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Quarantine leave, temp. dismissals, during pandemic may next employment contracts clauses in future

Quarantine leaves, furloughs, or a temporary dismissal from work, were relatively unknown in India.  There are no such terms of employment exist in Indian In dustries.


The  situation  of pandemic followed by national lock down, no one envisaged. So no employment contract had any provisions around terminations when it came to situations such as this.


Now, employment policies in post-covid India are expected to include temporary suspension clauses, newer concepts around leaves, as well as policies governing work from home, Experts feel.


 Normally all employees including blue collar had three kinds of leaves—annual or privilege leave, casual leave and sick leave. Quarantine leave is the fourth category coming up in light of the covid-19 pandemic, which may be introduced in near future. It can be paid tpo some extent  and unpaid also  depending upon the category of employee.


Work from home, and the prospects of employers adopting it on a large scale, raises many legal complications. While companies can save  some fixed costs, protecting confidentiality is a worrying point.  Possiblythere would be new policies controlling IT and IT assets, besides personal devices. Breaches of confidentially have criminal liability implications which is to made known and agreed to the employee.


 Other implication in  adopting Working from home  would be salary on hourly basis or how to deal overtime payment aspect.Overtime is regulated by state-specific laws. It will be a difficult task for companies to ascertain how overtime is to be  accounted for and monitored while an employee works from home. The wage bill implications could be huge since over-time calculations for non-managerial positions could be immense, given the numbers involved


Meanwhile, some  Organisations  are already working on newer compensation structures—increasing the proportion of variable pay vis-a-vis fixed pay.  Until now this higher variable pay concept has been limited to upper category of employees/managers. Now it is being considered for other categories also.