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Anonymous
1

Recently strike for 2 days was resorted by all trade uninons in india, many of the trade unions were supported to this strike. Our company;s external union have also supported but the notice of strike is given to us before 2 days only. Due to this production process was shut. Whethre we have to pay wages for these 2 days of strike?
From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Tsivasankaran
Consultant
Arunmjadhav
Assistant Manager-hrd
Ankita1001
Sr. Hr Executive @ Polymerupdate
Loginmiracle
Consultant & G.m.
+1 Other

Gurgaon HR
94

Clear NO !! because once they will get benefit of attendance on the day of strike then they will always support any nonsense of trade unions.
I advice not to give any attendance.
Chill HR
https://www.facebook.com/HRGang

From India, Gurgaon
arunmjadhav
190

Simple rule for strike.........."No work ........No Pay" Their is no question of paying for non attendance................ Arun J.
From India, Hyderabad
tsivasankaran
367

No work no pay is always the rule. Foe any such strike, no pay is the rule and Unions also do not expect payment for these two days. It is established rule
But using words like "nonsense' about any body is unethical and one should restrain from using any such language.
I hope members learn here
Thanks

From India, Chennai
Gurgaon HR
94

Dear Tsivasankaran,
Seems you are not aware what trade unions have done during 2 days strike. Open your old news papers or else go to youtube for more details. Even after you think what they have done is "Sense" then hats off to you.
Chill HR
http://www.facebook.com/hrgang

From India, Gurgaon
tsivasankaran
367

I initially thought I would not respond to this post. However, expression of views must be in a language acceptable to all. I was only saying using words like "nonsense" etc about any one or any body is not a good practice. They have struck work and dont pay for the same. They have damaged property, file a suit for damages.
I have read news papers and I am reasonably keeping myself updated about what is happening Thanks for your suggestion that I should read newspapers.
The issue is not about correctness of what was done...the issue is using certain terms in public forums. The language which we use in a closed room can not be used in public

From India, Chennai
Gurgaon HR
94

Dear Tsivasankaran,
I am very much aware and clear about the language i have used. it is sometimes the others reaction about particular word. Advice you to consult the meaning of "Non-Sense" in your dictionary for better understanding:
Few references for your ready reference :-
Non-Sense: - Meaning
1. statements or beliefs that are untrue or make no sense
2. Something that makes no sense; words with no meaning
3. Ornamental objects of no great value
Request you not to divert the topic with what you think instead what someone's mean.
Chill HR
https://www.facebook.com/HRGang

From India, Gurgaon
loginmiracle
362

Dear friends,

It's worth recollecting the S.C.judgments on this issue (AIIMS). I attach the analysis of the subject appeared in The Hindu for further deliberation of members.

"Kerala Judgement

Recall, in August 2003, the Supreme Court had expressed its anguish over strikes. Upholding the Kerala and Calcutta High Courts’ judgments declaring bandhs as “illegal and unconstitutional way of collective bargaining”, it had ruled, that Government employees had no “fundamental, legal, moral or equitable right” to go on strikes whatever the cause, “just or unjust”. Pointing out that aggrieved employees had other options available to them, the Bench opined: Strikes as a weapon is mostly misused, which results in chaos and total maladministration.

Adding: “In a democracy, government employees are part and parcel of the governing body and have a duty to society. They cannot hold society to ransom.” To buttress its contention, the Court observed: “The law on this subject is well settled and even a very liberal interpretation of Article 19 (Freedom of Expression) cannot lead to a conclusion that trade unions have a fundamental, guaranteed right to an effective collective bargaining or to strike either as part of collective bargaining or otherwise.”

The Apex Court’s judgment also upheld the Kerala Court’s distinction between a hartal and a bandh. It held that a hartal was a form of passive resistance and a call for it did not involve force. However, a bandh was an enforced muscle flexing act which interfered with the freedom of citizens. A bandh call might completely halt locomotion and, as a result, involve life and property, particularly of those who attempt to go against the strike call.

Trust our “law abiding” netagan to circumvent the Court’s ruling. They simply replaced their call for bandh by hartal. To plug this loophole, the Supreme Court and the Kerala High Court, yet again directed the Election Commission to entertain complaints seeking de-recognition of political parties that called for hartals by “force, intimidation --- physical or mental --- and coercion was unconstitutional”. They even imposed a fine on holding of bandhs and hartals. (The Bombay High Court ordered the Shiv Sena and BJP to pay Rs.20 lakh each to compensate for losses incurred during a bandh organized by them in 2003). Predictably, this led to a political uproar. Nothing more, nothing less".

kumar.s.

From India, Bangalore

Attached Files (Download Requires Membership)
File Type: doc STRIKE & BANDH-NO WORK NO PAY-THE HINDU.doc (30.5 KB, 1013 views)

MANJUNATH G.K.
51

Dear Fried,
As most of my friends expressed their views on the Bundh and payment for those two days. I do agree with them all - No Work, No Pay." If the Union and workmen have come forward to compensate those two days on their weekly off days or any holidays, the wages for those two days can be considered.
In our organisation, we considered their request with a give and take policy. This will pave way for better industrial relations.
This is my view.
G.K.Manjunath
Sr. Manager-HR

From India, Bangalore
Ankita1001
737

Dear Anonymous,
with regards to your query as quoted below:
Since your union supported the strike, and you suffered and since proper notice period was not given you are not bound to pay.
Though labor welfare states that going on strike is a right to union to voice their concern, they also mention that that should be the last thing to be done. Firstly there should be proper meetings and demands should be placed in front of the management. Thereafter a proper notice period should be given which is as per my understanding atleast a week prior to the striking day. 2 day's notice do not give enough time to have another strategy to avoid loss.
Also note how the external union influences your firm. You may have to bring this to their notice before you give them their pay and they get agitated on reduced pay. Make things clear first and then pay.
Hope it helped.

From India, Mumbai
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