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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