IMPACT OF COVID 19 GUT – WRENCHING ON VARIOUS EMPLOYMENT LAWS
Millions of migrants lost their jobs overnight due to the lockdown decision to combat Covid-19, one common enemy for all. The Pandemic has hit hard on the stock markets, leaving a dark impact on entire world’s economy. While nearly all sectors experienced losses, those with the most public exposure are worst hit. The aviation, travel, hospitality industries and daily wage workers have been reported to be worst affected. Only few sectors with the ability to work from home has held up. The Coronavirus, an enigma, has forced employers and industries around the world to explore new technological advancements for their workforce to ‘Work from Home.’ However, these technological advancements would be of no help to our daily wage workers.
Over half of India’s daily wage workers earn between ₹200 to ₹400 a day, much below than the prescribed minimum wage of ₹692, ₹629 and ₹571 for skilled, semi-skilled and unskilled workers respectively (in Delhi). During this distressful phase, the employers/owners must stand hand in hand with their employees/labours and support them for their family’s living. Many daily wage workers who have been unemployed or can’t carry on their daily work post lockdown have shifted from their regular work to selling vegetables and fruits for living.
According to data released by Centre for Monitoring Indian Economy (CMIE), Indian unemployment rate surged at 8.47 percent in March, highest in the last 43 months. The unemployment rate has further risen from 8.4 percent in the week ended March 22 to a record high 23.4 percent as of the week ended April 5. Moreover, India’s employment rate plunged to a record low of 38.2 percent in March, 2020. Pronob Sen, a former chief statistician of India, as quoted by LiveMint, estimates that roughly 50 million people lost their jobs two weeks after the lockdown began.
The ‘Right to Work’ subsequently is the most basic component of life to live. To have the basic needs of food, water, clothing and shelter one must work to earn. But the Coronavirus Pandemic has forced a majority of workforce to avoid their regular work, practice social distancing and stay at home. As the most basic component of life to live has been automatically taken away because of the Cornonavirus Pandemic, it has also been reported that employers have started to cut down their workforce in this dark hour. Except in the case of termination of employment for misconduct, an employer is mandated to provide notice or termination (or salary in lieu of notice) to the concerned employee. As per the Industrial Dispute Act, for the termination of the services of a workman who has been in continuous service for at least one year, an employer shall provide at least one months notice (or salary in lieu of notice) (Notice of Retrenchment).
Through a judicial interpretation of Article 21 the Hon’ble Supreme Court in its landmark judgement in the case of Olga Tellis and Ors. v Bombay Muncipal Corporation and Ors. (AIR 1986 SC 18) held ‘Right to Work’ as a fundamental right inalienable in the ‘Right to Life.’ The Court had observed that to make living significant there must be a means of living, i.e the means of livelihood. That, if the right to livelihood was not regarded as part of the right to life, the most convenient method for denying a man of his right to life is denying him of his means of earning a living. The court further held that, which makes life further to live, must be regarded to be an indispensable part of the right to life. The landmark judgement of the Supreme Court recognised the ‘Right to Work’ as being inborn in Article 21. Decoding the Supreme Court’s judgment in Olga Tellis Case right to work is violated –
When a man is fired from his job against the terms of his employment.
When a man is fired from his job infringing upon the officially set down Central or State Laws.
In case of infringement of ‘Right to Work’ a writ petition can be filed in the High Court of the respective state under Article 226 of the Constitution of India, or in the Supreme Court of India under Article 32 of the Constitution of India.