New COVID-19 SOP issues fresh warning against laying off industrial workers

The Sindh government, in view of a rapid increase in the transmission of the coronavirus in the province, has issued a new standard operating procedure (SOP) with intimation to the industrial sector that no employees or workers “shall be laid off”.

The notification issued on Saturday reads, “In pursuance of the order dated April 14, 2020 issued by the Home Department, Government of Sindh, and in the wake of the rapid increase in transmission of the coronavirus, different commissioners and deputy commissioners of the province of Sindh have announced a lockdown in certain areas of their respective jurisdictions to control the spread of COVID-19 on the recommendations of concerned district health officers, Health Department, Government of Sindh.

“The lockdown, as announced by different commissioners and deputy commissioners in their respective jurisdictions, shall be deemed as prescribed period in terms of Clause (i) of Section-2 of the Sindh Covid-19 Emergency Relief Ordinance, 2020 (Sindh Ordinance No. III of 2020) and Employees or Workers of Industrial, Commercial and Shop Establishment, affected due to lockdown are entitled to the relief as envisaged under clause (b) of Sub-Section (2) of Section-3 of the Sindh Ordinance No.111 of 2020, which is reproduced as under: ‘No employee or worker shall be laid off, terminated or removed and the employee shall be paid salary by the employer during the closure of an establishment as indicated in Schedule-I.’”

Now, due to the lockdown in certain areas, if any worker or labourer who is working in industrial, commercial and shop establishments is affected and is unable to reach his or her workplace, they shall not be declared as absentee but shall be considered as on duty and shall be entitled for his or her wages, accordingly.”

The notification further states: “Hence, employers as defined under Section-2(1) (i) of the Sindh Shops and Commercial Establishment Act, 2015 (XII of 2016) and authorised persons under Section-3 of Sindh) Payment of Wages Act, 2015 are hereby advised not to deduct the salaries of those workers who are affected by the lockdown in their respective areas and to pay them salaries for the prescribed period, as indicated in schedule-I of Sindh Ordinance-III of 2020 to employees or workers, including permanent, contract, daily wages, probationary, temporary and piece-rated and also restrained to lay off, terminate or remove any employee during the prescribed period.

“According to Section 4 (I) of the Said Ordinance, whoever contravenes the provision of Section 3, shall be punishable with on spot fine, which may extend up to Rs1 million or seizure of movable or immovable property or both.”

Moreover, the copies of the notification were forwarded to the principal secretary to the chief minister, the administrative secretaries of the Government of Sindh, the inspector general of police Sindh and Karachi, the president, the Employers Federation of Pakistan, the presidents of all associations of trade and industries, the presidents of the chambers of commerce and industry of Karachi, Hyderabad, Sukkur, Larkana and Mirpurkhas, and other relevant quarters