Supreme Court Orders Timely Salary Payment for Nurses Amid COVID-19

The Supreme Court has issued directions to all state governments to ensure timely payment of salaries to nurses working in private hospitals, who are involved in COVID-19 treatment.

The Court ordered that all private hospitals, nursing homes, and medical institutions must provide regular payment of salaries to nurses and all healthcare workers involved in providing healthcare services, whether it be in regular settings or for COVID-19 treatment.

The Supreme Court bench of Justices Ashok Bhushan, R. Subhash Reddy and MR Shah noted that several hospitals have withheld the salaries of nurses and healthcare workers who have been putting in long hours to provide essential services during the pandemic. It also observed that some nursing homes and hospitals are still resorting to the termination of employees or compelling them to go on leave without pay.

The Court issued notice in a plea by United Nurses Association (UNA), seeking directions for timely payment of salaries to nurses who have been providing health services during the ongoing pandemic. UNA also sought the release of salaries which are due to nurses for the months of April and May.

The Court expressed deep concern over the matter, stating that hospitals and nursing homes ought to have been more sensitive to the plight of nurses and healthcare workers in these extraordinary times.

The bench stated that State governments must ensure that private hospitals comply with the payment of salaries and allowances to their employees. It directed that wages be paid during the interim period until the new contract/term of employment is drawn up by the concerned hospitals.

“Salary must not be withheld and deductions must not be made for the same.”

The Court emphasized that any mode which bars employees from claiming their full salary is illegal and must not be enforced. Similarly, salary cuts and pay will not be allowed in any form, the Court said.

“It is essential to bear in mind that the right to receive salary is a fundamental right under Article 21 and any deprivation of the same directly affects the right to life and dignity of an individual.”

Furthermore, the Court clarified that terms of contract between employers and employees must ensure that a minimum of monthly salary and wages are paid on time. It held that any violation in adherence to Article 21 will lead to legal consequences.

The Court declared that work obligation during the lockdown gets converted to monetary income to earn livelihood and ensure payment for essential services performed in times such as these. Non-payment of wages can cause a severe dent in these already financially vulnerable times.

“Non-payment of salary/wages affects right to livelihood which is in violation of Article 21 of the Constitution of India, apart from violation of several provisions of labour laws,” the Court observed.

Referring to a few state-specific complaints made before it, the Court ordered all pending salaries to be paid to the nurses within one week. More importantly, the Court ordered all State Governments to ensure that salaries are paid on time by private healthcare facilities in their jurisdiction.

Last week, the Andhra Pradesh High Court observed that payment of salary during the current global pandemic has turned out to be the only solace and economic relief to most of the people including working class people. It cautioned that any move to cut salaries, terminate employment or change the terms, without the intervention of private commercial contracts, was a violation of Article 14 and 21 of the Constitution of India.

The observations were made by the bench in a plea against various private schools who were forcing their employees to accept an unfair decrease in salary.

The Union Finance Ministry expects India’s growth rate to decline to 1.5% this fiscal, as per a report released earlier this month. The normal is in comparison to 4.2% growth rate reported last year.The Ministry released that a sudden and deep economic decline is due to the spread of COVID-19 to various parts of the world.

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