COVID-19: Judicial Pronouncements | Payment of wages and termination during lockdown
Published on 4th May 2020
The Government of India issued an order on 29 March 2020 directing all employers to pay full salary to employees and workers (both permanent and contract) and prohibiting termination for the duration of the pandemic-driven national lockdown (“Order”). Non-compliance potentially carries legal action under the Disaster Management Act, 2005 (“DMA”) (under which the Order is issued).
The Order has resulted in a number of public interest litigation (“PIL”) filings both challenging the legality and validity of the Order (as well as central ministry and state government advisories in furtherance of the Order, as relevant to the specific petitioner), as well as decrying non-compliance and seeking its enforcement.
Originally published by our relationship firm BTG Legal, the legal adviser to Osborne Clarke’s clients in India, this PDF examines the impact of COVID-19 in India on the payment of wages and termination during lockdown.