Things To Remember While Drafting A Valid Employment Contract
It is not legitimate to expect to be paid when one is on LWP on the basis of ' No work-No pay'.During LWP, the employer-employee relationship continues, the lien on the job is unaffected except that one is not paid anything-basic or CTC.
I have not yet come across any case law as you want. But yes. I know a couple of cases where there is logic. In one company, HRA was not related to attendance. As such even when an employee was absent throughout month, he will not get any wages but he will get HRA. Reasoning was he had to pay House Rent even when he is absent. Secondly if we see the history of wages, before 1st world was, i.e. 100 years ago there was only basic. there were no allowances. Later as prices started rising and workers started demanding more wages, instead of increasing basic, allowances were introduced. If we see the price rise in terms of percentage, if it was only basic, the wage would have been manifolds that what it is now. This means the workers are getting less wages. Then why not pay when worker is absent on sanctioned leave without pay? There are many cases when any employee becomes inevitable for employer, even when employee is absent, employer pays the worker as retainer charges. Conclusion - remuneration in whatever way when on sanctioned leave without pay is not of dustbin value.