I would like to know if it is legally right to start a second strike if the time given for resolving the issues following the first strike is not yet over. Also, the first strike was called off following interventions by the district collector and local MLA, both of whom have signed the agreement. Now, the labour officer is claiming that as he (labour officer) has not signed it, it is not valid and hence it is alright to start a second strike after giving 2 weeks' notice. We suspect some foul play as the labour officer is known to favor the management. Kindly advise at the earliest as we have already issued the 2nd strike notice and would like to defer it if it is illegal.
From India, Kochi
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From India, Kochi
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As per law, the Labour officer's view is correct because as per the Industrial Disputes Act, it is the Labour officer (or Commissioner depending upon the case) who is the Conciliation Authority. A settlement arrived at by the intervention of the District Collector and MLA with the Management will not stand. However, it is not necessary that a conciliation should be tripartied. Even in the case of the management only calling for a conciliation (bipartite conciliation), that should be regarded as conciliation and honored by the workmen. During the pendency of that conciliation, a strike shall be deemed illegal. Therefore, if the Union goes for a strike, it will be declared illegal, stating that talks are already in progress, where the authority to enforce law and order in the District, i.e., the District Collector and the MLA, are involved. It is illegal to strike while conciliation is ongoing to resolve the issues.
Regards, Madhu.T.K
From India, Kannur
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4482Regards, Madhu.T.K
From India, Kannur
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Thank you, sir, for your prompt reply. Seeing that you are in Kannur, I would like to add that this query has been made with regard to the ongoing nurses' strike in Kerala. Sir, can you help me on how to calculate salary based on minimum wages? As per the Minimum Wages Act 2009, the scale is 5310-110-5160-120=6460.
From India, Kochi
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From India, Kochi
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The scale quoted "5310-110-5160-120=6460" seems to be wrong because in an accelerated pay scale, the first component will be basic pay, and the next one will be the annual increment, which will be added to the basic pay until it reaches the third component. Thereafter, that basic pay will be added to the next component (increment) till the next component. Here, the third component is lower than the lowest basic pay (first component), and the preceding symbol (=) to the final component should not be there.
Anyway, if the basic pay is Rs. 5310, then it will be the lowest basic pay for a fresher. In addition to this, variable Dearness Allowance based on the Consumer Price Index is to be paid. Sometimes, there may be city compensatory allowance (special allowance for employees in Municipalities and Corporation areas). DA will be an amount fixed per point of the consumer price index or per point above a particular base index. Please refer to the notification in full. I shall also revert back after going through the notification.
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Madhu.T.K
From India, Kannur
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Anyway, if the basic pay is Rs. 5310, then it will be the lowest basic pay for a fresher. In addition to this, variable Dearness Allowance based on the Consumer Price Index is to be paid. Sometimes, there may be city compensatory allowance (special allowance for employees in Municipalities and Corporation areas). DA will be an amount fixed per point of the consumer price index or per point above a particular base index. Please refer to the notification in full. I shall also revert back after going through the notification.
Regards,
Madhu.T.K
From India, Kannur
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Yes, I have also verified it and I find it is 5310-110-5860-120-6460. In this scale of pay, a fresher is to get a basic pay of Rs. 5310 and from the second year onwards (for five years), an increment of Rs. 110 will be added until the basic pay reaches 5860. Thereafter, the increment will be Rs. 120 for the next five years. Depending upon the experience, a new employee can also be fixed in between this pay scale. In addition to the basic pay, there is a provision for Dearness Allowance at the rate of Rs. 26.65 for every point of increase in the cost of living index over and above 130 points. The Cost of Living index will be different for different locations. For example, the latest index for Eranakulam district is 196; therefore, the DA will be Rs. 1759 calculated at the rate of Rs. 26.65 for 66 points, i.e., points over 130. That means the bare minimum wages will be Rs. 7069 (Basic Rs. 5310 + DA Rs. 1759).
However, the Act has given some other lower grades of pay depending upon the categories of the hospital and grades of staff, and the lowest of the wage scale is Rs. 4630-95-5105-105-5630. The Variable Dearness Allowance, however, will remain the same for all employees.
Regards,
Madhu.T.K
From India, Kannur
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However, the Act has given some other lower grades of pay depending upon the categories of the hospital and grades of staff, and the lowest of the wage scale is Rs. 4630-95-5105-105-5630. The Variable Dearness Allowance, however, will remain the same for all employees.
Regards,
Madhu.T.K
From India, Kannur
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Dear Madhu, Requested to kindly let me know how to calculate the variable DA linked to AICPI and what the factors to be taken into consideration for calculating the same.
From India, Mumbai
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From India, Mumbai
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We are deviating from the original post, but still, I would like to say that DA linked to the cost of living index/consumer price index will be different for different industries and at different places. Therefore, without reference to all these, DA calculation is not possible. I have explained an example that is applicable to private hospitals in Cochin, Kerala. In the same way, you may calculate the DA.
Regards, Madhu.T.K
From India, Kannur
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Regards, Madhu.T.K
From India, Kannur
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