Umakanthan53
Labour Law & Hr Consultant
Kritarth Consulting
Posh Programs; Hr Management Consultants
[email protected]
Hr Manager In A Psu

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Respected Seniors!!! How many times an employer can issue No Work NO Pay to a workman, who puts biometric attendance and do not go to workplace sits at rest shelter everyday..inspite of controlling officer asks him to attend duty.
My Query sirs..
1. Is there any limits to issue no work no pay memos ?
2. What is the best method to tackle such situations other than standing orders.
3. If we issue a chargesheet for this misconduct.
4. Can we issue again no work no pay for same misconduct, when the workman is allowed for duty with pending enquiry.

From India, undefined
Reporting for Duty and Not Resumig Duty alloted, repeatedly, amount to Grave Misconduct and Necessary Disciplinary Action as prescibed, must be taken in accordance with th Principles of Natural Justice and once the Inquiry Report with Definite and Conclusive Findings are submitted Prescribed Punishment ought to be taken
Such repeated Acts of Misconduct Vitiate the Workplace.
Kritarth Team
6.3.2020

From India, Delhi
Dear Ss.R,
Every contract of employment comprises of reciprocal promises to be fulfilled by the parties to the contract. Therefore, an employee who wantonly fails to do the work normally allotted to him by his employer loses the right to claim wages. If we peruse the various judgments of the High Courts and the Supreme Court of India in this regard, the common ratio decidendi that could be deduced is that the doctrine of no work-no pay cannot have a rule of thumb application. It has to be applied on case to case basis only for normally it is not a penalty but denial of an employment benefit arising out of the failure of a corresponding employment obligation. So, the failure to do the work should not at all be attributable to the employer's refusal to deny access to the place of work or inability or unwillingness to allot the work. That's what is implied in the entire provision of section 9 of the Payment of Wages Act,1936 dealing with deductions for absence from duty. Even in respect of a case wherein the PW Act,1936 is not applicable, it would be a breach of the contract of employment on the part of the employee resulting in consequential denial of pay for any such wage period. When the employee refuses to work repeatedly, needless to say that automatically he also incurs himself to the misconduct of insubordination, apart from losing wages. Therefore, you can initiate a formal disciplinary proceedings against him based on the principles of Natural Justice together with denial of wages as long as he refuses to work though present in the place of work..

From India, Salem
Dear friend,
The principle of 'No work no Pay ' is not the solution. Rather you can put him in suspension for this misconduct for not Reporting at work place for his Duty and as not Reporting to work spot means absconding from work place after attendance.
Ask the department head of the workmen to issue explanation for such misconduct and why management would not shunt him from his services for gross misconduct.

From India, Mumbai
Mr.Prabhat Ranjan,
The alleged act of misconduct is not absenteeism but whiling away at the rest shelter after marking attendance for every day. While so, if he is placed under suspension he has to be paid subsistence allowance apart from denial of entry into the work premises. Therefore, leaving him as he is, the management can initiate disciplinary action against him.

From India, Salem
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