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[Cites 0, Cited by 0] [Section 36] [Entire Act]

State of Tamilnadu - Subsection

Section 36(2) in Tamil Nadu Shops and Establishments Act, 1947

(2)The amount of such deduction shall in no case bear to the wages payable to the employed person in respect of the wage period for which the deduction is made, a larger proportion than the period for which he was absent bears to the total period, within such wage period during which by the terms of his employment, he was required to work:Provided that, subject to any rules made in this behalf by the [State] [Substituted for 'Province' by the Adaptation Order of 1950] Government, if ten or more employed persons acting in concert absent themselves without due notice (that is to say, without giving the notice which is required under the terms of their contract of employment) and without reasonable cause such deduction from any such person may include such amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice.Explanation. - For the purposes of this section, an employed person shall be deemed to be absent from the place where he is required to work, if, although present in such place, he refuses, in pursuance of a stay-in-strike or for any other cause which is not reasonable in the circumstances, to carry out his work.