Deduction of wages for illegal strike - notice board.. CiteHR
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D P S Chauhan Started The Discussion:

Sir,

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.

Regards,


D P S Chauhan

nilendrachand -  Member Since: Aug 2007
For the no. of days the employees were on illegal strike you can deduct wages for the same. Regards, Nilendra

D P S Chauhan -  Member Since: Sep 2007
Sir,

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.

Best wishes,


D P S Chauhan

malikjs -  Member Since: Nov 2007
dear
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.
tks
j s malik

Sanjib D Lahkar -  Member Since: Aug 2006
Dear Mr.Malik,

I was wondering, that in case the Employees in a concerted manner, without due Notice resort to a Strike(absent themselves from work)-can the 8 days deduction not be effected?

The provision of Sec 9(2) of Payment of Wages Act can be considered.

Grateful for views?

Regards,

Sanjib.

narinder.rathore -  Member Since: Feb 2009
Dear Chauhan You can displays your mobile no. if someone like me want to interact with you. Thanks. Narinder Rathore

paradoxical123 -  Member Since: Aug 2010
Dear All,

Please let me know what actions we can take against employees for mass absenteeism (15 nos) by workmen?

Can we consider it as illegal strike and deduct 8 days wages for the same?

Can we deny sick leave for that one day to workmen and treat it as LOP?

Madhu.T.K -  Member Since: Sep 2007
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.

Madhu.T.K

paradoxical123 -  Member Since: Aug 2010
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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