Therefore, the various definitions of worker/workman/person employed finds relevance in the context of the term “wages” used in the MHA Order. "Inter-State migrant workman" means any person who is recruited by or through a contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation to such establishment; (s) "workman"  means  any  person  (including  an  apprentice)  employed in  any  industry  to  do  any  manual,  unskilled,  skilled,  technical, operational,  clerical or  supervisory  work  for  hire  or  reward, whether the terms of employment be express or implied, and for  the purposes  of any  proceeding under  this Act  in  relation  to  an  industrial dispute,  includes any  such person who has been dismissed,  discharged or  retrenched in  connection with, or as a consequence of, that dispute,  or whose  dismissal, discharge or retrenchment has led  to that dispute, but does not include any such person--. These revisions showed that 514,000 fewer jobs were added during the year ending in March 2019 than were previously reported. Blumenthal, who has been recognized multiple times as a "Best of the Bar" by the Kansas City Business Journal in labor and employment law, said … Articles on labour market issues 27|2020 Employment Subsidies for Long-Term Welfare Benefits Recipients: Reconciling Programmes’ Goals with Needs of Diverging Population Groups Anton Nivorozhkin, Markus Promberger (2) Without prejudice to the generality of the provisions contained in sub-section (1), the National Executive Committee may— (a) act as the coordinating and monitoring body for disaster management;  (b) prepare the National Plan to be approved by the National Authority;  (c) coordinate and monitor the implementation of the National Policy;  (d) lay down guidelines for preparing disaster management plans by different Ministries or Departments of the Government of India and the State Authorities;  (e) provide necessary technical assistance to the State Governments and the State Authorities for preparing their disaster management plans in accordance with the guidelines laid down by the National Authority;  (f) monitor the implementation of the National Plan and the plans prepared by the Ministries or Departments of the Government of India;  (g) monitor the implementation of the guidelines laid down by the National Authority for integrating of measures for prevention of disasters and mitigation by the Ministries or Departments in their development plans and projects; (h) monitor, coordinate and give directions regarding the mitigation and preparedness measures to be taken by different Ministries or Departments and agencies of the Government;  (i) evaluate the preparedness at all governmental levels for the purpose of responding to any threatening disaster situation or disaster and give directions, where necessary, for enhancing such preparedness; (j) plan and coordinate specialised training programme for disaster management for different levels of officers, employees and voluntary rescue workers;  (k) coordinate response in the event of any threatening disaster situation or disaster;  (l) lay down guidelines for, or give directions to, the concerned Ministries or Departments of the Government of India, the State Governments and the State Authorities regarding measures to be taken by them in response to any threatening disaster situation or disaster;  (m) require any department or agency of the Government to make available to the National Authority or State Authorities such men or material resources as are available with it for the purposes of emergency response, rescue and relief;  (n) advise, assist and coordinate the activities of the Ministries or Departments of the Government of India, State Authorities, statutory bodies, other governmental or non-governmental organisations and others engaged in disaster management;  (o) provide necessary technical assistance or give advice to the State Authorities and District Authorities for carrying out their functions under this Act;  (p) promote general education and awareness in relation to disaster management; and  (q) perform such other functions as the National Authority may require it to perform. The range of issues and possibilities are seemingly endless. In the 38 months since the election, the economy has created at least 100,000 jobs in 34 of those months and has added jobs every single month. From a prima facie reading of this segment of the Order, it has been stated that the said direction would apply to “…all the employers, be it in the industry or in the shops and commercial establishments…” and emphasizes that the said industry or shops or commercial establishment “…shall make payment of wages of their workers at their workplaces, on the due date without any deduction…..” Although the said Order specifies the term “Migrant Workers,” the intent of the Order can be interpreted to include all categories of workers/workman/persons employed across all legislations, as dealt with below. The January reading of the Conference Board Consumer Confidence Index increased to 131.6, a 31 percent increase from the reading the month before President Trump’s election. Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. The primary reason for the slight uptick in January’s unemployment rate was an increase in labor force participation from workers coming off the sidelines to look for work and find jobs. State S&CE Acts, for instance in the States of Tamil Nadu, Kerala, Maharashtra and Karnataka, the Acts exclude application to those persons who are employed in any establishment occupying a position of management, thereby creating a distinct classification of employees covered under the said enactments. A knowingly disobeys the order, and thereby causes danger of riot. National Disaster Response Fund.—(1) The Central Government may, by notification in the Official Gazette, constitute a fund to be called the National Disaster Response Fund for meeting any threatening disaster situation or disaster and there shall be credited thereto— (a) an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf provide;  (b) any grants that may be made by any person or institution for the purpose of disaster management. Further, the Government may also consider providing financial relief for those small and micro companies/entities that are not financially capable of sustaining themselves during these testing times. As far as the applicability of the Maternity Benefit Act, 1961 is concerned, although the term “worker” “workman” or “person employed” has not been defined under the said Act, the MHA Order would still be applicable. Further, considering that the interpretation pertains to issues arising out of a beneficial legislation, namely, labour laws, the term “worker” would need to be understood in its broad connotation and liberal construction. National / Social Issues Nov 19, 2020 Japanese firms begin to reconsider gender question on resumes The practice of identifying gender on resumes through responses and photos is … Get fully informed before taking action! (2) The National Disaster Response Fund shall be made available to the National Executive Committee to be applied towards meeting the expenses for emergency response, relief and rehabilitation in accordance with the guidelines laid down by the Central Government in consultation with the National Authority. 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(ii)  who, being employed in a supervisory capacity, draws wages exceeding five hundred rupees per mensem, or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature. Now Bus. Prior to the Order of the MHA dated 29.03.2020, the Ministry of Labour and Employment had issued a series of letters dated 20.03.2020 & 23.03.2020 in the form of advisories that employers throughout various industries and sectors should not cause reductions of wages or termination of any worker and/or employees during the present COVID crisis. [8] "Inter-State migrant workman" means any person who is recruited by or through a contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation to such establishment; [9] (s) "workman"  means  any  person  (including  an  apprentice)  employed in  any  industry  to  do  any  manual,  unskilled,  skilled,  technical, operational,  clerical or  supervisory  work  for  hire  or  reward, whether the terms of employment be express or implied, and for  the purposes  of any  proceeding under  this Act  in  relation  to  an  industrial dispute,  includes any  such person who has been dismissed,  discharged or  retrenched in  connection with, or as a consequence of, that dispute,  or whose  dismissal, discharge or retrenchment has led  to that dispute, but does not include any such person--, (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act,  1950 (46 of 1950),  or the Navy Act,                 1957 (62 of 1957); or, (ii) who is employed in the police service or as an officer or other employee of a prison; or, (iii)  who is employed   mainly in   a   managerial   or    administrative capacity; or. The following provides a brief overview of the significant employment cases decided this term and provides a preview of the issues on the Court’s 2019-2020 docket. This will achieve, http://csharyana.gov.in/WriteReadData/Notifications%20&%20Orders/COVID-19/10920.pdf, https://www.cnbctv18.com/legal/sc-refuses-relief-to-small-industries-against-mha-order-on-payment-of-full-salaries-5808961.htm/amp, https://timesofindia.indiatimes.com/city/ghaziabad/ghaziabad-cops-to-ensure-migrant-workers-are-paid-arrest-employers-who-violate-guidelines/articleshow/75190044.cms; https://lawstreet.co/crime-police-and-law/employer-arrested-for-asking-workers-to-leave-job/, "workman" means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person-. Mondaq uses cookies on this website. Therefore, the issues to be dealt with during the pandemic by the concerned authorities are squarely governed by this enactment and it thereby empowers the authorities to take appropriate action due to any non-compliance of measures prescribed by the Act and all the Directions, Regulations, Rules formulated thereunder. A has committed the offence defined in this section. However, at the same time, there is also a necessity to ensure protection for these personnel during these tough times while also equally safeguarding and balancing the interests of both the company and the employees. The report’s Establishment Survey finds that the economy added 225,000 jobs in January, crushing market expectations of 158,000 jobs. (b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force; (c) any gratuity payable on the termination of his service. Employment Issues during COVID-19 Crisis: An Analysis of the MHA’s Order. As held in several cases of the Supreme Court, including in the case of, Additionally, it is to be seen whether the said Order can be stated not to have retrospective effect, namely, applicable prior to 29.03.2020. Those without a high school degree and people with disabilities also set record-low unemployment rates last year. Whatever recruitment tactics organizations choose to integrate in 2020, methods will ultimately be at the mercy of the job market and the global economy. This will achieve Pareto Optimal, the greatest good for the greatest number, which will lead to sustainability for the companies and also safeguard the long-term interests of the employees. Hence, the significant terms used in the MHA Order, which are of relevance to this article are that of “wages” and “workers.” Therefore, in this context, the prominent enactments that would need to be considered while interpreting this MHA Order are as follows: The term ‘Worker’ finds its place in the Factories Act, 1948. A has committed the offence defined in this section. Global Finance compares two of the best-known rankings of company size with its own list of the world's Top 10 by market capitalization to provide … Scientific Research Publishing is an academic publisher with more than 200 open access journal in the areas of science, technology and medicine. Monthly change in nonfarm payroll employment in the U.S. November 2020 Number of full-time employees in the U.S. 1990-2019 Number of part-time employees in the U.S. 1990-2019 Thus, in accordance with the maxim of law, lex non cogit ad impossibilia, if it appears that the performance of the formalities prescribed by a statute has been rendered impossible by circumstances over which the persons interested had no control, like the act of God or the King's enemies, these circumstances will be taken as a valid excuse.”, The government’s active interference in the dynamics between employers and employees has been to prevent inequality in bargaining power and to add further value to the beneficial nature of the labour legislations. Even in the most automated industries, people are at the fulcrum and so when contemplating cost-cutting, to stay afloat on such troubled waters, companies find it an inevitable step to cut down on their manpower, either in the form of job cuts or more prevalently, salary / wage reductions. However, if the Government were to provide clarifications and permit reasonable reductions in employee salaries, while continuing the restrictions on termination and non-payment of wages, the companies may not have a need to layoff or terminate any personnel and will most likely be more resilient. We trust and expect that all concerned viz., State Government, Public Authorities and citizens of this country will faithfully comply with the directions, advisories and orders issued by the Union of India in letter and spirit in the interest of Public Safety…”. Laws that may be proposed in 2020 include ones prohibiting appearance discrimination, setting limits on pre-employment drug testing and requiring predictable scheduling. Therefore, considering the above, the term “worker” must necessarily be construed to apply and extend to legislations such as, the ID Act, the respective S&CE Act, amongst others, even if the nomenclatures may differ in those enactments. JOB POST: Contracts Specialist at GEP India, Mumbai: Apply Now! Additionally, Section 2(j). of Taxes v. Onkarmal Nathmal Trust, The government’s active interference in the dynamics between employers and employees has been to prevent inequality in bargaining power and to add further value to the beneficial nature of the labour legislations. However, if such is the case, then by necessary implication, the MHA Order excludes all those classes of “workers” who are not covered under the respective legislations. Hence, interpreting the term “worker” otherwise would not be correct, in the perspective and intent of the Order. The Employment Adjustment Subsidy and New Assistance for Temporary Leave (PDF:260KB) Advance Published on October 12, 2020 (PDF:259KB) HAMAGUCHI Keiichiro Diminished Non-regular Employment, Solid Regular The MHA Order is one such direction that has been given life under this NDM Act. Many employers already have experienced an uptick in related internal complaints or litigation. In this context, the Indian Government has taken the initiative through the recent Ministry of Home Affairs (“MHA”) Order dated 29.03.2020,[1] among other notifications/guidelines issued by other departments, stating that employers are required to pay full wages to all workers, the non-compliance of which would attract penal consequences. Intel., Inc. v. Donahue, C.A. IRS Issues Guidance on SALT Cap Workarounds Gretchen Whalen 12/16/2020 Key insights The Federal Tax Cuts and Jobs Act imposed a $10,000 cap on the deduction for SALT for individual taxpayers. while interpreting the term “Worker” in the context of the MHA Order, it would tantamount to providing a narrow interpretation if the term “worker” were to be only restricted to its reference under the Factories Act, without considering the surrounding phrases in the said Order. The National Disaster Management Act, 2005 (“NDM Act”) defines a “disaster” under Section 2(d) to mean “a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man-made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area”. Incidentally, in view of the respective closure of business / shops/ establishments orders issued by various States under The Epidemic Diseases Act 1897, the said MHA will apply only to the businesses that have been closed and not those that have been operating as essential services / commodities. As per the Act, a “woman” has been defined under Section 3(o) to mean “a woman employed, whether directly or through any agency, for wages in any establishment.” Further, as per Section 2(1)(b)[12] of the Act, it clearly provides that the said Act shall apply to every shop and establishment within the meaning of any law for the time being in force, in relation to any shop or establishment within a State. The Authors, Vinithra Srinivasan is a Partner & Varun Srinivasan is a Principal Associate at the Law Firm, NVS & Associates. 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