Stuck Without Pay: Can Labor Laws Help When Gate Pass Delays Hold Up My Salary?

I received an offer from a company instructing me to report on the 24th of August. Upon my arrival, they initiated the process of issuing a gate pass. Typically, this procedure takes three days; however, in my situation, it has extended to more than 12 days. They have informed me that I will not receive any payment or wages until I report to the site or inside the site. This can only occur once the gate pass is issued. I would like to inquire if there are any labor laws, workmen's acts, or articles that could assist me in obtaining payment for the 12 days of work.

There is a provision here that without a gate pass, you cannot enter the site. In other words, CISF personnel will not let you enter the site without a gate pass. Additionally, my company's Managing Director (MD) says that your duty days will only be counted once you have obtained your gate pass.

Gate Pass and Employee Salary Concerns

A gate pass is issued to allow employees to move out of a factory and is typically meant for on-site employees, right? If an employee is employed from the day of joining, they should receive a salary. If they are not sent to the site, they should be utilized within the factory. It is not the employee's fault if they are not allotted work. Moreover, if the CISF is managing security, it should be a public sector unit, I believe. In a PSU setup, I am concerned about how these kinds of situations arise. What is your role? What do the terms and conditions of service say about the payment of salary?

As for your matter, the company needs to pay you from the date of 24th of August until the date of issue of the Gate Pass, if there are no such conditions existing in the appointment letter.

There is no problem in considering payment in the salary, or else the company can pay a lump sum amount other than the wages for the idle period in vouchers. This is the most commonly followed practice across industries.

I do not know which factory this is, but many companies have this type of system where they have sensitive technology. It is the company's fault if they did not plan this in time or inform you to start the process early.

By law, they have appointed you, and you reported as per their directive, so they are liable to pay you. However, you need to decide whether you want to spoil your relationship over a relatively small amount. Instead, you need to appeal to the HR Head and ask for his help, explaining you just reported as they directed.

Incidentally, if you have to get inside the company to show your face to your HR or Operations team, you can also do so with a visitor pass, which can be issued if your manager tells the security that you are there to meet/work with him.