Employers must pay wages without deduction amid the lockdown

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Employers must pay wages without deduction amid the lockdown

Prime Minister of India Narendra Modi has announced a National Lockdown to prevent the spread of the pandemic coronavirus. Since then all the information technology employees, transportation (government and private), and other businesses were asked to be closed. Few days into to the lockdown there were many letters put forth to the government that few landlords were asking their tenants who work in the hospitals to evict and now there is a case where employers were not providing full wages to the workers.

Brief Facts

When hundreds of reports were filed workers from villages far away, the report filed by them claimed that their employers were not providing them with their full wages and they were asked to go back to their villages and they were asked o evict the shelter they were provided with. With this situation the Union Ministry of Home Affairs has issued a notice to all the states saying “All the employees, be it in the Industry or in the shops and commercial establishments, shall make payment of wages of their workers, at their work places, on the due date, without any deduction, for the period their establishments are under closure during the lockdown”[i]. And have also made a statement that “If any landlord is forcing labourers and students to vacate their premises, they will be liable for action under the [Disaster Management] Act”[ii]. The order was passed by the Home Secretary on Monday with the powers given under section 10(2) (l) of Disaster Management Act, 2005. The order directs all the state authorities that all highways and expressways shall me closed and should be allowed for emergency purposes only, state borders shall be closed efficiently and the vehicles carrying goods shall be given permit. The state authorities were directed to make sure that all poor and migrant workers were provided shelter and food.

Key Features

1. Home Secretary from the Union Ministry of Home Affairs has issued an order that all the employers shall provide wages without deducting, the workers shall be provided shelter in the place they work and rent shall be asked from them during the period of lockdown.

2. The order directs the authorities in states to make sure that the poor and migrant workers are provided with food and shelter.

3. If an employer is found with not paying full wage they shall be punished under the Disaster Management Act, 2005.

4. All the highways and expressways shall be closed and shall be allowed to be used only for an emergency purpose.

5. State borders shall be closed; only movement of goods vehicles shall be given permit.

Conclusion  

As the whole nation was in lockdown to prevent the spread of the pandemic, there were few employers who were deducting wages for their workers. To help these workers the Union Ministry of Home Affairs has issued an order directing all the states to make sure that they are provided with food and shelter.

Edited by J. Madonna Jephi

Approved & Published – Sakshi Raje

End Notes

[i] Livelaw News Network, Employers Must Pay Wages Without Deduction During Lockdown; Landlords Should Not Demand Rent, Evict Workers : MHA Directions [Read Order] Live Law (2020), https://www.livelaw.in/top-stories/employers-must-pay-wages-without-deduction-during-lockdown-landlords-should-not-demand-rent-evict-workers-mha-directions-154494 (last visited Mar 30, 2020).

[ii] Livelaw News Network, Employers Must Pay Wages Without Deduction During Lockdown; Landlords Should Not Demand Rent, Evict Workers : MHA Directions [Read Order] Live Law (2020), https://www.livelaw.in/top-stories/employers-must-pay-wages-without-deduction-during-lockdown-landlords-should-not-demand-rent-evict-workers-mha-directions-154494 (last visited Mar 30, 2020).

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