Dear Seniors, In case of Labour law can you explain in detail the term " Back Wages " Best Regards, Prashant
From India, Pune
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47From India, Pune
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Hi Prashant,
Back pay is a remedy for wage violations. An order for back pay requires that the employer make up the difference between what the employee was paid and the amount he or she should have been paid. Among other Department of Labor programs, back wages may be ordered in cases under the Fair Labor Standards Act (FLSA) on the various federal contract labor statutes.
Hope you got the answer.
Rushikesh Thanedar
From India, Mumbai
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Back pay is a remedy for wage violations. An order for back pay requires that the employer make up the difference between what the employee was paid and the amount he or she should have been paid. Among other Department of Labor programs, back wages may be ordered in cases under the Fair Labor Standards Act (FLSA) on the various federal contract labor statutes.
Hope you got the answer.
Rushikesh Thanedar
From India, Mumbai
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Dear Mr. Thanedar, Thanks fro your reply. My query is; If the court issues order of reinstatement of an employee with " 50% Back wages " so what is this "Back Wages "
From India, Pune
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From India, Pune
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Dear Prashant,
"If the court issues an order of reinstatement of an employee with "50% Back wages," it means you need to take back the employee on your payroll (presuming you had terminated him earlier) and also give him half the wages for the period during which he was not paid. So, if the employee was terminated and the case dragged on for five years, you'll have to pay 50% of the wages for the past five years in a lump sum.
Such orders are common whenever a Labour Court finds that an employer has terminated an employee illegally or without sufficient cause.
Since the employee has been wrongfully denied a livelihood by the company, he is eligible for full salary. However, owing to the fact that the employee had not rendered any actual service, the courts, at times, award only up to 50% or half of the wages.
This is an instance of how the Indian judicial system protects the rights of workers in cases of random, unfair, and illegal actions by employers.
I hope the concept and the judgment are clear to you now.
Warm regards.
From India, Delhi
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"If the court issues an order of reinstatement of an employee with "50% Back wages," it means you need to take back the employee on your payroll (presuming you had terminated him earlier) and also give him half the wages for the period during which he was not paid. So, if the employee was terminated and the case dragged on for five years, you'll have to pay 50% of the wages for the past five years in a lump sum.
Such orders are common whenever a Labour Court finds that an employer has terminated an employee illegally or without sufficient cause.
Since the employee has been wrongfully denied a livelihood by the company, he is eligible for full salary. However, owing to the fact that the employee had not rendered any actual service, the courts, at times, award only up to 50% or half of the wages.
This is an instance of how the Indian judicial system protects the rights of workers in cases of random, unfair, and illegal actions by employers.
I hope the concept and the judgment are clear to you now.
Warm regards.
From India, Delhi
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