In a hypothetical situation, where a company has been asking the employees to either leave the job or take leaves without pay, due to cost-cutting- who will be held liable for the loss that the employees are suffering which is against their will? This brings into the conditions of infringement of Article 19(1)(g).
A novel concept of law has enshrined with its full wings with the arrival of this virus in India i.e., the compensation for layoff. We would first like to understand the basic definition of layoff- an employer is unable to provide employment to an employee due to a natural calamity or for any other connected reason, then the same would fall within the definition of “layoff.”
Although Article 25-A of The Industrial Dispute Act,1947 has clearly stated that any company that instates the conditions like that of a layoff. This compensation has to be given to the people who have been laid off by the company.
During the pandemic, many companies in India have laid off the employees. One of the major companies is ‘Ola Cab’ – a company that provides a cab at a click of a button. The company has suffered a significant loss in the duration of lockdown. As a repercussion to this, around 13% of the people laid off and were given about 50% of the salary for almost six months. Another instance of ‘the Quint’- an online newspaper company- reported that the employees are forced to take unpaid leave to suffice the company from suffering a loss.
The companies have been laying of the employees or have reduced their salaries. Though, this is reducing their expenditure but there has not been any relaxation to the people in the true sense. For instance, the tenets are given a candy when the government said that there is no need to pay the rent. Subsequently, the Supreme court had passed the verdict that the rent can be delayed but can not be waived off. Relating to this, even after the pandemic the people wont be getting the salary that they haven’t received from the company in arrears. Although, they will have to pay the rent which is due.
This can be interpreted that, though the companies have been saving much money – but it has effected the human race to a greater extent. The growth of the economy can never come at the cost of the rights of the people. They will have to pay the rent even when they are not getting the salaries.
The pandemic has been fruitful for the employers as they can throw an abundance of work upon the employees, which has caused them to be stuck with their laptops and cell phones throughout the day. This has caused them to undergo severe health conditions which are infringing their right to healthy work conditions.
 Gaya Cotton & Jute Mills Ltd. v. Gaya Cotton & Jute Mills Labour Union
 Status of Human Rights in the age of covid https://www.indialegallive.com/special-story/status-of-human-rights-in-the-age-of-covid-19-98488
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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