Employee Strikes: Do Workers Get Paid During Strike Days?

If any employee participates in a strike, will they receive their salary during the strike days?

Dear Pavani,

As per the Industrial Disputes Act, if the strike is legal (that is, if the notice has been given by the union that they will be going on strike before the commencement of the strike, then the workers are entitled to wages). However, if the strike is illegal and no prior notice has been given, then no workers are entitled to salary, and hence their wages are to be cut.

I am also attaching the Industrial Disputes Act material so that the answer can be more clarified...

Regards,
Ankit
09869851356
ankitchtrvd@gmail.com

Dear,

On the basis of the principle of "No work, no wages," the striking employee is not entitled to any wages for the strike period. The appropriate government is empowered to prohibit the strike, but the determination of a legal or illegal strike is to be made by the Labour Court cum Industrial Tribunal only. The labor court may or may not grant any relief to the striking workers or employees.

Opinion/Comments submitted as requested.

Regards,
R.N. Khola

Court Decisions on Strike Payments

As a matter of principle, courts do not order payment for the striking period. Legal and justified strikes may be exceptions. Justified illegal strikes, unjustified legal strikes, and unjustified and illegal strikes are the other three classifications by the courts. Under these three situations, courts do not order payment.