Over the years, the right to recall has come out as one of the most important laws in a democratic country. Although few nations have adopted it entirely, those that have done so are appreciated for taking this step. This law ensures that citizens who may or may not have elected a government official or person can remove them or replace them. This helps in maintaining the peace and stability of a republic or democratic government. Although this law has been adopted by many nations on their terms. For instance, California has now implemented the law of giving a right to recall to the employers of certain industries. This law has been enacted until the end of 2024.
The primary purpose behind implementing this law is to ensure that the people of certain industries who got affected because of COVID-19 can come back and work again. This only applies to the employees that were earlier laid off. The Governor of California, Gavin Newsom signed the bill recently and it would soon come into practice. The people have appreciated this move all across California, with the working class being the majority. They named the bill SB 93 or Senate Bill 93. Although earlier in many local regions of the state, authorities had tried to apply this. But, now it uniformly applies to the entire state.
Implications of California’s Right to Recall Law:
The major implications of this right to recall law would be on the employees that were earlier laid off amid the rise of COVID-19 cases. As everyone knows that the worsening pandemic had taken up a lot of jobs and left people unemployed. This strategic move by the government is to allow the people to settle back and try to get things back the way they were. Although no move has been taken yet on a national level as the federal government faces the onslaught of a second wave.
Major hotel chains, businesses focusing on labor-intensive work, service providers, etc. are among the major categories. It would include the employers of these categories in the right to recall law, wherein the local authorities would direct them to send written invitations. They would direct these invitations to the employees affected. But the categories of employees to become a part of this plan are strictly limited to those that at least worked a certain number of hours in the pandemic or before. Also, people who had to part ways with their job only because of COVID-19 are considered. To keep the record and ensure accountability, the authorities are obligated for few formalities. They need to ensure that the professional details, whether relating to the employee or the employer, are to be noted. The people would undergo a rigorous verification, which is why this is one of the biggest steps to reinstate the situation.
To penalize the persons that do not follow the law, the government has set a nominal charge. But, for the employer, nearly $500 could be the fine per day if he does not correct the error. The Division of Labour Standards Enforcement is the supreme authority to handle this law and its implementation at ground level.
Note: This is not a piece of legal advice, please consult your lawyer.
