I'm on roll employee. My employer hold my salary due to my location is not open after COVID. They refused to pay salary till the location is open. Is it possible? Or by law to do this with employees?
From India, Mumbai
1From India, Mumbai
Perhaps the employer has withheld your salary on the notion of 'No Work No Pay' as your location is covid affected. As per this principle when no work is performed for any reason then nothing is payable. But in this case your inability to do the work was due to external factors, the government policy which was not allowing you to work. So you can request for being paid some part of salary, at least, to sustain yourself and family.
You have also raised a larger question of this act being lawful. To start with Govt. of India had directed all employers to continue to pay salary, but then it got challenged in courts and the Govt. made a hasty retreat. Now, in the present circumstances with the near lock down conditions prolonging like this, it is debatable as to whether it is mandatory to pay salary. We will have to wait for an authentic judicial decision in this regard
From India, Mumbai
You have also raised a larger question of this act being lawful. To start with Govt. of India had directed all employers to continue to pay salary, but then it got challenged in courts and the Govt. made a hasty retreat. Now, in the present circumstances with the near lock down conditions prolonging like this, it is debatable as to whether it is mandatory to pay salary. We will have to wait for an authentic judicial decision in this regard
From India, Mumbai
One can understand the agony of remaining on roll but not getting paid.
But presently there is no easy solution or legal remedy in any reasonable time frame.No work no pay has happened here,though it is not due to employees fault.
Try and negotiate with your employer for some wages at least
These are extraordinary times,be patient,things will get better.
Keep looking out for other chances and exit if you secure job of choice.
Legal options: This extract will give some perspective:
The Hon'ble Supreme Court (the "Apex Court"), on Friday, June 12, 2020, pronounced its order in the matter concerning the petitions filed by private companies challenging the Ministry of Home Affairs (the "MHA") order dated March 29, 2020 (the "MHA Order") which required employers to pay full wages to the workers for the lockdown period.
The Apex Court, by way of an interim order, has directed that private establishments, industries and employers, who are willing, may negotiate terms and enter into settlements with their workers and/or employees regarding payment of wages for the period with effect from the MHA order till May 18, 2020 ( the "50 Days Period") or for any other period as applicable in any particular state during which their industrial establishment(s) was closed down due to lockdown. In an earlier order, in the petitions filed, dated June 04, 2020, the central and state governments were directed not to take any coercive steps against private employers who have not paid full wages to their workers and/or employees during the lockdown.
Patience and sharp look out for alternative jobs is the key.
From India, Pune
But presently there is no easy solution or legal remedy in any reasonable time frame.No work no pay has happened here,though it is not due to employees fault.
Try and negotiate with your employer for some wages at least
These are extraordinary times,be patient,things will get better.
Keep looking out for other chances and exit if you secure job of choice.
Legal options: This extract will give some perspective:
The Hon'ble Supreme Court (the "Apex Court"), on Friday, June 12, 2020, pronounced its order in the matter concerning the petitions filed by private companies challenging the Ministry of Home Affairs (the "MHA") order dated March 29, 2020 (the "MHA Order") which required employers to pay full wages to the workers for the lockdown period.
The Apex Court, by way of an interim order, has directed that private establishments, industries and employers, who are willing, may negotiate terms and enter into settlements with their workers and/or employees regarding payment of wages for the period with effect from the MHA order till May 18, 2020 ( the "50 Days Period") or for any other period as applicable in any particular state during which their industrial establishment(s) was closed down due to lockdown. In an earlier order, in the petitions filed, dated June 04, 2020, the central and state governments were directed not to take any coercive steps against private employers who have not paid full wages to their workers and/or employees during the lockdown.
Patience and sharp look out for alternative jobs is the key.
From India, Pune
Thank you so much for your answer. I talked with my employer it's a Cinema industry and they told me that in lockdown they gave me 50per of my salary but now there is no revenue so that they decided to tell me that still open the location payment is not issue. If location start then they will pay but no sure answer . Now what is the better options. Waiting for open or skip the job. I m really confused
From India, Mumbai
From India, Mumbai
"Waiting for open or skip the job. I m really confused"
My suggestion
If you can get a job while waiting for cinemas to open nothing better.
Otherwise no option but to wait for things to improve and cinemas to open.But use waiting period to search vigorously for other jobs or even add to qualifications.
Use time in improving employability.
From India, Pune
My suggestion
If you can get a job while waiting for cinemas to open nothing better.
Otherwise no option but to wait for things to improve and cinemas to open.But use waiting period to search vigorously for other jobs or even add to qualifications.
Use time in improving employability.
From India, Pune
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