The Ministry of Labour and Employment, Government of India vide advisory no. M-11011/08/2020-Media dated 20/03/2020 having title “In this critical time of the coronavirus (COVID-19) epidemic, the Ministry of Labour and Employment advises all public and private employers to support their employees and workers” states: -
“In the backdrop of such challenging situation all the Employers of Public/Private Establishments are advised to extend their coordination by not terminating their employees, particularly casual or contractual workers from job or reduce their wages. If any worker takes leave, he should be deemed to be on duty without any consequential deduction in wages for this period. Further, if the place of employment is to be made non-operational due to COVID-19, the employees of such unit will be deemed to be on duty”
The question now remains that even after a non-ambiguous advisory from the government; some employers have not paid proper remuneration. The employers seem to wrongly rely on the legal principle of “NO WORK NO PAY”. Let us now evaluate this from a legal prospective –
The principle was evaluated by the honourable Supreme Court in the case of Union Of India Etc. Etc vs K.V. Jankiraman (1) as “The normal rule of "no work no pay" is not applicable to cases where the employee although he is willing to work is kept away from work by the authorities for no fault of his. This is not a case where the employee remains away from work for his own' reasons, although the work is offered to him.”
See this for full discussion PAYMENT OF SALARIES DURING COVID-19 LOCKDOWN
“In the backdrop of such challenging situation all the Employers of Public/Private Establishments are advised to extend their coordination by not terminating their employees, particularly casual or contractual workers from job or reduce their wages. If any worker takes leave, he should be deemed to be on duty without any consequential deduction in wages for this period. Further, if the place of employment is to be made non-operational due to COVID-19, the employees of such unit will be deemed to be on duty”
The question now remains that even after a non-ambiguous advisory from the government; some employers have not paid proper remuneration. The employers seem to wrongly rely on the legal principle of “NO WORK NO PAY”. Let us now evaluate this from a legal prospective –
The principle was evaluated by the honourable Supreme Court in the case of Union Of India Etc. Etc vs K.V. Jankiraman (1) as “The normal rule of "no work no pay" is not applicable to cases where the employee although he is willing to work is kept away from work by the authorities for no fault of his. This is not a case where the employee remains away from work for his own' reasons, although the work is offered to him.”
See this for full discussion PAYMENT OF SALARIES DURING COVID-19 LOCKDOWN