Can We Deduct Wages for Absent Employees in Essential Services During COVID-19?

Dear All,

We are a pharma and cosmetic manufacturer in Uttarakhand, producing hand sanitizer and personal hygiene items with state government permissions. Hand sanitizer is an essential commodity during the current COVID-19 scenario. We have informed our staff and workers as per the plan to attend their respective duties, but most of them are not responding or attending.

The attached office order from the Labour Commissioner clearly states that all workforce required for essential commodities production are not covered under the appeal for wages without work.

Seeking Advice on Wage Deductions

What is your opinion? Can we deduct the wages of non-attending staff/workers? Is any pre-intimation required for individuals or the department?

Please advise.

Regards, Kuldeep Verma

Dear Kuldeep, of course, the employer is empowered to deduct wages on the basis of the "No work-No wages" doctrine. However, it is important to be considerate, acknowledging the contagious nature of the prevailing virus and the restrictions imposed by the lockdown on the movement of people. It is crucial that all preventive and safety measures are maintained within the manufacturing facility to prevent the possible spread of the virus, along with proper arrangements for food and shelter, etc. Despite such facilities being provided by the management, if anyone does not come to work, except for reasons related to COVID-19 infection to themselves or any member of their family, the employer can deduct wages, treating the entire period of absence as unauthorized.

The call to work should also contain this information.

Dear Kuldeep,

You only pay for the period of attendance. You also call for an explanation for not coming to duty.

GoI's circular issued regarding attendance in workplaces during May 20 is attached for information and guidance.