Can Probationary Officers (PO) participate in bank strike? Can Banks take action against employees if they participate in strike?
A lot of probationary officers remain in doubt whether they can participate in strike or not. In this article, we will understand the relevant rules.
Probationary officers in banks can participate in a legally called union strike without restrictions. There is no restriction or illegality preventing an employee on probation from joining a recognized trade union or participating in its lawful strike activities.
Participating in a legal strike does not affect the probation period, delay confirmation, or count as misconduct. Extending probation specifically for joining a union strike is considered an unfair labor practice.
Will Salary be deducted?
Salary of the officers participating in strike will be deducted but the deduction applies only for the specific days employees are on strike, which is standard for all participating employees.
Protection for Probationary Officers
Status as a “Workman”: Indian courts, including a landmark ruling by the Delhi High Court (Sarita Tiwari v. M/s Deccan Charters Pvt Ltd), have definitively ruled that probationary or temporary employees fall within the definition of a “workman” under Section 2(s) of the Industrial Disputes Act (IDA). They cannot be denied statutory protections simply because they are on probation.
Unfair Labor Practice: Under the IDA, an employer cannot victimize or penalize an employee for participating in lawful union activities. Extending an officer’s probation period or delaying their confirmation specifically because they joined a union-called strike is legally classified as an Unfair Labor Practice.
During a Legal Strike: If the union has complied with all statutory requirements under Section 22 of the IDA (e.g., serving a 6-week advance notice, waiting out the 14-day cooling-off period, and ensuring no active conciliation proceedings are pending), a probationer is fully protected. Participation is considered a legitimate exercise of collective right, and the bank cannot issue a termination order based on this act.
Can seniority be reduced?
Seniority cannot be legally reduced or lost purely for participating in a lawful, union-called strike.
Continuous Service is Maintained: Taking part in an officially recognized union strike (such as those organized by the UFBU) does not cause a “break in service.” The only immediate penalty is the “no work, no pay” wage deduction for the specific calendar days you were absent.
No Loss of Past Service Benefits: Because your continuous service remains intact, your length of service for promotion eligibility, retirement benefits, and relative seniority ranking among your peers stays identical to what it was before the strike.
Key Probation Rules
- Can you strike? Yes, if the union gives a valid legal call.
- Will it extend your probation? No, not if the strike is legal.
- Will you lose money? Yes, the principle of “no work, no pay” applies equally to probationers and confirmed staff (wage deduction happens only for the days you strike).
