Dear Seniors,
One of my friends was working with a manpower service provider. They have been involved in the skill development program and registered under the trust. During the COVID-19 pandemic, his services were used, and he was working from home. However, in the month of May 2020, a new letter from the Ministry of Home Affairs (MHA) came, and in June, the employer sent an email on 20 June 2020, stating that, as per the discussion in March 2020, there is a policy of 'no work, no pay,' even though there was no such discussion.
Salary has not been paid since April 2020, and the pay cycle was from the 21st to the 20th of each month.
What can be done and how? Kindly suggest.
From India, Patna
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1One of my friends was working with a manpower service provider. They have been involved in the skill development program and registered under the trust. During the COVID-19 pandemic, his services were used, and he was working from home. However, in the month of May 2020, a new letter from the Ministry of Home Affairs (MHA) came, and in June, the employer sent an email on 20 June 2020, stating that, as per the discussion in March 2020, there is a policy of 'no work, no pay,' even though there was no such discussion.
Salary has not been paid since April 2020, and the pay cycle was from the 21st to the 20th of each month.
What can be done and how? Kindly suggest.
From India, Patna
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Dear Nitesh,
What is the designation of your friend? How many subordinates reported to him? If no subordinates reported to him, then provisions of the Industrial Dispute Act, 1947, are applicable to him. Under the provisions of this act, he can file a complaint in the labor office under whose jurisdiction your friend's company falls. Ask him to submit a written application for the non-payment of wages. Your friend is entitled to receive his salary for the period he was officially on the company's payroll.
Thanks,
Dinesh Divekar
From India, Bangalore
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What is the designation of your friend? How many subordinates reported to him? If no subordinates reported to him, then provisions of the Industrial Dispute Act, 1947, are applicable to him. Under the provisions of this act, he can file a complaint in the labor office under whose jurisdiction your friend's company falls. Ask him to submit a written application for the non-payment of wages. Your friend is entitled to receive his salary for the period he was officially on the company's payroll.
Thanks,
Dinesh Divekar
From India, Bangalore
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The poster should answer the queries raised by Mr.Dinesh. Only his answer would enable anyone to suggest the right course of remedial action.
From India, Salem
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From India, Salem
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Dear Sir,
Sorry for replying late. The friend was working as the Operations Manager and was responsible for the Operations/BD in the Eastern Part. There were 4 supervisors and 1 field officer reporting to him as per the information he gave me.
Regards,
Nitesh
From India, Patna
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Sorry for replying late. The friend was working as the Operations Manager and was responsible for the Operations/BD in the Eastern Part. There were 4 supervisors and 1 field officer reporting to him as per the information he gave me.
Regards,
Nitesh
From India, Patna
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Dear Nitesh,
Your friend, being a managerial cadre employee, has no locus standi to get redress for his employment grievances under the labor laws. The alternative available to him is to sue his employer in a civil court for breach of the contract of employment and claim the amounts due for the entire period he worked from home together with damages. Of course, it would be a time-consuming process, and your friend will have to engage the services of a civil lawyer.
From India, Salem
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Your friend, being a managerial cadre employee, has no locus standi to get redress for his employment grievances under the labor laws. The alternative available to him is to sue his employer in a civil court for breach of the contract of employment and claim the amounts due for the entire period he worked from home together with damages. Of course, it would be a time-consuming process, and your friend will have to engage the services of a civil lawyer.
From India, Salem
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Thank you, Sir, for your suggestion. I would like to know more about it, how to process as my friend was also asking that at least the salary for the working time of 3 months (April/May/June - Pay cycle was from 21 to 20) should be provided. Also, which kind of lawyer to consult and approximate charges that would incur.
Regards,
Nitesh
From India, Patna
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Regards,
Nitesh
From India, Patna
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Employer cannot compel employees to open salary act in its bank - Kerala HC 14.3.2017.pdf