Salary to Workers During Lockdown, Whether Key to Help Out People in Distress

  • Nancy Goel
  • June 25, 2020

Content :

In this paper, the key area of concern is that whether during lockdown salaries/wages must be paid to workers or not; and if it is paid whether it would prove to be a key to help people in distress. “Workers” here refers to workers working in a private organization as government employees are already getting their salaries/wages by the government. When it comes to the private sector, it remains a big question whether they must be paid or not? 
Various orders and advisories have been issued by the government directing the payment of wages to workers. But due to the lack of any legal sanction these orders cannot be treated as mandatory, they could only be treated as moral or humanitarian obligations. The other argument is that while passing these orders the government has overseen the negative effects that such orders might have on the employers. Since there is no inflow of resources due to halt in the production process, if the payment of wages is made compulsory/mandatory, it would push many employers especially small industrial units such as MSME’s into insolvency; some units might even have to close their units due to lack of financial resources which would even create a worse condition rendering the workers jobless and unemployed. 
The Indian Constitution under Article 21 makes it obligatory on the State to protect life and personal liberty of people. To provide the right to livelihood, right to pollution-free air, etc. The right to life does not mean mere animal existence; it means the right to live with human dignity. According to Article 21, the State must provide help, support, and assistance to people when in need. Hence, another argument is that since the State must help people, it cannot be shifted to private establishments. 
Various petitions have been filed before the Supreme Court seeking a stay on the Ministry of Home Affairs Order directing payment of wages to workers during the lockdown. The Supreme Court refused to intervene and also to grant a stay on the order. 
Therefore, the question we are concerned of here: whether paying of salaries/wages during lockdown would help people in distress; comes up with the answer that if mandatory obligations are imposed on private sector employers to pay workers during lockdown then instead of helping the people in distress,  it would result in creating a distressful situation for the private sector employers. This will create a severe and adverse impact by creating havoc in the private sector. And the major sufferers will be the small scale industries. The large scale industries that are capable enough to pay off their employees are already providing them with salaries, several examples of which are mentioned in this paper. 
Hence, the obligations for mandatory payment could only be moral and not legal. The conclusion which could be drawn up is that until suitable economic policies and financial measures are brought in by the government to support industry and economy, the adverse impact of lockdown will continue to affect the businesses.