Order 21. Stoppage of work

(1) The employer may, at any time, in the event of fire, catastrophe, break-down of machinery or stoppage of power supply, disaster, pandemic, epidemics, civil commotion or other cause beyond his control , stop any section or sections of the industrial establishment, wholly or partially for any period or periods without notice.

(2) (i) In the event of such stoppage during working hours, the workers affected shall be notified by a notice put up on the notice board or electronic notice board or on the Human Resource Portal/IT application or through any other electronic medium of the industrial establishment, if any, as soon as practicable, when the work shall be resumed and whether they are to remain or leave their place of work;

(ii) The worker shall not ordinarily be required to remain for more than two hours after the commencement of the stoppage;

(iii) In case the period of detention does not exceed one hour the worker so detained shall not be paid for the period of detention;

(iv) In case the period of detention exceeds one hour, the workers so detained shall be entitled to receive wages for the whole of the time during which they are detained as a result of the stoppage;

(v) In case of piece rate workers, the average daily earning for the previous month shall be taken to be the daily wage;

(vi) No other compensation shall be admissible in case of such stoppages, wherever practicable, reasonable notice shall be given of resumption of normal work.

(3) In cases of temporary stoppage of work on account of failure of plant or reasons as specified in paragraph (1) or temporary curtailment of production of goods and services, the period of stoppage shall be treated as compulsory leave, either with or without pay, as the case may be, but where workers have to be stopped for an indefinitely long period, their employment may be terminated after giving them due notice or pay in lieu thereof.

(4) The employer may, in the event of a strike affecting either wholly or partially any section or department of the industrial establishment close down either wholly or partially such section or department and any other section or department affected therefore, the fact of such closure shall be notified by notices put up on the notice board or electronic notice board or on the Human Resource portal of the industrial establishment, as soon as practicable.

(5) The workers concerned shall also be notified by a general notice, prior resumption of work, as to when work shall be resumed.