Dear Seniors,
One of my friends was working with a manpower service provider. They have been involved in the skill development program and registered under the trust. During the COVID-19 pandemic, his services were utilized, and he was working from home. However, in May 2020, a new letter from the Ministry of Home Affairs (MHA) was issued, and in June, the employer sent an email on June 20, 2020, stating that, as per the discussion in March 2020, there is a policy of 'no work, no pay,' even though there was no such discussion.
Salary has not been paid since April 2020, and the pay cycle was from the 21st to the 20th of each month.
What can be done and how? Kindly suggest.
From India, Patna
Acknowledge(0)
Amend(0)
1One of my friends was working with a manpower service provider. They have been involved in the skill development program and registered under the trust. During the COVID-19 pandemic, his services were utilized, and he was working from home. However, in May 2020, a new letter from the Ministry of Home Affairs (MHA) was issued, and in June, the employer sent an email on June 20, 2020, stating that, as per the discussion in March 2020, there is a policy of 'no work, no pay,' even though there was no such discussion.
Salary has not been paid since April 2020, and the pay cycle was from the 21st to the 20th of each month.
What can be done and how? Kindly suggest.
From India, Patna
Acknowledge(0)Amend(0)
Applicability of the Industrial Dispute Act, 1947
What is the designation of your friend? How many subordinates reported to him? If no subordinates reported to him, then the provisions of the Industrial Dispute Act, 1947, are applicable to him. Under the provisions of this act, he can file a complaint in the labor office under whose jurisdiction your friend's company falls. Ask him to submit a written application for the non-payment of wages. Your friend is entitled to receive his salary for the period he was officially on the company's payroll.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
What is the designation of your friend? How many subordinates reported to him? If no subordinates reported to him, then the provisions of the Industrial Dispute Act, 1947, are applicable to him. Under the provisions of this act, he can file a complaint in the labor office under whose jurisdiction your friend's company falls. Ask him to submit a written application for the non-payment of wages. Your friend is entitled to receive his salary for the period he was officially on the company's payroll.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Nitesh, your friend, being a managerial cadre employee, has no locus standi to get redress for his employment grievances under the labor laws. The alternative available to him is to sue his employer in a civil court for breach of the contract of employment and claim the amounts due for the entire period he worked from home, together with damages. Of course, it would be a time-consuming process, and your friend will have to engage the services of a civil lawyer.
From India, Salem
Acknowledge(1)Amend(0)
From India, Salem
Acknowledge(1)Amend(0)
Thank you, Sir, for your suggestion. I would like to know more about it, specifically how to proceed, as my friend was also asking that at least the salary for the working time of 3 months (April/May/June - Pay cycle was from 21 to 20) should be provided. Also, which kind of lawyer to consult and the approximate charges that would incur.
Regards, Nitesh
From India, Patna
Acknowledge(0)Amend(0)
Regards, Nitesh
From India, Patna
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
N Covid 19 Corona Virus Dos & Don'ts - .docx
LEGAL IMPACT ON PF - INTERNATIONAL WORKERSppt.pdf