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Issues of concern :
1. Whether wages are legally payable for such period of forced lockdown?
2. Legal effect of Advisories issued by the Central Government for protection of employment and wages of employees.
3. Legal effect of the orders dated 31 st March 2020 issued by the Government of Maharashtra under Section 24 of the Disaster Management Act, 2005.
4. Whether an employee in essential services can be compelled to report for work?
5. Whether an employee in non-essential service, capable of working from home, can refuse to do so on the grounds that employees whose duties cannot be performed from home are also getting wages and he needs extra payment?
6. Whether wages are payable when there is inability to report for work when no transport facility is available though employer’s establishment is open.
7. Rights of the employer where an employee chooses to stay away on account of fear of the pandemic, family pressure. Situations in essential services.
8. Can an employer, in essential services, permit an employee to use his accrued leave in case he not able to report?
9. If the lockdown continues for a reasonable and limited period, rights of employer to resort to:
a. Lay-off,
b. Retrenchment or
c. Closure.
Whether such measures are permissible if the lockdown continues for a longer duration?
10. Whether an employer can enter into an agreement/settlement with his employees for reduction or deferment of wages?
11. If an employee in essential services reports for work and contracts COVID 19 will it be considered as an ‘accident arising out of and in the course of employment’ rendering the employer liable for compensation and special leave?