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Employer's obligation to pay employees if they don't come to work
22-Apr-2023 (In Labour & Service Law)
​Should companies provide pay to their employees even if they are unable to come (or prohibited from coming) to work due to the COVID-19 outbreak?
So far as the period of lockdown is concerned, until the nationwide lockdown remains in effect, the Government of India has directed all the employers to pay the wages to their workers on the due date without any deduction.
However, after the period of lockdown is over if the employee avails leave in excess of the leave available to him, the Employer is entitled to deduct wages in accordance with its extant policies. There is no legal bar on the Employer from deducting salary for days of absence (after the lockdown is over) in excess of the days provided for under the relevant policies/contract of employment. However, given the present scenario, it will be advisable for the employer to not deduct wages in the event an employee is suffering from COVID-19.
However, after the period of lockdown is over if the employee avails leave in excess of the leave available to him, the Employer is entitled to deduct wages in accordance with its extant policies. There is no legal bar on the Employer from deducting salary for days of absence (after the lockdown is over) in excess of the days provided for under the relevant policies/contract of employment. However, given the present scenario, it will be advisable for the employer to not deduct wages in the event an employee is suffering from COVID-19.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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This will depend on the terms of the employment and the terms of the offer letter/ appointment letters of the Employees. It will further depend on whether they are employees or labourers and thus the class and pay of the employees are also important.
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Adv. Tejasv Anand
Delhi | 100+ Answers
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