Lockdown wages no longer mandatory

The government has cancelled its previous orders under the National Disaster Management Act, which also includes the order mandating payment of salaries and wages to employees.

On May 17, the government, through the National Disaster Management Authority (NDMA), issued an order on the extension of the national lockdown till May 31. The NDMA has, through this order, cancelled all its previous orders, including the one dated March 29, 2020, mandating wages to workers and employees.

“Whereas, save as otherwise provided in the guidelines annexed to this order, all orders issued by NEC (National Executive Committee) under Section 10 (2) (i) of the Disaster Management Act, 2005 shall cease to have effect from 1805-2020,” the order said. According to Jidesh Kumar, managing partner, King Stubb and Kasiva, Advocates and Attorneys, “All orders relating to employers during the

Covid-19 situation was in pursuance to the central government order dated March 29, 2020. This order is now ceased as per the order of the central government issued under Section 10(2)(i) of the Disaster Management Act, 2005 dated May 17, 2020. This section provides authority to the National Executive Committee of the NDMA to issue directions. Hence all orders relating to employers, including the state government orders made pursuant to the earlier central government order dated March 29, 2020 also now stands ceased.”

The March 29 order had made it mandatory for the employers to pay wages to workers and employees.