Whether it is legal for an employer to withhold an employee’s salary. The legal issue at hand is whether it is legal for an employer to withhold an employee’s salary for May 2020, on the grounds of treating the employee as absent, when the employee stayed at home during lockdown under the protection of vulnerable people clause. The employee in question is an employee of the WB Govt. STU and has multiple co-morbidities, making them vulnerable to the COVID-19 pandemic. The employer’s decision to withhold the salary may raise questions about the employer’s compliance with labor laws and regulations, specifically regarding the rights and protections of vulnerable employees during a pandemic. This legal issue could potentially involve an analysis of the terms and conditions of the employee’s contract, labor laws, and regulations related to employee rights and protection, as well as any government guidelines related to vulnerable employees during the COVID-19 pandemic.
In India, it is generally illegal for an employer to withhold an employee’s salary. According to the Payment of Wages Act, 1936, employers are required to pay their employees their wages on time and in full. This applies to all types of employment, whether it is contractual, temporary or permanent.
The Act also states that wages cannot be withheld for any reason, unless it is authorized by law, such as tax deductions or court orders. In cases where an employee has been absent from work without prior permission, the employer may deduct wages for the days the employee was absent.
If an employer withholds an employee’s salary without a valid reason, the employee can file a complaint with the labor authorities or approach the labor court for redressal. The employer may be liable to pay damages and face penalties under the law.
