Law Clarifies ‘No Work, No Pay’ Rule While Protecting Basic Benefits During Strikes

Law Clarifies ‘No Work, No Pay’ Rule While Protecting Basic Benefits During Strikes. The Employment and Labour Relations Act provides clear guidance on how remuneration is handled during strikes and lockouts, reinforcing established labour law principles while safeguarding workers’ basic living conditions.

Section 267 of the Act directly addresses the issue of payment during periods of industrial action. In terms of section 267(3), an employer is not obliged to remunerate a worker for services not rendered during a strike or lockout, provided that the strike or lockout is conducted in compliance with the Act. This provision affirms the long-standing principle of “no work, no pay,” which is widely applied in labour law across many jurisdictions.

However, the Act introduces an important qualification to this general rule. While employers may lawfully suspend wages during a protected strike or lockout, the law places limits on what forms of remuneration may be withdrawn.

Where a worker’s remuneration includes payment in kind, such as accommodation, food, or other basic amenities of life, the employer is expressly prohibited from discontinuing these benefits during the period of industrial action. The Act makes a clear distinction between monetary remuneration and essential livelihood support.

This provision recognises that basic necessities are fundamental to a worker’s well-being and should not be withdrawn as a punitive response to participation in a lawful strike or lockout. By maintaining access to accommodation, food, and similar necessities, the law seeks to balance the employer’s right not to pay wages for work not performed with the protection of workers’ basic living conditions.

The inclusion of this safeguard reflects an effort to ensure that industrial action does not result in undue hardship beyond the suspension of wages. It also provides legal certainty to both employers and employees regarding their rights and obligations during strikes and lockouts.

Overall, section 267 of the Employment and Labour Relations Act establishes a structured approach to remuneration during industrial action, reinforcing accountability while upholding minimum standards of human dignity.