Dear Experts,
We are a construction-based company in Bangalore with more than 140 employees in the organization. During the lockdown situation, our employees did not attend their regular duties in the month of April 2020.
Here, I would like to seek your suggestion on whether we can adopt the "No work, No pay" policy in such cases. If any employee approaches the labor department or court, what impact would it have on the organization? What are the potential legal concerns that may arise later?
Please find the attached Supreme Court statement for your reference: [Supreme Court Statement](https://www.thehindu.com/news/national/coronavirus-lockdown-explain-home-ministry-order-on-full-wages-supreme-court-tells-government/article31458249.ece)
Considering all these factors, kindly suggest the best practices for us to follow.
From India, undefined
Acknowledge(0)
Amend(0)
We are a construction-based company in Bangalore with more than 140 employees in the organization. During the lockdown situation, our employees did not attend their regular duties in the month of April 2020.
Here, I would like to seek your suggestion on whether we can adopt the "No work, No pay" policy in such cases. If any employee approaches the labor department or court, what impact would it have on the organization? What are the potential legal concerns that may arise later?
Please find the attached Supreme Court statement for your reference: [Supreme Court Statement](https://www.thehindu.com/news/national/coronavirus-lockdown-explain-home-ministry-order-on-full-wages-supreme-court-tells-government/article31458249.ece)
Considering all these factors, kindly suggest the best practices for us to follow.
From India, undefined
Acknowledge(0)Amend(0)
By now, expert opinions have emerged from many seniors on the subject. Please peruse the link where you will get more insight: https://www.citehr.com/618965-act-em...ml#post2443377. Thanks.
From India, Aizawl
Acknowledge(0)Amend(0)
699From India, Aizawl
Acknowledge(0)Amend(0)
Dear Friend,
The government made an appeal to all employers to pay attention to the requirements of employees. There were some employers who did justice to the call of the government, while many defied the guidelines, resulting in the plight of workers in their homeland.
There is nothing wrong with adopting "No work, No pay." You should stick to your point of "No work, No pay" in case any employee approaches the labor department or court. I presume that there would be no legal action by the authorities because the Supreme Court has instructed not to prosecute for non-payment during the lockdown period. Moreover, the Ministry of Home Affairs has also withdrawn the guidelines, so there is no fear.
Kindly make the necessary adjustments as per the corrections provided. Let me know if you need further assistance.
From India, Mumbai
Acknowledge(0)Amend(0)
The government made an appeal to all employers to pay attention to the requirements of employees. There were some employers who did justice to the call of the government, while many defied the guidelines, resulting in the plight of workers in their homeland.
There is nothing wrong with adopting "No work, No pay." You should stick to your point of "No work, No pay" in case any employee approaches the labor department or court. I presume that there would be no legal action by the authorities because the Supreme Court has instructed not to prosecute for non-payment during the lockdown period. Moreover, the Ministry of Home Affairs has also withdrawn the guidelines, so there is no fear.
Kindly make the necessary adjustments as per the corrections provided. Let me know if you need further assistance.
From India, Mumbai
Acknowledge(0)Amend(0)
MHA Order: As per para 3 of the latest MHA order/guidelines, save as provided in annexed guidelines, all earlier orders by the National Executive Council u/s 10(2)(I) of the Disaster Management Act 2005 shall cease to have effect from 18/5/2020. Ideally, this would mean that the MHA order dated 29/3/2020 with respect to the payment of wages for the lockdown period shall cease to have effect from 18/5/2020 unless so specifically clarified or reiterated by the Government.
However, this decision will have a prospective effect while the issue of payment of wages for the lockdown period till 17/5/2020 is still sub judice before the Honorable Supreme Court.
From India, Aizawl
Acknowledge(0)Amend(0)
However, this decision will have a prospective effect while the issue of payment of wages for the lockdown period till 17/5/2020 is still sub judice before the Honorable Supreme Court.
From India, Aizawl
Acknowledge(0)Amend(0)
There cannot be a definite answer even in respect of the period up to inasmuch as the Government, strictly on legal terms, has issued only Advisories and not Orders. No employer could be forced to employ them, being short of reason, logic, or even legal authority. An employer cannot be found at fault in adopting 'no work, no pay'. However, the compulsions of the situation require that the employer should not be dogmatic but ensure that no employee should be denied a 'subsistence allowance' not less than living wages during the period.
From India, Kochi
Acknowledge(0)Amend(0)
From India, Kochi
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.