Salary of employees

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This query is : Resolved

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During the April 2020 lockdown, an employer questioned their liability to pay staff when no work was possible and no income was generated. However, advisories from the Labour Ministry strongly recommended against terminating or reducing wages for employees during this period. These advisories stated that employees should be considered 'on duty' without wage deductions, even if the workplace was non-operational due to COVID-19.

DIVYESH JAIN

DIVYESH JAIN (Querist)
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15 April 2020 Dear Sir,

Is employer liable to give salary to the employee for April 2020 as the lockdown is now extended for next month.

There is no work from home and there is no income earned by the company during this lockdown period.

Please suggest a remedy.

Regards,
Divyesh Jain

Spurto Consultancy Services

Spurto Consultancy Services (Expert)
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15 April 2020 At this time of crisis, it is moral and humanitarian responsibility to support your staff who are dependent upon you.

KAVIRAJA ADDANGADI

KAVIRAJA ADDANGADI (Expert)
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16 April 2020 the Labour Ministry issued advisories to the employers’ associations not to terminate their employees (especially precarious workers) and reduce wages for their absences, among others. Curiously, the advisory assumes a legal dimension when it says: if the workers take leave during the lockdown period they should be “deemed to be on duty without any consequential deduction in wages…Further if the place of employment is to be made non-operational due to COVID-19, the employees of such unit (sic) will be deemed to be on duty.”

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