India

Which are the COVID-19 vaccines that have been currently approved by the Indian Government?

The Drugs Controller General of India (DGCI), the national level drug regulator, so far, has granted approval to two vaccines for ‘restricted use in an emergency situation’. The two vaccines are: (1) COVISHIELD (developed by Oxford – AstraZeneca and manufactured by the Serum Institute of India) and (2) COVAXIN (developed by Bharat Biotech).

Will the COVID-19 vaccines be provided to everyone simultaneously?

The Indian Government is carrying out the COVID-19 vaccination drive in a phased manner. The COVID-19 vaccines will not be administered to everyone simultaneously. As per the Operational Guidelines issued (available on www.mohfw.gov.in), the vaccine will first be given to the following priority groups: (i) healthcare and frontline workers; (ii) those about 50 years of age; and (iii) those below 50 years of age with comorbidities.

What is the CoWIN platform?

The COVID Vaccine Intelligence Network (“CoWIN”) system is a digital platform which is intended to help the Indian Government in planning, implementing, monitoring, and evaluating the COVID-19 vaccination drive in India. At present, the CoWIN platform is being used by the Government and it has not yet been fully extended to the general public. However, it appears that the public may be allowed to self-register themselves on the CoWIN portal (after submitting requisite identification proof) and access limited features.

Is the vaccine mandatory?

No, the vaccine has not been made mandatory by the Government of India.

What is the involvement of the private sector at present?

Currently, the private sector is not involved in the vaccination drive. The entire process (including costs and manner of administration) is entirely controlled by the Government – however, this might change once the vaccines are made available to the general public.

Can an employer make it mandatory for employees to get vaccinated?

No. Given that the vaccination is voluntary and has not been made mandatory under law, an employer cannot insist that its employees undergo vaccination as a condition of continued employment.

Can an employer instruct employees to provide proof of vaccination?

Yes, an employer can require its employees to submit proof that he/she has been vaccinated. Any such vaccination related data will qualify as ‘sensitive personal data or information’ under India’s extant data protection laws and an employer collecting, storing or processing this data will be required to comply with all applicable data protection legislation.

Is an employer required to grant paid leave to employees who are scheduled to be vaccinated?

Currently, there is no specific Government notification or order in this regard. However, market practice may dictate that employers start providing paid leave to employees on the days they are scheduled to be vaccinated in lieu of sufficient proof of vaccination.

If pursuant to an employer’s encouragement, an employee takes the vaccine and suffers adverse effects, will the employer be held liable?

It is unlikely that an employer will be held liable as long as the employer makes it clear that the vaccination is voluntary and the employer does not provide any misleading information to the employees.

Can an employer dismiss an employee if the employee refuses to take the vaccination?

It is highly unlikely that such a dismissal will be upheld by a court if the sole reason to dismiss an employee has been the employee’s refusal to take the vaccination.

Can the employer refuse office access to employees who do not take the vaccine?

Yes, employers can refuse access to physical premises to any employee(s) they deem fit as long as such denial of access does not impede in the discharge of the employee’s formal duties and obligations.

Can the employer ask employees who have not been vaccinated to sit in a designated area of the office?

Yes, this is possible. However, employers must ensure appropriate communication and the designated areas must satisfy all safety protocols and requirements.

For more information on these articles or any other issues involving labour and employment matters in India, please contact Avik Biswas (Partner) of IndusLaw at avik.biswas@induslaw.com or visit www.induslaw.com.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.

In order to combat the COVID-19 crisis, the Central Government of India and various State Governments have been declaring lockdowns in India for the past 3 months, subject to certain terms and conditions. The Ministry of Labour and Employment issued an advisory in the month of March 2020, wherein all employers were advised to not terminate the services of its employees or reduce the wages of such employees during the lockdown period. It was further stated under this advisory, that if a place of employment is non-operational on account of COVID-19, the employees in such affected establishments will be considered to be on duty for the non-operational period.

Further, on 29 March 2020, the Ministry of Home Affairs passed an order on account of which employers were required to pay wages to employees on time and without any deduction, during the lockdown period, and the violation of this order attracted criminal sanctions. This order sparked a lot of debate within the country, as, due to loss of revenue on account of the lockdown, most employers were not in a position to pay wages to its employees. However, this order has ceased to exist with effect from 18 May 2020.

This order had also been challenged before the Supreme Court of India, wherein after several rounds of hearings, the Supreme Court has directed employers to negotiate terms and enter into a settlement with its employees with respect to payment of wages during the lockdown period. The final order is likely to be passed by the Supreme Court of India in July 2020.

For more information on these articles or any other issues involving labour and employment matters in India, please contact Avik Biswas (Partner) of IndusLaw at avik.biswas@induslaw.com or visit www.induslaw.com.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.

The sudden outbreak of the novel coronavirus (“COVID-19”) led the Government of India to impose a nationwide lockdown in an attempt to control the spread of the pandemic. The lockdown which began on March 25, 2020, deeply impacted the media and entertainment industry, especially with the suspension of all production work. As the Central and State Governments ease the lockdown in a phased manner, the Government of Maharashtra has, on the request of various stakeholders, allowed shooting of content for films, television and ‘Over-the-Top’ platforms and through a government resolution dated May 30, 2020 issued the ‘Guiding Principles to restart Media Entertainment Industry in Maharashtra’ (the “Guidelines”).

All production related activities are permitted to be carried on outside containment zones and only within the daily permissible timings prescribed by the Government. The Guidelines are required to be adhered to strictly and any failure to comply will lead to suspension of activities.

To download the guideline, click here.

For more information on these articles or any other issues involving labour and employment matters in India, please contact Avik Biswas (Partner) of IndusLaw at avik.biswas@induslaw.com or visit www.induslaw.com.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.

The Notification by the government of Karnataka relaxes the previous regulations relating to the daily and weekly working hours of all Factory workers in the state of Karnataka. This short term relaxation in working hours will allow the employers and Factory owners to opt for longer daily and weekly working hours in their Factories, providing them with an opportunity to attempt to narrow the gap in their productivity levels created due to the COVID-19 crisis, while ensuring that the Factory workers are appropriately compensated and they face no negative impact with respect to their entitlements for overtime wages.

To download the report, click here.

For more information on these articles or any other issues involving labour and employment matters in India, please contact Avik Biswas (Partner) of IndusLaw at avik.biswas@induslaw.com or visit www.induslaw.com.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.

Standard Operating Procedures on Exit Strategy for Airports, Airlines and Passengers

On 24 March 2020, the Government of India initiated a nationwide lockdown for a period of twenty- one days, limiting movement of the general public as a preventive measure to contain the spread of COVID-19 pandemic in India. The lockdown was further followed by a series of enforcement of other regulations in the country’s COVID-19 affected regions.

Given the extent of the spread of the COVID-19 infection, these indicative Standard Operating Procedures (SOPs) on Exit Strategy for Airports, Airlines and Passengers are a step in the right direction with an aim to reduce the risk of the further propagation, while enabling the restart of aviation in India. It will require all stakeholders to cooperate and implement these processes in an integrated manner. Further, there may be additional action steps for the next phase as per the situation prevalent at the point of time. All the airport operators and airlines may have to revamp their existing processes to introduce the prescribed changes in line with these indicative SOPs, which may include significant cost implications. These guidelines, along with new processing and distancing requirements, will most likely necessitate the reduction of flight handling capacity of the airports until such norms remain in place.

To download the report, click here.

For more information on these articles or any other issues involving labour and employment matters in India, please contact Avik Biswas (Partner) of IndusLaw at avik.biswas@induslaw.com or visit www.induslaw.com.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.