Rkn61
Hr Manager
[email protected]
Retired Government Servant/advocate

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Dear Experts, We are an construction based company at Bangalore with more than 140 employee in the organization.
During the lockdown situation our employee not attend the regular duties in the month of April 2020.
Here i would like to seek your suggestion in terms of can we adopt "No work No pay " during cases.
If any employee approaches labor department or court what is impact on organization.
What are the legal concerns later.
Attached supreme court statement for your reference .
https://www.thehindu.com/news/nation...le31458249.ece
By keeping all these in view kindly suggest us for best practice.

From India, undefined
By now, expert opinions have been emerged from many seniors on the subject.
Please peruse the link, where you will get more insight.
https://www.citehr.com/618965-act-em...ml#post2443377
Thanks.

From India, Aizawl
Dear Friend,
The govt made an appeal to all employer to pay and see the requirement of employee.
There were some employers who did justice to the call of Govt,. As many defy the guidelines resulted plight of workmen for their home land.
There is nothing wrong to adopt "No work No pay ".
You should stick to your point "No work No pay " in case of any employee approaches labor department or court. I presume that there would be no legal action by the authority because the Supreme Court asked not to prosecute for non-payment for lock down period. Moreover, the MHA has also withdrawn the guidelines, so there is no fear.

From India, Mumbai
MHA order : As per para 3 of latest MHA order/guidelines, save as provided in annexed guidelines,
all earlier Orders by National Executive Council u/s 10(2)(I) of Disaster Management Act 2005 shall cease to have effect from 18/5/2020.
Ideally this would mean that MHA order dated 29/3/2020 with respect to payment of wages
for lockdown period shall cease to have effect from 18/5/2020 unless so specifically clarified
or reiterated by the Government.
Howevere, this decision will have prospective effect while issue of payment of wages for
lockdown period till 17/5/2020 is still subjudice before hon'ble Supreme Court.

From India, Aizawl
There cannot be a definite answer even in respect of the period up to in as much as the Government, strictly on legal terms, has issued only Advisories and not Orders. No employer could be forced to employ them, being short of reason, logic or even legal authority. An employer cannot be found fault in adopting 'no work, no pay'. However, the compulsions of the situation requires that the employer should not be dogmatic but ensure that no employee should be denied a 'subsistence allowance' not less than living wages during the period.
From India, Kochi
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