• Are the govt, semi govt employees with multiple comorbidity, needs to attend duty. If not absent?

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]
Asked 4 years ago in Labour

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17 Answers

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 

Ajay Sethi
Advocate, Mumbai
94903 Answers
7570 Consultations

5.0 on 5.0

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.

 

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

If inspite of being directed to report on duty you fail to do so you can be marked as absent 

Ajay Sethi
Advocate, Mumbai
94903 Answers
7570 Consultations

5.0 on 5.0

There are provisions for leaves in such conditions. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

In your representation rely upon govt directives that persons from multiple co morbidity should stay at home 

 

your Salary should not be deducted 

Ajay Sethi
Advocate, Mumbai
94903 Answers
7570 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
85104 Answers
2215 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85104 Answers
2215 Consultations

5.0 on 5.0

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

 

T Kalaiselvan
Advocate, Vellore
85104 Answers
2215 Consultations

5.0 on 5.0

Yes it's important to attend duty for essential services as per govt guidelines

Prashant Nayak
Advocate, Mumbai
32051 Answers
183 Consultations

4.1 on 5.0

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. 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

They can mark you absent as in many states employees were called on alternative days irrespective of age.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Well if the directives were such in WB then a case is made out.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

- 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. 

 

Mohammed Shahzad
Advocate, Delhi
13335 Answers
199 Consultations

5.0 on 5.0

you have to act.. as per your department guidelines. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No as per ICMR guidelines govt or semi govt employee with multiple co morbidity doesn't have to attend the office during pandemic situation.

They can be treated as absent if they doesnt claim their leaves for this period. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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