Can Wages Be Deducted During an Illegal Strike? Seeking Legal Insights and Limits

Dear Sir,

I would like to inquire about the possibility of deducting wages during an illegal strike. Specifically, I am interested in knowing if wages can be deducted for a certain number of days or hours within a month, and if there is a specific percentage or maximum limit for such deductions. If there has been any notice posted on the notice board regarding this matter, I kindly request a copy for reference. Additionally, I am curious about the legal measures available to address individuals participating in a strike within a factory setting.

Regards,
D. P. S. Chauhan

For the number of days the employees were on an illegal strike, you can deduct wages for the same.

Regards,
Nilendra

Dear Sir,

Thank you very much for your assistance. I would appreciate it if you could clarify whether we are permitted to deduct salary for additional days beyond the duration of a strike. For instance, if a strike lasts for only 2 hours, should we deduct wages for just those 2 hours or for a longer period? Additionally, I kindly request a draft for a notice board announcement that specifies the clause or Act under which the deductions will be made.

Best wishes,
D. P. S. Chauhan

Dear,

On the principle of "no work, no wages," you can deduct the salary for the period workers were on strike. If they were on strike for 2 hours, then you can deduct salary for 2 hours only. If it is an illegal strike, you can deduct salary for a maximum of 8 days. However, determining whether it was an illegal strike can be challenging because management will always claim it is illegal while workers/unions will say it is legal. Therefore, deducting 8 days' salary is a bit complicated. If the labor authorities have declared it as illegal, then you can proceed with the deduction; otherwise, you should not deduct 8 days' salary.

Thank you,
J.S. Malik

Dear Mr. Malik,

I was wondering, in case the employees, in a concerted manner and without due notice, resort to a strike (absent themselves from work), can the 8 days deduction not be effected? The provision of Section 9(2) of the Payment of Wages Act can be considered.

Grateful for your views.

Regards,
Sanjib

Payment of Wages Act and Illegal Strikes

The Payment of Wages Act provides for the deduction of 8 days' wages in case 10 or more workers resort to an illegal strike. As mentioned by Mallikji, it is very difficult to establish the legality or illegality of any strike. It can be understood that striking without notice can be treated as an illegal strike. However, the definition of an illegal strike as given in the ID Act applies to public utility services only.

Regards,
Madhu.T.K

But the proviso to Section 9(2) of the Payment of Wages Act does not discuss the legality of a strike. It only addresses "ten or more employed persons acting in concert absenting themselves without due notice and without reasonable cause." How does the question of the legality of the strike arise here?

Further, please clarify this doubt: the proviso ends with: "such deduction from any such person may include such an 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 referring to?

Sir, I am working in a public sector company. Recently, we had a 1-hour tool down in protest of management's decision not to implement a pension scheme. They have deducted 2 hours' wages for this action. Is this legal?

We also went on strike for one day after giving legal notice to the management. The Labour Commissioner's office has not declared this strike as illegal. However, we are now hearing rumors that the management may deduct 7 days' wages for the one-day strike. Is this legal?