Our one employee has resigned after restarting of business activities post lockdown. His service tenure was 4.9 months before lockdown. On the date of resignation he has completed five years. Now would he be entitled to gratuity?
Yes! He will be entitled to gratuity since he has completed five of continuous service in your organization. Do not get confused with lock down period of no working. It will be deemed as on duty days as per govt. order. Employee will be entitled to all benefits on this period till 17.5.2020 when this order is withdrawn.
When work from home is becoming popular, pl. clarify whether my home will be deemed as workplace and can late night calls of boss discussing sexuality under the guise of knowing work progress and other similar virtual acts be deemed as sexual harassment?
Section 2(o) of the Act defines workplace in an inclusive and non-exhaustive manner which under its sub clause (vi) includes a dwelling place or a house. Although, the spirit of the Act refers to the domestic servants and helpers who are employed in a dwelling place or a house when it means that workplace includes a dwelling place or a house. Yet the unprecedented extraordinary times of Corona virus lockdown and on application of literal rule of interpretation, the meaning of workplace shall also encompass work from home under Section 2(o) (vi). Therefore, sexual harassment occurring through online medium while working from home falls under the scope of Prevention of Sexual Harassment at Workplace Act, 2013. The second most pertinent question that is likely to arise is that, since there is no physical element involved while working from home, what are the kinds and forms of sexual harassment that can occur while working from home? The answer to the kinds and forms of sexual harassment that can occur while working from home can be found under section 2(n) of the Act, which is yet another non-exhaustive and inclusive clause defining "sexual harassment". The relevant sub clauses here are sub clause ii, iii, iv and v of section 2(n) which deals with the expressed or implied unwelcome acts or behaviour demanding or requesting sexual favours, making sexually coloured remarks, showing pornography and any other unwelcome verbal or non-verbal conduct of sexual nature, respectively. Therefore, such are the instances of sexual harassment that are covered under the Prevention of Sexual Harassment at Workplace Act, 2013 which one can encounter online while working from home.
If tasks are allotted one day prior to work day through email, & the work done by an employee is 40-60% only. Can we mark absent or half day based on task completed or to mark full day present?
Your terms of employment will indicate about your proposed action. Is he employed on task basis? Has he been paid proportionately earlier also? What is his mode of payment? Finding out these facts will answer your question. If he is present full day, he cannot be marked absent. Yes disciplinary action can be taken against him for negligence and not doing the work as instructed or refusal to work.
After lockdown period, for cost reduction, can a company process Pay cut in percentage for all employees (slab wise)/lay off /LWP for different employees based on work schedule so burden can be diverted for survival of all/Week Off Day addition e.g. Sat & Sun both in place of Sunday only (Saturday with Pay Cut)? How to process legally?
After lock down, in normal working, I.D. Act would be applicable. Sec. 9-A prohibits employer to effect any change in service conditions that affects adversely to workers without giving them 21 days notice. So make out a case, rational proposal, inform affected individually with 21 days notice and implement. If your employment terms indicate that he is hired to work on all week days and five day week is introduced temporarily without any pay cut, then management can withdraw five day week working and start six day working. However, even after this, It may be an industrial dispute. Workers may challenge your pay cuts/restarting six day week. You should be ready with sounding and reasonable facts before the court/industrial tribunal to establish your genuineness and reasonability.
If tasks are allotted one day prior to work day through email, & the work done by an employee is 40-60% only. Can we mark absent or half day based on task completed or to mark full day present?
Your terms of employment will indicate about your proposed action. Is he employed on task basis? Has he been paid proportionately earlier also? What is his mode of payment? Finding out these facts will answer your question. If he is present full day, he cannot be marked absent. Yes disciplinary action can be taken against him for negligence and not doing the work as instructed or refusal to work.
After lockdown period, for cost reduction, can a company process Pay cut in percentage for all employees (slab wise)/lay off /LWP for different employees based on work schedule so burden can be diverted for survival of all/Week Off Day addition e.g. Sat & Sun both in place of Sunday only (Saturday with Pay Cut)? How to process legally?
After lock down, in normal working, I.D. Act would be applicable. Sec. 9-A prohibits employer to effect any change in service conditions that affects adversely to workers without giving them 21 days notice. So make out a case, rational proposal, inform affected individually with 21 days notice and implement. If your employment terms indicate that he is hired to work on all week days and five day week is introduced temporarily without any pay cut, then management can withdraw five day week working and start six day working. However, even after this, It may be an industrial dispute. Workers may challenge your pay cuts/restarting six day week. You should be ready with sounding and reasonable facts before the court/industrial tribunal to establish your genuineness and reasonability.
Our one employee has resigned after restarting of business activities post lockdown. His service tenure was 4.9 months before lockdown. On the date of resignation he has completed five years. Now would he be entitled to gratuity?
Yes! He will be entitled to gratuity since he has completed five of continuous service in your organization. Do not get confused with lock down period of no working. It will be deemed as on duty days as per govt. order. Employee will be entitled to all benefits on this period till 17.5.2020 when this order is withdrawn.
When work from home is becoming popular, pl. clarify whether my home will be deemed as workplace and can late night calls of boss discussing sexuality under the guise of knowing work progress and other similar virtual acts be deemed as sexual harassment?
Section 2(o) of the Act defines workplace in an inclusive and non-exhaustive manner which under its sub clause (vi) includes a dwelling place or a house. Although, the spirit of the Act refers to the domestic servants and helpers who are employed in a dwelling place or a house when it means that workplace includes a dwelling place or a house. Yet the unprecedented extraordinary times of Corona virus lockdown and on application of literal rule of interpretation, the meaning of workplace shall also encompass work from home under Section 2(o) (vi). Therefore, sexual harassment occurring through online medium while working from home falls under the scope of Prevention of Sexual Harassment at Workplace Act, 2013. The second most pertinent question that is likely to arise is that, since there is no physical element involved while working from home, what are the kinds and forms of sexual harassment that can occur while working from home? The answer to the kinds and forms of sexual harassment that can occur while working from home can be found under section 2(n) of the Act, which is yet another non-exhaustive and inclusive clause defining "sexual harassment". The relevant sub clauses here are sub clause ii, iii, iv and v of section 2(n) which deals with the expressed or implied unwelcome acts or behaviour demanding or requesting sexual favours, making sexually coloured remarks, showing pornography and any other unwelcome verbal or non-verbal conduct of sexual nature, respectively. Therefore, such are the instances of sexual harassment that are covered under the Prevention of Sexual Harassment at Workplace Act, 2013 which one can encounter online while working from home.