With no clarity on SOP, leave for COVID-19 varies across factories

There have been instances of infected workers being given half or no wages

While COVID-19 pandemic has spread in many factories, there is no uniformity across them in terms of facilities like paid leave and insurance for the workforce exposed to the virus.

Workers in many factories in the manufacturing sector have been denied quarantine leave and insurance cover. Part of the problem is that the Standard Operating Procedures (SOP) issued with detailed guidelines on handling the pandemic outbreak in the factories is vague on leave, giving scope to varied responses, industry sources said.

What kind of leave?

A SOP issued on August 17 by Department of Factories, Boilers, Industrial Safety and Health stated that the infected worker has to be given leave to prevent the spread. The SOP does not specify what kind of leave or whether it would be quarantine leave or leave adjusted against earned leave or sick leave.

For example, many pharmaceutical companies have not only extended additional insurance cover for COVID-19, but have also given paid quarantine leaves ranging from 14 to 28 days to the infected workers. Their primary contacts have been given seven days paid quarantine leave.

However, the response in manufacturing sector is in contrast. In some companies, the days of absence from work is being adjusted against the sick leave. There are also instances of workers being sent on half wages or no wages. Already, many factories had adjusted the workers leave for the shutdown period and many may not have enough leaves left.

In one case, an automobile ancillary unit in Narasapur industrial area, near Kolar, that gave 28 days paid leave to all workers after an outbreak, threatened workers of disciplinary action and police complaint if they did not adhere to the company laid-out guidelines that could result in another outbreak. This notice, however, was withdrawn later.

“While we have been given SOP on how to deal in an event of the pandemic outbreak in the factory, we have no clarity about leaves. Though so far there has been no outbreak, we are planning to pay half wages for leave of absence in case of a worker testing positive,” said an industrialist on condition of anonymity. He runs a MSME unit with 50 workers in Bommasandra Industrial Area in Bengaluru. “Each industry is responding to the outbreak based in circumstances and financial condition,” he added.

Petition in HC

The All India Trade Union Congress (AITUC) has also petitioned the High Court seeking uniformity in handling the labour welfare issues arising out of the pandemic outbreak. “Our fear is that if a worker without paid leave gets infected, there are higher chances of him turning up at the production facility, as he will be anxious not to lose wages. In the end, he will spread the infection,” said AITUC Secretary, Bengaluru, M. Satyanand. “We are asking for a separate quarantine leave of 14 days specifically for COVID-19 under the Disaster Management Act.”

Meanwhile, a senior officer in the Factories Department clarified that the Factories Act does not empower the department to issue specific instruction on leave. “While we have asked for provision of leave, it is up to the factories to provide leave under prevailing acts and directions of the Government. The objective of SOP is to lay guidelines for taking precautions at workplace, and it talks about health and safety of workers in workplace,” the officer said.

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