Meaning and etymology of 'dies non'

According to Merriam-Webster's Dictionary of Law, Dies non is a part of the Latin phrase literally meaning "a day when courts do not sit or carry on business". Dies non juridicum is the full Latin phrase literally meaning "Day without judiciary.

According to Webster's New World College Dictionary,the expression dies non (juridicus) was used for defining a day which is not a (court) day or a day on which no legal business is carried on. Literally, dies non (juridicus) is "a not juridical day". Dictionary.com estimates that the word might have originated in 1600-10.

Doctrine of "no-work-no-pay"

The doctrine of "no-work-no-pay" is a fundamental axiom in industrial relations. The philosophy is very simple. When a person
is employed, it is expected that the work assigned will be carried out. When this work is not done, the employee is not
eligible for payment of any salary. Even when a general strike

General strike

A general strike is a strike action by a critical mass of the labour force in a city, region, or country. While a general strike can be for political goals, economic goals, or both, it tends to gain its momentum from the ideological or class sympathies of the participants...

 or countrywide ban disrupts public transport

Public transport

Public transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...

 systems, and consequently employees are unable to reach their workplaces, the same principle prevails. Even die-hard trade union

Trade union

A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...

leaders respect this principle of equity and natural justice. "No work, no pay" lays a strong foundation to industrial peace and harmony in the long run.

The principle of no-work-no-pay (dies non)

The principle of 'no-work-no-pay' is not a punishment. When an employee expends his energy and effort in a productive task, a predetermined salary rewards his performance. Employees are compensated for contributing their labour. When there is no contribution, there is no compensation in return. It is a covenant between two parties that provides for equal and reciprocal responsibility.

In India, the Latin phrase 'dies non' is being widely used by disciplinary authorities in government and industries for denoting the 'unauthorised absence' to the delinquent employees. According to Shri R. P.Saxena, Chief Engineer, Indian Railways,Dies-non is a period which neither counted in service nor considered as break in service. A person can be marked dies-non, if

1.Absent without proper permission.

2.When on duty left without proper permission.

3.While in office but refused to perform duties.

In cases of such wilful and unauthorised absence from work, the leave sanctioning authority may decide and order that the days on which the work is not performed be treated as dies non on the principle of no work no pay. This will be without prejudice to any other action that the competent authority might take against the persons resorting to such practises.

Practice of Dies Non (No Work No Pay) in Industries

The principle of “no work no pay” is widely being used in the banking industry in India. All other manufacturing industries and large service establishments like railways,posts and telecommunications are also implementing it to minimise the incidences of unauthorised absence of workers. The term ‘industry’ infuses a contractual relationship between the employer and the employee for sale of products and services which are produced through their cooperative endeavor. This contract together with the need to put in efforts in producing goods and services imposes duties (including ancillary duties) and obligations on the part of the employees to render services with the tools provided and in a place and time fixed by the employer. And in return, as a quid pro quo, the employer is enjoined to pay wages for work done and or for fulfilling the contract of employment.Duties generally, including ancillary duties, additional duties, normal duties, emergency duties, which have to be done by the employees and payment of wages therefor. Where the contract of employment is not fulfilled or work is not done as prescribed, the principle of ‘no work no pay’ is brought into play.

Unauthorised absence in periods of strike

Unauthorised absence of a group of workers such as during a strike is requiredto be dealt more firmly. The rules in India provides for stern action by disciplinary authorities in such cases. Most of these actions taken by disciplinary authorities are upheld by courts also.

According to fundamental rules (FR 17A) of the civil service of India, a period of unauthorised absence-

(i) in the case of employees working in industrial establishments, during a strike which has been declared illegal under the provisions of the Industrial Disputes Act, 1947, or any other law for the time being in force;

(ii) in the case of other employees as a result of action in combination or in concerted manner,such as during a strike, without any authority from, or valid reason to the satisfaction of the competent authority;

shall be deemed to cause an interruption or break in the service of the employee, unless otherwise decided by the competent authority for the purpose of leave travel concession,quasi-permanency and eligibility for appearing in departmental examinations, for which a minimum period of continuous service is required.

South Africa

The SABC management threatened their union with possible application of "no work, no pay" principle in case of illegal strike. The Communication Workers’ Union (CWU) employees however won the right to srike.

Zambia

Salaries for nurses and health workers who went on strike in 2009 were withheld despite appeals from the Zambia Union of Nurses Organisation (ZUNO) to rescind the decision.Chief Government spokesman, Ronnie Shikapwasha in Lusaka maintained that nurses who did not work during the time of the illegal strike would not be paid their salaries.

Earlier, President Rupiah Banda pardoned all the nurses who had gone on strike for close to three weeks, but said that they would not be paid their salaries for the period they were on work stoppage. Lieutenant-General Shikapwasha said unions should be realistic and tell their members that getting salaries without working would be tantamount to abrogating the labour laws.

Trinidad

Nurses in Trinidad, who were off the job for 72 days in 2000 were communicated government's steadfast position not to pay them for work not done. Acting Health Minister Vimala Tota Maharaj said government does not intend to revoke their decision to deduct salaries of nurses involved in the protest which began more than two months ago. "There is a policy of no work, no pay and we will adhere to that policy at this time," Maharaj said.

Prime Minister Basdeo Panday also insisted that nurses who did not work, should not look forward to a full pay package. "The policy decision of the government was no work, no pay. It is a principled position and that is if you don't work you don't get pay. We can't set an example otherwise," Panday said.

Judgments

1. HIGH COURT OF DELHI AT NEW DELHI

W.P. (C) No. 8435/2003
Judgment reserved on: October 4, 2007
Judgment delivered on: December 12, 2007

This case is about unauthorised absence of a constable in the police. A departmental inquiry was held. The inquiry officer established that the absence of official was wilful and unauthorised. The period of absence was decided as dies-non by the competent disciplinary authority. The constable moved to the high court of Delhi for relief. The court dismissed the petition considering all facts of the case.

External links

• http://delhicourts.nic.in/Dec07/EX.%20CONST.%20SURESH%20KUMAR%20VS.%20COMMISSIONER%20OF%20POLICE.pdf
• http://www.hindu.com/2006/08/14/stories/2006081414170400.htm
• http://www.rediff.com/business/slide-show/slide-show-1-strike-still-on-ai-declares-no-work-no-pay/20110503.htm