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What did Ministry of Home Affairs state in the May 17th, 2020 Order with regard to the ‘Payment of Wages’?

On 29th March, 2020, Ministry of Home and Affairs had issued an Order wherein additional measures to alleviate the hardships of migrant workers was the focus.

Following the above, National Executive Committee in exercise of its powers conferred under Section 10(2)(1) of Disaster Management Act, 2005, State/UTs were asked to issue necessary order and 5 additional measures were issued amongst which, following was with regard to payment of wages to workers,

All employers, 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.

According to the said order, Employers were asked to may payment of wages without any deduction for the period of closure to the workers.

Whereas, according to the May 17, 2020 Order wherein the guidelines for Lockdown 4 has been issued, Ministry of Home Affairs has explicitly stated that the following:

“Whereas, save as otherwise provided in the guidelines annexed to this Order, all Orders issued by NEC under Section 10(2)(1) of the Disaster Management Act, 2005, shall cease to have effect from 18.05.2020”

According to the said statement, the measure regarding payment of wages by the employers without any deduction for the period of closure to the workers shall have a ceased effect which came into effect from 18th May, 2020.