Act of employer denying
or reducing the wages or salary of an employee since that employee cannot
attend duty during the Covid19 lockdown is ILLEGAL AND PUNISHABLE! Know how –
Many reports at different forums suggest that some employers
have not paid and not going to pay the normal wages or salaries to their
employees for the period during which lockdown has been implemented by the
government. The contention of the employers is that during this period they
have been compelled to halt all business activities and as the employees are
not working they are not obliged to pay any remuneration. On the other hand, the
employees are willing to work but they are not allowed to do the same because of
the lockdown. Now the question that arises is whether the law supports the
contention of employers or that of the employees.
The Ministry of Labour and Employment, Government of India
vide advisory no. M-11011/08/2020-Media dated 20/03/2020 having title “In
this critical time of the coronavirus (COVID-19) epidemic, the Ministry of
Labour and Employment advises all public and private employers to support their
employees and workers” states: -
“In the backdrop of such challenging situation all the
Employers of Public/Private Establishments are advised to extend their
coordination by not terminating their employees, particularly casual or
contractual workers from a job or reduce their wages. If any worker takes leave,
he should be deemed to be on duty without any consequential deduction in wages
for this period. Further, if the place of employment is to be made
non-operational due to COVID-19, the employees of such unit will be deemed to
be on duty”
Thus, the government has made its stand abundantly clear. The
advisory suggests that the employer will have to pay the wages or salaries. The
advisory states the reason for such stand as “The termination of an employee from the job or reduction in wages in this
scenario would further deepen the crises and will not only weaken the the financial condition of the employee but also hamper their morale to combat
their fight with this epidemic. In view of this, you are requested to circulate
this Advisory to the Employers/Owners of all the establishments registered with
your Association for compliance.”
The question now remains that even after a non-ambiguous
advisory from the government; some employers have not paid proper remuneration.
The employers seem to wrongly rely on the legal principle of “NO WORK NO PAY”. Let us now evaluate
this from a legal perspective
The principle was evaluated by the honorable Supreme Court
in the case of Union Of India Etc. Etc vs K.V.
Jankiraman (1)
as “The normal rule of "no work no pay" is not applicable to cases
where the employee although he is
willing to work is kept away from work
by the authorities for no fault of his. This is not a case where the employee remains away from work for his own' reasons, although the work is
offered to him.”
Thus it is clear that those employers who are not paying
proper wages are open to legal ramifications.
Know more about -
Maternity Benefits http://www.shramsamadhan.com/p/maternity-benefits-current-law-analysis.html
What if any employee takes leave even if we are offering them work from home
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