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 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”
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 prospective –
The principle was evaluated by the honourable 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.”
See this for full discussion PAYMENT OF SALARIES DURING COVID-19 LOCKDOWN
From India, Kolkata
180“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 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”
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 prospective –
The principle was evaluated by the honourable 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.”
See this for full discussion PAYMENT OF SALARIES DURING COVID-19 LOCKDOWN
From India, Kolkata
"Honourable 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.”
Shall highly appreciate if the Case reference number is quoted for ready reference of the Case.
Thanks
From India, Aizawl
Shall highly appreciate if the Case reference number is quoted for ready reference of the Case.
Thanks
From India, Aizawl
What is the way out for NGOs who’s source of income has been completely closed. Is there a via-media approach.....Please suggest.....
From India, Chennai
From India, Chennai
Dear All,
Just to understand the Government The Ministry of Labour and Employment, Government of India vide advisory no. M-11011/08/2020-Media dated 20/03/2020 is also applicable to Non Workman Employee, Kindly respond
From India, Andheri
Just to understand the Government The Ministry of Labour and Employment, Government of India vide advisory no. M-11011/08/2020-Media dated 20/03/2020 is also applicable to Non Workman Employee, Kindly respond
From India, Andheri
Yes, it is an advisory. Let me break this down and analyze this position legally. We are under lockdown. A lockdown is imposed under the Disaster Management Act, 2005. I have been told and mentioning that I have still not completed my research on this issue, that an advisory has the force of law. This question is currently been tested by a writ before the honorable supreme court. But my research is also getting inclined towards the view that under the Disaster Management Act, the government can enforce these advisories as notifications. https://www.indialegallive.com/const...ny-to-sc-97132
I would request the seniors to express their views on this issue. We can certainly utilize their experience in analysis of such an unprecedented issue.
From India, Kolkata
I would request the seniors to express their views on this issue. We can certainly utilize their experience in analysis of such an unprecedented issue.
From India, Kolkata
How ESI fund could be utilised for meeting the financial burden of employers? There are crores of employees, who are getting benefit (medical), disablement benefits, insurance claim settlement and death compensation benefits from ESI.
Regarding MHA order,Supreme court refuses to stay the order, but grants Centre two weeks time to show how it will implement MHA order directly payment of full wages during Covid-19 lock down. Thereafter hearing will start. It will take more time to have judgement on this matter.
Let's wait till such time.
From India, Aizawl
Regarding MHA order,Supreme court refuses to stay the order, but grants Centre two weeks time to show how it will implement MHA order directly payment of full wages during Covid-19 lock down. Thereafter hearing will start. It will take more time to have judgement on this matter.
Let's wait till such time.
From India, Aizawl
My understanding is that if the workers are denied wages during lockdown period, they would come out o their homes and the very objective of lockdown would be defeated. Today the Supreme Court has refused to stay the order directing the employers to pay full salary. The irony is that when the government is saying that employers should pay full salary to the workers, the EPFO is shouldering the EMPLOYEES' share of contribution? Why? When they can get salary without working, why don't they contribute their share of contribution. Similarly, the ESIC is making arrangements to pay unemployment allowances to workers. When the government is saying nobody would remain unemployed, will the question of payment of unemployment allowance arise?
Please follow the link also.
Madhu T K: Liability of employers to pay salary during COVID 19 lockdown period
From India, Kannur
Please follow the link also.
Madhu T K: Liability of employers to pay salary during COVID 19 lockdown period
From India, Kannur
Hello,
I need a clarification on the same subject. My company has deducted the travel allowances for all our employees since we are working from home and not actually commuting for work. I wanted to understand if there will be any legal imposings on this? Or has there been any circular passed on the above subject? Thank you in advance.
I need a clarification on the same subject. My company has deducted the travel allowances for all our employees since we are working from home and not actually commuting for work. I wanted to understand if there will be any legal imposings on this? Or has there been any circular passed on the above subject? Thank you in advance.
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