Hi All, Good Afternoon! If a manufactured company is situated in some XYZ state and the employees are related to another state , due to state to state transportation not allowed by the government they are not able to come (to and fro) to factory from lockdown-1 to till now, and the company also provided full salary ,now we are asking to come and join their duties, if they are not attended means company will not provide salary, now my query is
1. If not provided salary by the company any legal action can happen?
2. If employee cannot come, employer can take any action on them?

From India, Thane
Hi Bharath,
Reg.Q.2.: Nobody is going to stop you from asking your employees on roll to report for duty immediately. you are within your rights to do so.
It's not the responsibility of the employer to provide for logistics support for an employee to commute between residence & workplace. May be, if your terms of appointment provides for such a perk/arrangement to take care of transportation, say pick up & drop by your vehicle then you are free to review this facility and revert to 'make your own arrangement' to commute provided you issue proper notice & amending the terms. Even consider replacing 'pickup-drop' by conveyance allw also instead.
Inter-state travels on own vehicles are taking place between some states whenever the concerned carries authentic ePasses and/or for those carrying Test certificate. Probably you may work on that to assist the concerned, apply & get them come to worse. All said and done, in the prevailing alarming situation it's also not advisable for those indulging/ preferring in commuting inter-state to continue & insist like the old pattern in these days also. Should be made to realise the gravity of current problems.
I suggest you may take appropriate action so that they shall report to duty instead of taking shelter under covid restrictions. After all it's need not be the terms of apptt. that one should stay outside the state/place of posting. Let them take a decision whether the job or comfort of staying at home with 'no work but pay'. It has no legal backing also.
Q.1.Initially during lock-down most of the employers did disburse salary though 'no work'. But due to practical difficulties, majority of them discontinued this measure as they have no means to pay or with no/or meager revenues. Moreover all the govts have relaxed lock-down either fully or partially enabling employers to resume operations, may be with reduced work force. As such you have your defence under 'no work-no pay'. Even the SC, while hearing batch of petitions of employers upheld employers' position in this regard, though final verdict still awaited.

From India, Bangalore
HI Bharath,
No legal action will be initiated ageist you for not paying salary to your employees who do not report for work and thereby not earning wages ( no work no pay principle) Even Supreme court has upheld this position
Notwithstanding legality ,you need to think of some practical solution to the problem . But considering the lock down and the inability of workmen to attend ( that too involving inter-state transportation) you may talk to the union of workers and decide a provisional arrangement as to how you should operate your plant in terms of deployment of strength / shift modification/ some kind of monetary relief for those workmen who are really held up and scared of infection in commuting and host of other factors . This provisional arrangement may last for two or three months and if you want you van sign a Memorandum of understanding with the union(s) . This may a long way in promoting industrial harmony .
Initiating disciplinary action against those who do not report for work despite your notification during this present situation does not augur well detrimental to industrial peace
Please ponder over my suggestion and create a WIN WIN situation for both .
Former Corpoaret Head - Industrial Relatioons -MRF Ltd

IR & Labour Law consultant

From India, Chennai

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