Chapter 5.14 - Laws Relating to non-Payment of Wages

The title of law called vetanādāna contains the laws concerning payment and non-payment of wages of the labourers. Hence, it regulates the rights and liabilities of the employer and employee or master and servant. The servant or employee is under obligation to accomplish the work, agreed to be done in lieu of wages. Yājñavalkya provides that when a servant refuses to do or does not perform the work, which is undertaken by him after receiving the wages, he has to repay the employer double the amount. The amount of compensation liable to be paid is less i.e., equal to the wages, in case, he has not received anything before leaving the work. The servants are made liable to preserve or protect household articles, implements, or instruments to the best of their abilities.^[1]

Yājñavalkya prescribes the legal rate of wages when no amount of wage is fixed. A person who causes a servant to work for him without settling his wages, the king must make to pay him to that servant tenth part of the profit realised from trade, cattle or agricultural production depending upon the nature for which he is employed.^[2] However, in certain circumstances, the wages may vary from the fixed one. If a servant works in contravention of the place, time, etc., and causes a decrease on amount of profit, then the master gets the right to pay according to his will. If the servant on the other hand makes a greater outrun in such case, he should be paid more than the fixed wages.^[3] The rule pertaining to joint venture of two or more workers is stated to be that, if they cannot finish the work, they are entitled to wages to the extent of the work, i.e., as much as a man accomplishes. If the work is completed then they receive as agreed upon.^[4]

According to the Mitākṣarā, it is necessary that they should be unable to accomplish because of illness or the like sufficient cause.^[5] The rules relating to carrier or transportation are also laid down by Yājñavalkya within this title of law. The law holds transporters responsible for loss of the cargo occurred for his own fault. If the vessel or goods entrusted for carrying are lost, damaged or deteriorated provided it is not caused by the act of the king or god or any other accident, etc., the carrier is compelled to pay for the loss. One has to pay double the amount of wages as penalty, who puts obstruction at the time of starting for some auspicious purpose. In case, the carrier leaves after setting out, then he has to pay one-seventh part, one-fourth to be forfeited if declined on the way, and whole amount of wages to be given if he abandons midway. A master dismissing a servant on the way or before or before the completion of the work is also compelled to pay in similar manner.^[6]