Inspector is approaching our company, saying that he has received anonymous complaints that we have cut the salary of employees during the pandemic period.
How can we handle that? I thought, as per the Supreme Court ruling, the government cannot force employers to pay full wages if the business is shut down. How do we handle this as we are already doing poor business, and we have not reduced staff because of the pandemic?
Please advise.
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How can we handle that? I thought, as per the Supreme Court ruling, the government cannot force employers to pay full wages if the business is shut down. How do we handle this as we are already doing poor business, and we have not reduced staff because of the pandemic?
Please advise.
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Dear Sir, Please write a letter to the concern authority with enclosure of court order but you should pay full wages for working days in lock down period. Thanks.
From India, undefined
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6From India, undefined
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You may seek a copy of the complaint received so that you can submit a factual reply to it. An inspector making a vague complaint is indicative of hidden interests. It would be better to apprise the State Labour Commissioner or the higher authorities of the factual position.
From India, Mumbai
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From India, Mumbai
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Dear Anil,
Apart from the Supreme Court's ruling on the orders of the Government of India directing the employers to pay full wages to their employees for the period of State-imposed lockdown, in my opinion, since the National Disaster Management Authority had already declared the COVID-19 pandemic as a notified disaster, even the provisions of lay-off cannot be applied to the lockdown period to pay lay-off compensation to the affected employees. Of course, if the financial condition permits, any employer can take care of their employees during such an inevitable calamity on the grounds of humanitarian considerations. But when the status quo continues indefinitely or intermittently, naturally, every employer would also be in trouble. Therefore, if an employer fails to pay wages for the lockdown period, no legal action can be taken against them as this is a situation of a notified disaster beyond an individual employer's control and capacity.
If any notice is received regarding this matter from the enforcement officials of the State/Central Labor Department, kindly submit a suitable reply accordingly.
From India, Salem
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Apart from the Supreme Court's ruling on the orders of the Government of India directing the employers to pay full wages to their employees for the period of State-imposed lockdown, in my opinion, since the National Disaster Management Authority had already declared the COVID-19 pandemic as a notified disaster, even the provisions of lay-off cannot be applied to the lockdown period to pay lay-off compensation to the affected employees. Of course, if the financial condition permits, any employer can take care of their employees during such an inevitable calamity on the grounds of humanitarian considerations. But when the status quo continues indefinitely or intermittently, naturally, every employer would also be in trouble. Therefore, if an employer fails to pay wages for the lockdown period, no legal action can be taken against them as this is a situation of a notified disaster beyond an individual employer's control and capacity.
If any notice is received regarding this matter from the enforcement officials of the State/Central Labor Department, kindly submit a suitable reply accordingly.
From India, Salem
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I also feel that the Inspector has come with some personal interests. But if the Inspector has a complaint from an employee that his salary has been reduced whereas the salaries of others have not been changed or are increased, then there is genuineness in the complaint. The crisis of an employer is acceptable, but reducing the salary of a single person is unfair.
From India, Kannur
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From India, Kannur
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Delhi - Minimum Wages w.e.f. 01.10.2012 (1).pdf
Minimum Wages in Maharashtra for the period January 2018 to June 2018.xls