1)submit representation that you should not be marked as absent as you were staying at home as had multiple co morbidity and vulnerable to corona virus
2) if your representation is rejected take legal proceedings for necessary reliefs
Are govt, semi govt employees with defined co morbidity as per lock down order from states and central, required to turn up for duty? If they stays home as advised under protection of vulnerable people clause. Shall they be treated as absent? I am working in a wb govt stu, has multiple co morbidity, stayed home as advised. But treated absent in may 20,salary with held. Is it right? Can they do so? Your advice to me? Nirupam ghosh, [deleted]
1)submit representation that you should not be marked as absent as you were staying at home as had multiple co morbidity and vulnerable to corona virus
2) if your representation is rejected take legal proceedings for necessary reliefs
No its not compulsory to be present on duty if you have medical issue or there is any issue in your area of COVID 19. Then who will be responsible if the medical tests are positive.
As of now you can follow the WB state govt rules and regulations and tell the situation of your area about the Corona flu and how it has been affected in your residence and office area.
Actually what the lock down directives to employees who has co morbidity as defined by LD orders under protection of vulnerable person clause? Nevertheless there can not be any employee, without being a person first? Can they make absent?
Sir. I have multiple co morbidity, insulin dependant diabetic,and heart surgery? As per directives of our state LD orders said " Should stay home" Under protection of vulnerable person. But I was treated absent in may20 and salary held over. Is it right? There can be no employee without being a person? Is it not an in justice to me?
In your representation rely upon govt directives that persons from multiple co morbidity should stay at home
your Salary should not be deducted
If you were advised to stay home by medical authorities, what prevented you from producing the said certificate especially in the current pandemic crisis.
You cannot remain absent from the work place without any valid reason or without permission from the office or without applying for leave.
Even now you can send a letter to reconsider the salary payment on the basis of the medical advise and can request your period of absence as sick leave or leave on medical grounds.
If you are very sure about the said rules then you can challenge the orders by the competent authority by filing a writ petition before high court or an OA before the SAT.
The rules differ from one state to another.
In general, it is not essential for staff with co-morbidity conditions to attend office even for turn duties.
In fact the Govt. staff in containment and buffer zones told not to attend offices.
Therefore you first make a representation to your office about this attaching documentary evidence where ever required and seek to release the salary for the period of absence on this ground.
The outbreak of COVID-19 is a global pandemic and on March 14, 2020 the government of India declared COVID-19 as a "notified disaster". Following this declaration by the central government, several state governments such as Delhi, West Bengal and Maharashtra proceeded to impose a complete lockdown in their states invoking the 123-year-old legislation viz Epidemic Diseases Act, 1897.
In view of the prevailing lockdown imposed by various states, the Ministry of Labour and Employment issued an advisory on 20th March 2020 appealing to all employer's association not to terminate their employees or cut wages of its workers in view of the lockdown. The advisory also stated that all employers of public/private establishments are advised to extend their cooperation by not terminating their employees, particularly casual or contractual workers or reduce their wages. It further stated that if any place of employment is to be made non-operational due to COVID-19, the employees of such unit will be deemed to be on duty.
You can quote the orders of your state government i this regard and request for release of your salary which has been held back
You were having co morbidity but there must have been some rules regarding persons who are aged with your symptoms. They cannot arbitrarily hold your salary.
They can mark you absent as in many states employees were called on alternative days irrespective of age.
As per directives of the Apex Court the question is between employer and employee so approach your employer and try to negotiate, if they don't agree then file an application before the labour department for illegal deductions.
Last decision will be of department who will present or not as per requirement. Person will multiple ailment prone to covid and has been strictly prohibited by govt. to even go out of house. No absent but work from home.
You can recover by approaching court.
- On March 14, 2020 the government of India declared COVID-19 as a "notified disaster". and issued a declaration by the central government, several state governments such as Delhi, West Bengal and Maharashtra proceeded to impose a complete lockdown in their states invoking the 123-year-old legislation viz Epidemic Diseases Act, 1897.
- Further, In view of the prevailing lockdown imposed by various states, the Ministry of Labour and Employment issued an advisory on 20th March 2020 appealing to all employer's association not to terminate their employees or cut wages of its workers in view of the lockdown. The advisory also stated that all employers of public/private establishments are advised to extend their cooperation by not terminating their employees, particularly casual or contractual workers or reduce their wages. It further stated that if any place of employment is to be made non-operational due to COVID-19, the employees of such unit will be deemed to be on duty.
- Hence , during lockdown no employees were directed to turn up for duty , and further as per direction of the government , those periods cannot be count as absence from the duty , and the act of treating you absence and further not paying the salary , is amount to violation of law and the direction of the government of India.
- Further, specially the persons who suffering from any diseases cannot be forced to join the job and punish for the same after cutting his salary.
- You should send a complaint before the departmental head , and may seek explanation for the same , and forward the copy of the same in the office of home ministry as well.