans; they can provide for any damages suffered by an employee during the course of employment;· they ensure compliance with provisions of various labour legislation regarding sickness benefits,· maternity benefits, disability benefits, etc.; they are responsible for promoting health programs and measures for the benefit of employees;· they can investigate, or form committees to investigate, complaints filed by employees;· they have the power to call for adoption of proper safety measures;· they can call for, or require medical examination of, employees to check for healthy working· conditions and a healthy environment. As mentioned above, grievance cells are a part of this welfare mechanism for employees. Employees may bring to grievance cells any matter ranging from the employer’s noncompliance with employee welfare provisions to variations in service conditions and health and safety concerns. Because these cells are perceived as helping to solve matters amicably, they are classified as measures for employee welfare and benefit.
1. See you can complaint against them also you deny to work overtime though you cannot deny to work at your given of hours.
1. There will be no benefit served in complaining against the employees who are not in the district.
2. Yes company can force daily attendance because of relief given by govt for working with half strength.
3. Action will depend on the HR policy of your company.
4. You can complain against those three employees but it will only have adverse effect on their career but will not benefit you. It will only give satisfaction to your ego and nothing else.
You should concentrate on your job alone.
What is your concern when the other employees are not attending the duty.
The HR will take care of that issue.
What way the absence of other employees is bothering you.
If you also not able to attend the work then you may express your difficulties and hardships you face due to present crisis and seek exemption.
You do not have any rights to interfere in others business.
If you try such things on others it may be termed as mischief and you will be isolated for this by the employer or HR and may wait for the opportunity to avenge you on this.
If the other employees have not attended the duty even after being instructed then ther employer will take care of that issue.
If you find it difficult to carry out the work without the support of the missing employees, then you can inform the management about this and seek for an alternate releif to solve your hardships.
Thus you can express your difficulties and problems alone and not that you will blame others for your incapability.
The company may even terminate you and employ others who are waiting to be appointed outside, hence better secure your job without trying to do such things to provoke the employer/HR.
You can only ask payment for your overtime and nothing else except in the case where the company is violating the rules of government.
Regards
1. The other employees have returned to their hometown. So your employer will ask those employees who are in Pune to resume work from office. There is nothing illegal in this as long as the number of employees coming to office is not more than 50% of total strength.
2. It is the absolute prerogative of employer to decide which employees will work from office even if there is homogeneity in the role and responsibilities of all employees.
Dear sir/madam,
You are suggested to inform the HR department regarding the activities of the said employees and ask for the your assistance because it is practically impossible to run with 2 employees 24x7. The HR department may not force you to work tirelessly as per ILO guidelines also.
If your employer is asking you to work, then as an
employee you are obliged to comply unless there is a
specific risk to your health and safety. If you have
concerns, raise them with HR or your manager.
If your manager says you must go into work,
unfortunately, there is not much you can do.
It appears that in absence of a few employees, who have left Pune for their hometowns, it has become impossible for the Company to follow the rule of functioning on 50% strength basis(on shift/turns basis). Thus, they have been left in a state that it has become impossible for them to follow this rule in its letter and spirit. Asking you and the other employee to report daily at work and mandating your physical presence at office is not going to be in consonance/in spirit of this Rule. You may oppose/protest/object to come to work daily.
