Salary Issue

1. you can serve the employer with a representation to make payment of the salary for the lockdown period as per the suggestion of the concerned ministry,

avoid starting any litigation right now, wait for the lockdown period to conclude

avoid starting any litigation right now, wait for the lockdown period to conclude

once the period is over, and if you were not paid for the lockdown period you can start litigation  

since the strength of employees is quite sufficient, therefore, you (together) can think about filing a PIL/Writ petition for issuing directions to all companies not to cut the salary of its employees during the lockdown period

Hello Malay

The labour and employment ministry had issued an advisory on march  to all private companies requesting them to follow a similar measure. That is, to treat their workers to be ‘on duty’ and not deduct their wages if they are compelled to sit at home due to the pandemic. It has  asked the chief secretaries and concerned ministries to issue necessary directions to employers/owners of all establishment under their purview and also the ministry of finance( department of expenditure) has issued office of memorandum dated 23.02.2020 to not cut off salaries especially for the especially contractual workers in the government organisation.

The ministry has asked to state and UT to issue necessary advisories and many private companies has voluntarily agreed to that by filing a compliance report, though it is to be noted that an advisory is not a legally binding order as held in Kritika Padode v. Union of India & Anr. (2016 SCC Online Del 4360) (available here) therefore even if the the private companies don’t comply with the advisories there is  no legal remedy.

Read more at:

 https://www.deccanherald.com/national/labour-ministry-asks-states-concerned-ministries-to-ensure-no-job-or-pay-cut-by-employers-amid-lock-down-817002.html

https://iltb.net/the-chilling-effect-of-an-advisory-2592fe85dafa

just tweet your complaint to https://twitter.com/labourministry

It is better to make represantation to your HR and do not take any steps that would strain your relationship with employer. If there is joint request to compnay to release the full salary that would be much better