Is It Legal for Employers to Withhold Salaries During COVID-19 Closures?

Salary Withholding During COVID-19 Closure

I'm employed on a roll. My employer is withholding my salary because my workplace is not open after COVID. They have refused to pay my salary until the location reopens. Is this legal? Can employers do this to their employees?

No Work No Pay Principle During COVID-19

Perhaps the employer has withheld your salary on the notion of 'No Work No Pay' as your location is COVID-19 affected. As per this principle, when no work is performed for any reason, then nothing is payable. However, in this case, your inability to work was due to external factors, specifically the government policy that prohibited you from working. Therefore, you can request to be paid some part of your salary, at least, to sustain yourself and your family.

Legality of Withholding Salaries

You have also raised a larger question regarding the legality of this action. Initially, the Government of India had instructed all employers to continue paying salaries; however, this directive was challenged in courts, leading the government to reverse its stance hastily. Given the current circumstances with the near-lockdown conditions persisting, it is debatable whether it remains mandatory to pay salaries. We will need to await an authentic judicial decision on this matter.

One can understand the agony of remaining on the roll but not getting paid.

But presently, there is no easy solution or legal remedy in any reasonable time frame. "No work, no pay" has happened here, though it is not due to the employees' fault.

Try and negotiate with your employer for some wages at least.

These are extraordinary times; be patient, things will get better. Keep looking out for other opportunities and exit if you secure a job of choice.

Legal options: This extract will give some perspective:

The Honorable Supreme Court (the "Apex Court"), on Friday, June 12, 2020, pronounced its order in the matter concerning the petitions filed by private companies challenging the Ministry of Home Affairs (the "MHA") order dated March 29, 2020 (the "MHA Order") which required employers to pay full wages to the workers for the lockdown period.

The Apex Court, by way of an interim order, has directed that private establishments, industries, and employers, who are willing, may negotiate terms and enter into settlements with their workers and/or employees regarding payment of wages for the period with effect from the MHA order till May 18, 2020 (the "50 Days Period") or for any other period as applicable in any particular state during which their industrial establishment(s) was closed down due to lockdown. In an earlier order, in the petitions filed, dated June 04, 2020, the central and state governments were directed not to take any coercive steps against private employers who have not paid full wages to their workers and/or employees during the lockdown.

Patience and a sharp lookout for alternative jobs are the key.

Thank you so much for your answer. I talked with my employer; it's in the cinema industry, and they told me that during the lockdown, they gave me 50% of my salary. However, now there is no revenue, so they have decided to inform me that the payment for keeping the location open is not guaranteed. They mentioned that if the location starts operating again, they will resume payments, but there is no definite answer. I am now unsure whether I should wait for the location to reopen or consider skipping the job. I am really confused.