New Delhi: Amidst concerns that employers will be held liable if an employee is found to be COVID-19 positive, the Ministry of Home Affairs (MHA) on Thursday clarified no such provision has been made in the consolidated guidelines dealing with the lockdown situation.
In his latest DO, Union Home Secretary Ajay Bhalla refuted reports suggesting that CEOs could be imprisoned, factories shut for three months and other penalties imposed on a company if an employee tests positive for coronavirus. "I would like to clarify there is no such clause in the consolidated guidelines and therefore there is no basis for such misplaced apprehensions," said the home secretary.
He also denied apprehensions of manufacturers that in case of non-compliance of precautionary measures the factory could face closure for two days and would be allowed to reopen only after full compliance is certified.
"It is clarified that consolidated guidelines do not curtail the exemptions already provided. Therefore, no separate permission required from authorities for industries already permited to operate outside containment zones," said the home secretary. "No license or statutory approval is required for resumption of permitted activities during the lockdown period."
The apprehensions rose because of the reference to a penalty in Clause 21(i) of the MHA guidelines of April 15. The clause, along with Section 58 of the Disaster Management Act, gave the impression that employers can be penalised if an employee tests positive for COVID-19.
The Home Secretary, however, has now asked states and Union Territories to sensitise their field units that the MHA guidelines should not be misused to harass management of any manufacturing or commercial establishment.
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