D P S Chauhan Started The Discussion:
I want to know that during the strike period(illegal strike) can the wages of striking people can be deducted, if yes, for how many days or hours during a month. If there is any percentage of deduction and the maximum percentage for deduction. If any body has displayed notice in notice board in this regard please send me the same. What are the other legal measures to deal with the people who are in strke in a factory.
D P S Chauhan
Thank you very much. Please clear my doubt whether we can deduct salary for more days. If strike was for 2 hours. should we deduct for only two hours or more. I would be thankful to you if you send me a draft that has to be displayed on the notice board saying that under which clause their was will be deducted and under which Act.
D P S Chauhan
on the principle of no work no wages ,you can deduct the salary for the period workers were on strke.if they were on strike for 2 hours than u can deduct salary for 2 hour only.
if it is illegal strike you can deduct salary for maximum 8 days.but how u can say it was illegal strike because management will always say that it is illegal and workers/union will always say that it is legal.so deducting of 8 days salary is little typical.whether labour authorities has declared it as illegal than u can go ahead otherwise u should not deduct 8 days salary.
j s malik
Payment of Wages Act provides for deduction of 8 days wages in case 10 or more workers resort to an illegal strike. At the same time, as posted by Mallikji, it is very difficult to establish legality or illegality of any strike. It can be understood that striking without notice can be treated as illegal strike. But the definition of illegal strike as given in the ID Act applies to public utility service only.
But the proviso to Section 9(2) of Payment of Wages Act does not talk about legality of strike. It talks about only "ten or more employed persons acting in concert absenting themselves without due notice and without reasonable cause". Then how does the question of legality of strike arise here?
Further please clear this doubt:
the proviso ends with:
"such deduction from any such person may include such amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice"
What are these terms that the clause is talking about?
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