Facing Unpaid Salary Due to Nonexistent 'No Work, No Pay' Policy – What Can Be Done?

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.

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

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.

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