To Pay or Not to pay! what to do?
Please find the another write up. Which based on new order released by
Ministry of Home Affair which lead employers to hold payment.
(Please Note- since drafting is done via mobile so it may be porn to typo error.)
All employers are being misled and confused by news
& articles which is being published that they don’t have to pay full
wages in lockdown as per new notification.
This doesn’t mean that you don’t have to pay at all for entire period of lockdown , it only means from 18th May onwards it may not be compulsory to pay in these unprecedented times .
Further , most important note to all for Maharashtra notification dated
31st March which says clearly that you need to pay full Wages and
subsequently in the order under DM Act dated 17th May for Maharashtra
for extending the lockdown from 18th May to 31st May , in the last
paragraph it is clearly said that all earlier orders is “aligned” with
this order , which also means that full wages to be paid till 31st May
for Maharashtra Likewise any other state issuing order under DM act
state rules will be applicable
This doesn’t mean that you don’t have to pay at all for entire period of lockdown , it only means from 18th May onwards it may not be compulsory to pay in these unprecedented times .
Following options may be exercised-
· Upto 17th May need to pay full wages for employees working / not working from home for non-essential services
· For
essential services , if the arrangements were done by employer to
attend the workplace , if the worker still doesn’t attend , he may be
marked absent or otherwise he needs to be paid wages
· From
18th May onwards - if there is a policy of work from home and based on
the said policy , worker / employee has demonstrated his work by way of
timesheet as per the policy , then full Salary needs to be paid
· If
there is an ability to come to workplace due to restrictions lifted but
willingness of the employee is not there and doesn’t report to work as
called upon , he may be treated as absent If there is willingness to
work but the employee cannot come to work due to inability / red zone /
containment or lack of transport , it is now left as a prerogative of
the employer to pay wages or not.
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