Can we legally deduct wages of employees for the days / hours when they are attending Union Meetings or have gone to submit represenatation to Labour Officer etc.
Is there any case law on the subject, some one mentioned that Madras High Court has recently discussed the issue?
Kindly advise,
Thanks
From India, Patiala
Is there any case law on the subject, some one mentioned that Madras High Court has recently discussed the issue?
Kindly advise,
Thanks
From India, Patiala
Rule 61 of the Industrial Disputes (Central) Rules, 1957 provides for furnishing to the employer details of "protected Workmen" by trade union of that establishment. It follows section 33 of the Industrial Disputes Act, 1947. Under section 33 (3) of the ID Act, during pendency of an industrial dispute an employer shall not discharge, dismiss or alter service conditions or reduce wages of a workmen who are directly involved in the proceeding either as employees or office bearers of the registered trade union.
The ID Rules provides that every registered trade union shall nominate (one percentage of the total number of employees employed subject to a minimum of five and maximum of one hundred) the workers who are to be recognised as "Protected" workers. It is the duty of the employer to communicate the names of such protected workmen back to the union.
The above said are provisions in the ID Act or Rules. I have seen Trade Union leaders who are totally ignorant of this provision also. (In fact they are concerned only about Trade Union Act and that Act is meant only for registration and similar matters connected with trade union) But if you reduce wages of an employee who moves out for trade union meeting or meeting the Labour Officer, the matter will be discussed and he will start assuming himself as protected workman. Though protection is to be recognised and approved by the employer, the matter will go out of control. Therefore, I feel that even if no body has been recognised as 'protected workman' it is better to make your own ruling in this respect so that frequent movement of staff could be regulated. You can issue a circular stating that union meetings will be permitted only after the office hours and no body will be allowed to move out without valid reason. After that make revision if required after getting the feedbacks from the union members. Do not go for a straight pay cut.
Regards,
Madhu.T.K
From India, Kannur
4250The ID Rules provides that every registered trade union shall nominate (one percentage of the total number of employees employed subject to a minimum of five and maximum of one hundred) the workers who are to be recognised as "Protected" workers. It is the duty of the employer to communicate the names of such protected workmen back to the union.
The above said are provisions in the ID Act or Rules. I have seen Trade Union leaders who are totally ignorant of this provision also. (In fact they are concerned only about Trade Union Act and that Act is meant only for registration and similar matters connected with trade union) But if you reduce wages of an employee who moves out for trade union meeting or meeting the Labour Officer, the matter will be discussed and he will start assuming himself as protected workman. Though protection is to be recognised and approved by the employer, the matter will go out of control. Therefore, I feel that even if no body has been recognised as 'protected workman' it is better to make your own ruling in this respect so that frequent movement of staff could be regulated. You can issue a circular stating that union meetings will be permitted only after the office hours and no body will be allowed to move out without valid reason. After that make revision if required after getting the feedbacks from the union members. Do not go for a straight pay cut.
Regards,
Madhu.T.K
From India, Kannur
Thanks for your response.
I seek following clarifications:
1. Are protected workmen allowed to attend meetings etc. during work hours without pay cuts?
2. Assuming there is no industrial dispute, would Section 33 still apply for wage cuts etc. for not attending complete shift?
3. Would a absent mark or wage cut for day / part of day spent in Union Activity amount to 'reduction of wages' under Section 33?
Thanking you
Regards
From India, Patiala
I seek following clarifications:
1. Are protected workmen allowed to attend meetings etc. during work hours without pay cuts?
2. Assuming there is no industrial dispute, would Section 33 still apply for wage cuts etc. for not attending complete shift?
3. Would a absent mark or wage cut for day / part of day spent in Union Activity amount to 'reduction of wages' under Section 33?
Thanking you
Regards
From India, Patiala
Protection of workmen is not a tool to disobey the rules. Section 33 applies when an industrial dispute is in progress. And that also, punishment given to an employee for a misconduct or reduction of wages for reason other than that related to the dispute is also not covered as provided in sub section 2 of section 33. It only means to avoid 'victimisation'. Similarly, holding of meetings during working time and within the premises is illegal though the right of workmen to form union and hold meetings is always protected.
In normal circumstances, provisions relating to such restrictions should be given in the standing orders of the company itself. There can not be any relaxation to a protected worker. If he abstains from work, the day or hours shall be marked 'absent' unless otherwise provided or agreed upon. However, for one or two hours of moving out for submission of representations to Labour Office or trade union office, permission may be given.
Regards,
Madhu.T.K
From India, Kannur
In normal circumstances, provisions relating to such restrictions should be given in the standing orders of the company itself. There can not be any relaxation to a protected worker. If he abstains from work, the day or hours shall be marked 'absent' unless otherwise provided or agreed upon. However, for one or two hours of moving out for submission of representations to Labour Office or trade union office, permission may be given.
Regards,
Madhu.T.K
From India, Kannur
Section 7(2) of the Payment of Wages Act 1936 proportionate deduction can be made for the period of absence. An employee is paid wages for the work he is assigned to do. Union work or going to labour authorities are not the work assigned to him. Hence he has no right to claim wages for such period. Wages can be deucted proportionately for such absence. There is a reported judgement on the matter.
Regards KK Nair
Regards KK Nair
There is no restriction with regard to category of employees to join trade union. Shop Floor employees can form their union, at the same time middle level managerial staff can have their own union and even top managerial staff can have union of their own.
Deduction of wages due to absence of work is certainly permitted. Please refer my previous post in this along with this. But practically, moving out for meeting with labour department or representation in such meeting need not be regarded as 'absence' from work. Please note the words ' practical'.
Regards,
Madhu.T.K
From India, Kannur
Deduction of wages due to absence of work is certainly permitted. Please refer my previous post in this along with this. But practically, moving out for meeting with labour department or representation in such meeting need not be regarded as 'absence' from work. Please note the words ' practical'.
Regards,
Madhu.T.K
From India, Kannur
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