As COVID-19 has taken turns in countries and social distancing being the only effective way to control this disease, the Government of India has declared a nationwide lockdown since 24th March, 2020. The advisory issued by the Government of India, all state governments and union territories have implemented lockdown respectively. It is obvious that the Lockdown will come with its own economic consequences in India, the Indian business are also experiencing unprecedented issues including employee related issues.
The discussion focused on issues like:
▪ force majeure
▪ contractual compliance
▪ lay off
▪ work from home
▪ reduction in pay
▪ retrenchment / termination
▪ leave management
▪ Issuance of notices
The Webinar began with a Theme Address by Mr. D N Mitra, Chairperson, Legal Committee, The Bengal Chamber of Commerce and Industry. The session was moderated by Mr. Deb A Mukherjee, President Designate, The Bengal Chamber of Commerce and Industry.
The first topic of discussion was taken up by Mr. Shyamal Sarkar, Sr. Advocate, High Court, Calcutta. He focused on the Validity of the Orders dt. 29.3.2020 issued by Chairman, National Executive Committee and the State of West Bengal under Disaster Management Act. (Which provides that wages should be paid without any deduction during lockdown) and covered issues like reduction in pay, retrenchment, lay off, leave management, Labour Laws regarding deduction of wages, International Scenario. Mr. Somesh Dasgupta, Group President & CCRO, India Power Corporation Limited & Chairperson, People Management Committee, The Bengal Chamber of Commerce and Industry addressed on what are the good practices HR doing in IPCL and various organization during Covid to safeguard the interest of employer and employees? What strategy employers should follow with productivity sustenance and improvement (cost propositions)? Mr. Prabal Kr. Mukherjee, Senior Advocate, High Court, Calcutta highlighted on Employee's rights, wage subsidies and restructures, Engaging the Work-from-Home Employee, What is the legal position of employer with respect to payment of employees of essential services if they are not willing to join their duty? What is the effect if any employer treats Covid19 situation as a lockout? Mr Prakash Panda, Senior Vice President HR, India Power Corporation Limited spoke on what are the strategy for best class and worst class scenario with paying salary and wages, benefits to diff category of employees (managerial, workman and contractual workman) & what are the measures Employer/HR should take in the event of various legal cases filed by employees or union.
Mr. Jayanta Kumar Mitra, Barrister-at-Law, Senior Advocate, High Court, Calcutta and Ex-Advocate General, Government of West Bengal gave a Valedictory Address and shared his view on: 'Force Majeure and Contractual compliances', 'Contract Law Questions: Managing agreements with suppliers and customers' and 'Analyzing employer-employee relationship during COVID-19 situation'.
The session was extremely appreciated by the corporate participants and well attended.