During a strike and unauthorized absenteeism, we implement the "No Work, No Pay" rule. However, during Shutdown Holidays (for maintenance and erection work), will the "No Work, No Pay" rule be applicable? If the employer decides not to pay salaries to employees during the shutdown holidays, is this correct?
Thank you in advance.
From India, Madras
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Thank you in advance.
From India, Madras
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Dear,
The "No work no pay" pertains to the payment of wages, and this right of the employer is applicable when there is "NO WORK" on the part of the employees. The same is mentioned in the Payment of Wages Act, 1936. In the matter of shutdown holidays, it cannot be considered in the same manner because employees have no role to play in such holiday conditions. Definitely, if such activities are of a prolonged period, you can explore the option of layoff according to the provisions of the law.
Regards,
Raj Kumar Rai
From Australia
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1The "No work no pay" pertains to the payment of wages, and this right of the employer is applicable when there is "NO WORK" on the part of the employees. The same is mentioned in the Payment of Wages Act, 1936. In the matter of shutdown holidays, it cannot be considered in the same manner because employees have no role to play in such holiday conditions. Definitely, if such activities are of a prolonged period, you can explore the option of layoff according to the provisions of the law.
Regards,
Raj Kumar Rai
From Australia
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Dear,
The "No work no pay" pertains to the payment of wages, and this right of the employer is applicable when there is "NO WORK" on the part of the employees. The same is mentioned in the Payment of Wages Act, 1936. In the matter of shutdown holidays, it cannot be considered in the same manner because employees have no role to play in such holiday conditions. If such activities are of a prolonged period, you can explore the option of layoff according to the provisions of the law.
Regards,
Raj Kumar Rai
From Australia
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The "No work no pay" pertains to the payment of wages, and this right of the employer is applicable when there is "NO WORK" on the part of the employees. The same is mentioned in the Payment of Wages Act, 1936. In the matter of shutdown holidays, it cannot be considered in the same manner because employees have no role to play in such holiday conditions. If such activities are of a prolonged period, you can explore the option of layoff according to the provisions of the law.
Regards,
Raj Kumar Rai
From Australia
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Dear Naveen,
The options available are to schedule your maintenance work during long weekends or holidays. If you are unable to do so, you can ask them to work on a compensatory basis on some other holiday. Alternatively, you can adjust the leave standing to the credit of employees after informing them.
Please note that in the event of Bandhs announced by political parties, the same situation arises. The working of the establishment gets affected due to the paralysis of transport. Do we pay for these days? Certainly not; it is either NO WORK NO PAY or working on a compensatory basis. Employer associations clearly send out circulars advising employers about the stand taken by them on the above lines.
Trust the matter is clear.
M.V. KANNAN
From India, Madras
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The options available are to schedule your maintenance work during long weekends or holidays. If you are unable to do so, you can ask them to work on a compensatory basis on some other holiday. Alternatively, you can adjust the leave standing to the credit of employees after informing them.
Please note that in the event of Bandhs announced by political parties, the same situation arises. The working of the establishment gets affected due to the paralysis of transport. Do we pay for these days? Certainly not; it is either NO WORK NO PAY or working on a compensatory basis. Employer associations clearly send out circulars advising employers about the stand taken by them on the above lines.
Trust the matter is clear.
M.V. KANNAN
From India, Madras
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Are there any case laws on employees not being able to work due to third parties - neither employees nor employers - and what should be done in such a situation? Are there any provisions in collective bargaining agreements between trade unions/employee representatives and management to protect pay in such scenarios that anyone knows?
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From India, Coimbatore
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From India, Coimbatore
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Dear HR people,
What happens to loss during maintenance because of the machine being down, where that loss is accounted for similarly to the overhead you are bearing to pay off salaries during maintenance. That means the cost of maintenance includes the cost of labor (no work but still pay).
From United Arab Emirates
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What happens to loss during maintenance because of the machine being down, where that loss is accounted for similarly to the overhead you are bearing to pay off salaries during maintenance. That means the cost of maintenance includes the cost of labor (no work but still pay).
From United Arab Emirates
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no its not say i am agreed with sricnk... no work but still pay... with regards jai shastri
From India, Lucknow
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From India, Lucknow
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Here, three different situations are arising:
1. Strike - Firstly, whether it is a legal or illegal strike by the employees/workers, and secondly, the strike caused by outsiders - political or others, etc.
2. Unauthorized absenteeism by employees.
3. Shut Down Holidays (Maintenance work and erection work).
Now, for case 1 - if the strike is illegal and hence invalid, then the "No work and No pay" theorem is straightway applicable. But for a legal/valid strike under the light of ID Act, the same theorem might not be applicable. Before applying this theorem, an analysis of the case on several grounds is required; otherwise, the decision may be challenged in court.
For case point 2, as it is simple and straightforward, the theorem is directly applicable, i.e., "No work and No pay," since it is non-compliance of the rules and regulations and appears as a disobey.
For case point 3, the shutdown due to maintenance of machines, etc., is initiated by the employer or management and is part of the yearly activities. Hence, the theorem is not applicable, but there will be 'No work but paid.' If the shutdown is for a prolonged period, then an alternative choice before the employer or management is to do "lay off." Please note that the shutdown is not the retrenchment or termination of the contract or employment.
I believe it is clear.
Regards,
Rama Kant
From India, Chandigarh
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1. Strike - Firstly, whether it is a legal or illegal strike by the employees/workers, and secondly, the strike caused by outsiders - political or others, etc.
2. Unauthorized absenteeism by employees.
3. Shut Down Holidays (Maintenance work and erection work).
Now, for case 1 - if the strike is illegal and hence invalid, then the "No work and No pay" theorem is straightway applicable. But for a legal/valid strike under the light of ID Act, the same theorem might not be applicable. Before applying this theorem, an analysis of the case on several grounds is required; otherwise, the decision may be challenged in court.
For case point 2, as it is simple and straightforward, the theorem is directly applicable, i.e., "No work and No pay," since it is non-compliance of the rules and regulations and appears as a disobey.
For case point 3, the shutdown due to maintenance of machines, etc., is initiated by the employer or management and is part of the yearly activities. Hence, the theorem is not applicable, but there will be 'No work but paid.' If the shutdown is for a prolonged period, then an alternative choice before the employer or management is to do "lay off." Please note that the shutdown is not the retrenchment or termination of the contract or employment.
I believe it is clear.
Regards,
Rama Kant
From India, Chandigarh
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No work, no pay rule could be applied only if it is the case of absenteeism, a strike, etc., i.e., the cause of no work due to workmen/employee. In case it is the decision of the company to shut down the company for a definite period of time for some maintenance work, then the rule of no work, no pay could not be applied as the workmen/employee is willing to come to work.
Vinay D. AGM - HR Bombay Stock Exchange Limited, Mumbai
From India, Thana
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Vinay D. AGM - HR Bombay Stock Exchange Limited, Mumbai
From India, Thana
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