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Answer:
India: Payment Of Wages During Period Of Lockdown Implemented To Contain COVID-19
Explanation:
Article India, May 2020
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.
Given that labour law statutes such as the Industrial Disputes Act, 1947, Payment of Wages Act, 1937, Contract Labour Act, 1970, Inter-State Migrant Workmen Act, 1979 to name a few govern payment of wages to workers/employees and particularly the provisions of the Industrial Disputes Act, 1947 which explicitly recognizes the right of an employer to lay off an employee and reduce wages to 50% upto a period of 45 days in certain eventualities including a natural calamity (Section 25C and Section 25M), and after 45 days if the layoff continues, no wages is payable, it appears that the Ministry of Labour and Employment has consciously chosen to issue an advisory instead of resorting to a formal order/direction mandating payment of wages during lockdown.
Considering the situation prevailing in the country due to the outbreak of COVID-19, the Central Government through the Ministry of Home Affairs, invoking its power under Section 10 (2) (l) of the Disaster Management Act, 2005 ("DM Act") declared a nationwide lockdown on 24th March, 2020 with effect from 25th March, 2020 till 14th April 2020 in order to contain the spread of COVID-19 from being further transmitted.
While the country was coming to terms with the nationwide lockdown, a huge exodus of migrant laborers trying to reach their hometowns started taking place. Such a mass efflux of laborers increased the risk of spreading the virus which prompted the central government through the Ministry of Home Affairs to issue an order on 29th March, 2020 ("order of 29th March, 2020") in exercise its power under section 10 (2) (l) of the DM Act directing the states and union territories to ensure adequate arrangements of temporary shelter and provision of food for migrant workers who had already moved out / got stranded in such states and union territories amongst other directions.
The order of 29th March 2020, in order to mitigate the economic hardship of the migrant workers also directed the states and union territories to take measures to ensure that all employers, be it in the Industry or shops and commercial establishments, pay wages to their workers without any deductions for the period their establishments are under closure during the lockdown. Consequently, all employers are now required to ensure timely and full payment of wages to their employees/workers even if no work was carried out and no service was rendered by them during the period of lockdown and the establishment was closed. With the same purpose, the order further prohibited landlords from demanding rent from migrant workers living in rented properties.