On 29th of June 2020, a FIR has been filed against a CEO, the HR Manager and 2 other employees of an MNC in Pune district under the provisions of S. 188 (disobedience to the order duly promulgated by a public servant), S. 269 (Negligent act likely to spread infection of disease dangerous to life), S. 270 (Malignant act likely to spread infection of disease dangerous to life) of the Indian Penal Code along with appropriate sections of the Disaster Management Act, Epidemic Diseases Act and Covid-19 rules.

Apart from creating once in a century kind of health safety crisis across the globe, Corona virus has broken the economic backbone of numerous countries. And in those countries the private sector companies from IT Industry, Auto Industry we name it and all of them are now exposed to a period of economic and/or existential crisis.

Well, after 3 months since the Lockdown was announced in India, the Central Government and the State government are trying to pull off a balancing act. Everybody wants to protect themselves, their families but now onwards all want to also protect their livelihoods, their jobs, their businesses. So, the Government is giving the private sector firms and companies the liberty to pull off such a balancing act themselves.

As per the latest National and various State/Local guidelines several private sector companies and manufacturing units have started calling their work force back to work. But many employees and district administration is of the view that Employers are not taking necessary precautions. On the other side questions are raised on quality of work from home in Industries where WFH is possible and allowed.

Now let us say an employee in an IT multinational, an Auto manufacturing unit, or any private sector employee after being called for work unfortunately contracts the deadly Corona Virus! What does it mean to the Employer and the Employee? What is the liability of an Employer in case an employee contracts Corona virus?

The Government has given the liberty to the Employers to call their Employees to the workplace. With such liberty comes responsibility! The Employers have to a large extent full responsibility of the safety and security of their employees at the workplace. This also includes safety and security in context to the Covid-19 pandemic.

Any amount of negligence on part of the employer which results into any disability or loss of life to the employee attracts full liability on the part of the employer. It is important to highlight that the employer is exposed to such potential liability from the moment the employee leaves his house to go to his work place and till he reaches back to his place of residence and not just the time the employee spends at the work place.

Thus, moving ahead the employers do have to take wise and calculated call when they decide to call their employees to work. Employers must remain fully compliant with the National, State, and local directives in all applicable aspects such as ensuring maintenance of hygiene, social distancing, and implementation of all such measures which are must for a safe workplace. The employers are duty bound to develop legally compliant safety and health protocols and policies and remain constantly updated with related laws and directives.

On the other hand, any intentional negligent act on the part of an employee will lead to absolving the employers from their liability.

Satya Muley
Satya is a leading lawyer from Western India and is helping numerous Organizations and Firms to remain legally compliant in the Covid-19 Pandemic time.
For solving any queries or support in such matters you can send a message to him at or reach him at Contact Us
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Click here to read a related news in Times of India of 3rd July, 2020