The Legal Invalidity of the Current Strike
The current strike action initiated by the United Nurses Association (UNA) is legally invalid and violates established protocols.
As per the earlier Labour Acts & the Labour Codes which are in force now, a 14-day notice period is mandated for strike in any industrial / service sector. Following the nursing strikes of 2012-13, it was explicitly mandated that strike in the healthcare sector must be preceded by a minimum 14-day notice period. The strike is unjust because what started as one day strike bypassed the agreed-upon 14-day notice period, and turning into an indefinite one without proper warning. By providing a notice without the mandated notice period, the UNA has disregarded these legal requirements, making their current agitation unauthorized. Legal strikes with proper notice are acceptable, but this strike initiated without notice, so it is illegal. Addressing the nature of the recent industrial actions, it has transitioned from a struggle for needs into a militant movement characterized by threats and personal attacks by UNA. Also, the public humiliation of respected figures like Padmashri Dr. Azad Moopen & Dr K.G. Alexander is deeply regrettable.
The Issue with the Basic Wage
The current request for a base wage of 40,000 INR has yet to be approved because it does not comply with the minimum wage regulations as outlined in the Minimum Wages Act of 1948 earlier and presently the Code on Wages 2019. Minimum Wages within the Kerala state are determined by the government through a formal evaluation process, and then announced following the evaluation process, as opposed to informal negotiation through the marketplace. At present, this process is taking place, which began with an initial announcement of a draft notification that was published on March 6, 2026. All stakeholders have 60 days from this draft notification to provide any comments, complaints, or recommendations they wish the government to consider prior to making its final decision. Therefore, the wage structure currently implemented in Kerala continues to be applicable until the comment period has concluded and the final notice has been issued. Additionally, it is unlawful for either party to change the wage structure during the ongoing process defined by law, and thus industrial action will not be tolerated, as such actions would interfere with the time period within which the government must make its decision.
The calculation of wages is a complex procedure governed by the Code on Wages, which balances basic pay, Variable Dearness Allowance (VDA), and other statutory allowances. The criteria for fixing these wages are heavily dependent on the infrastructure of the healthcare institution, specifically its bed capacity. For instance, a General Nursing (GNM) professional at a 200-bed hospital is entitled to a base of 25,450 INR plus Travel Allowance and a 10% additional allowance. In contrast, hospitals with over 800 beds may provide an additional allowance of 50% on top of the basic salary.
It is important to note that many hospitals in Kerala already provide fair wages and annual increments that exceed the mandatory requirements set by the government.
The current salaries in the nursing sector are already well above the previous minimums. Kerala’s nurses are already among the highest-paid healthcare professionals in the country. A base wage of ₹40,000 is financially unsustainable. When including Dearness Allowance (DA), service weightage, and increments, the total cost to the hospital (CTC) would escalate to between ₹50,000 and ₹60,000 per nurse.
Removal of Traineeship & Contracts
Regarding the demand to remove traineeships, such a move is not feasible under current educational and industrial standards. Many nursing graduates, particularly those from colleges outside Kerala, often graduate with less than six months of practical experience. According to the Industrial Relations Committee (IRC) and the G.O.’s of 2012,2013 & 2018, fresh graduates are classified as trainees who receive a stipend rather than a full salary or Provident Fund (PF) until they have gained necessary clinical proficiency. Also, under the National Labour Code, contract labour is a legitimate and widely applied practice across more than 10,000 industries in the country. Suggesting that hospitals alone should be exempt from these contract labour provisions is both unfair and legally inconsistent.
The Truth Regarding Workload and Administrative Demands
The misleading allegations regarding “excessive workloads” and “18-hour shifts” being circulated to gain public sympathy. In reality, nurses in hospitals work structured shifts of approximately 6.30 to 7 hours. To ensure nursing staff can focus on clinical excellence, separate agencies and specialized sections are employed to handle basic patient welfare tasks such as cleaning and sanitation. Furthermore, the last-minute demand to abolish the trainee system appears to be a deliberate attempt to derail ongoing negotiations rather than a genuine grievance, as the trainee system is a vital component of clinical skill development for fresh graduates.
Protecting the Dignity of Nursing Officers
There are personalized attacks and harassment directed at Nursing Officers and other senior hospital officials by union activists. It is no coincidence that only 25 specific hospitals where the UNA claims a strong presence are being targeted. This selective targeting suggests that the strike is a strategic power play by the union rather than a widespread movement for welfare.
Comprehensive Benefits Beyond the Salary
The focus on basic salary often ignores the extensive and costly benefit packages provided by private hospitals. A comprehensive insurance of ₹25 lakhs in the event of death during service, along with significant treatment benefits for employees and their families. Hospitals subsidize the cost of living by providing low-cost or free accommodation, food, and transportation facilities. When these untold benefits are calculated alongside the base pay, the total compensation package offered to Kerala’s nurses remains the most competitive in the Indian private healthcare sector.
Long-term Risks to Careers and Kerala’s Healthcare Reputation
Nurses participating in these unauthorized strikes will face potential long-term damage to their professional lives. Participation in illegal agitations often leads to police cases and disciplinary records, which can severely hinder opportunities for jobs outside Kerala or in foreign countries. Beyond individual careers, these constant disruptions threaten Kerala’s standing as a global leader in healthcare and a premier destination for medical tourism. If the medical fraternity's reputation is tarnished by frequent and unreasonable strikes, the entire state stands to lose its hard-earned status as a center of medical excellence.
The current strike is adversely affecting vital hospital services such as critical care where patients are deprived of important care (e.g. intervention that saves lives). If the wage increase demanded were to be granted, all hospitals would be required to raise their full costs of treatment to patients which would make private health care unaffordable to the general public. Small to medium-sized hospitals) are also under the threat of permanent closure due to their inability to absorb the increased expenses of staffing without financial assistance from government. The application of a universal minimum wage, by its definition, is an unreasonable plan because the long-term viability of any salary structure must reflect the diversity in hospital size and the various levels of experience within the workforce of the hospital. Therefore, it is critical that the government take immediate action to consider the use of the Essential Services Maintenance Act (ESMA), in order to bring this strike to an end, and to restore essential hospital operations.
There are strong indications that these strikes are being arranged by outside groups from beyond Kerala. These entities appear to be targeting smaller Kerala-based hospitals, using the instability created by these strikes to lower the value of these institutions and facilitate their eventual takeover.