I'm an employed on a roll. My employer is withholding my salary due to my workplace not being open after COVID. They have refused to pay my salary until the location reopens. Is this legal? Can employers do this to their employees?
From India, Mumbai
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1From India, Mumbai
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Perhaps the employer has withheld your salary on the notion of 'No Work No Pay' as your location is COVID-19 affected. As per this principle, when no work is performed for any reason, then nothing is payable. However, in this case, your inability to work was due to external factors, specifically the government policy that prohibited you from working. Therefore, you can request to be paid some part of your salary, at least, to sustain yourself and your family.
You have also raised a larger question regarding the legality of this action. Initially, the Government of India had instructed all employers to continue paying salaries; however, this directive was challenged in courts, leading the government to reverse its stance hastily. Given the current circumstances with the near-lockdown conditions persisting, it is debatable whether it remains mandatory to pay salaries. We will need to await an authentic judicial decision on this matter.
From India, Mumbai
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You have also raised a larger question regarding the legality of this action. Initially, the Government of India had instructed all employers to continue paying salaries; however, this directive was challenged in courts, leading the government to reverse its stance hastily. Given the current circumstances with the near-lockdown conditions persisting, it is debatable whether it remains mandatory to pay salaries. We will need to await an authentic judicial decision on this matter.
From India, Mumbai
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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 the 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 a job of choice.
Legal options: This extract will give some perspective:
The Honorable 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 a sharp look out for alternative jobs are the key.
From India, Pune
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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 the 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 a job of choice.
Legal options: This extract will give some perspective:
The Honorable 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 a sharp look out for alternative jobs are the key.
From India, Pune
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Thank you so much for your answer. I talked with my employer; it's a Cinema industry, and they told me that during the lockdown, they gave me 50% of my salary. However, now there is no revenue, so they have decided to inform me that the payment for keeping the location open is not guaranteed. They mentioned that if the location starts operating again, they will resume payments, but there is no definite answer. I am now unsure whether I should wait for the location to reopen or consider skipping the job. I am really confused.
From India, Mumbai
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From India, Mumbai
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If you are waiting for an opportunity to open up or considering skipping the current job, I am feeling quite confused. If you manage to secure a job while waiting for cinemas to reopen, there is nothing better. If not, there is no option but to wait for things to improve and cinemas to reopen. However, utilize this waiting period to actively search for other job opportunities or enhance your qualifications. Make use of this time to enhance your employability.
From India, Pune
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From India, Pune
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