Some of our staff members relocated to their hometown on a priority basis. Now, they do not have proper support in terms of machinery and internet facilities. Hence, they cannot work from home either. In this case, we paid them their total for April without any hesitation. Now, for the month of May, it will be very difficult to make the payments. Can somebody help me understand how far we can implement the policy of 'no work, no pay'? I hope we will not encounter any problems.
From India, Pune
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71From India, Pune
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Dear Ramakant,
In my view, there are two ways to handle this problem: (1) Asking those relocated employees to return to their place of work immediately and resume their work as usual. Failing to do so will result in no work and no wages. It is important that in such a situation, the management has to provide transport facilities and workplace arrangements in tune with social distancing and other conditions to be followed during the COVID-19 lockdown. Alternatively, (2) your management being more considerate about the practical difficulties in their coming back due to the lockdown could provide gadgets and internet facilities to enable work from home.
The employer can choose an option that is beneficial to both parties in these troubled times.
From India, Salem
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In my view, there are two ways to handle this problem: (1) Asking those relocated employees to return to their place of work immediately and resume their work as usual. Failing to do so will result in no work and no wages. It is important that in such a situation, the management has to provide transport facilities and workplace arrangements in tune with social distancing and other conditions to be followed during the COVID-19 lockdown. Alternatively, (2) your management being more considerate about the practical difficulties in their coming back due to the lockdown could provide gadgets and internet facilities to enable work from home.
The employer can choose an option that is beneficial to both parties in these troubled times.
From India, Salem
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Mr. Umakanthan's advice is worth considering. Further, such employees you referred to should be advised in writing (by email followed by letters regd posted to them with AD) that:
1. The authorities have granted selective permission to resume production of goods and services in zones; hence, all employees are welcome to report to their workstations in the "Jaan Hai, Jehan Hai spirit."
2. As of yet, they have not applied for leave of absence with or without pay and are absenting. They need to apply for unavailed leave if unable to report for duty.
Advice them to resume their duty as soon as possible as selective movement is permitted. Be empathetic, kind, polite, and helpful in times of turmoil as COVID-19 lockdown/restrictions. Employers' patience pays. Getting good people who get you more business and at least keep you in business is no cakewalk.
Harsh K Sharan, Kritarth Consulting, 28.5.2020
From India, Delhi
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1. The authorities have granted selective permission to resume production of goods and services in zones; hence, all employees are welcome to report to their workstations in the "Jaan Hai, Jehan Hai spirit."
2. As of yet, they have not applied for leave of absence with or without pay and are absenting. They need to apply for unavailed leave if unable to report for duty.
Advice them to resume their duty as soon as possible as selective movement is permitted. Be empathetic, kind, polite, and helpful in times of turmoil as COVID-19 lockdown/restrictions. Employers' patience pays. Getting good people who get you more business and at least keep you in business is no cakewalk.
Harsh K Sharan, Kritarth Consulting, 28.5.2020
From India, Delhi
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Forget legal issues. See the human. Young employees with children need money also to feel morally strong. As HR, understand his background and urgent needs. Timely help now would cost money but would fetch loyalty and commitment. The industry is bigger than the individual. Take the burden at least partly out of employees' shoulders and have it on you. In the long run, all would benefit.
From India, Madras
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From India, Madras
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Recently, Aurangabad Bench of Bombay High Court in the matter of Rashtriya Shramik Aghadi vs Tuljabhavan Mandir Sansthan has directed that the principle of 'no work no pay' cannot be applied in the present extraordinary situation prevailing in the country due to the Covid-19 enforced lockdown. If I remember correctly, this order was passed on 12th May 2020.
S. Sensharma
Industrial Law & HR Consultant, Meerut
From India, undefined
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S. Sensharma
Industrial Law & HR Consultant, Meerut
From India, undefined
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LLR CLARIFICATION ON NO WORK NO PAY IN CORONA-19 CURFEW - HINDI VERSION.pdf
N Covid 19 Corona Virus Dos & Don'ts - .docx