MINIMUM Click to edit Master subtitle style WAGES ACT

By Vibha Kulkarni

Introduction

Passed in 1948 to secure the welfare of the unorganized workers in certain industries by fixing the minimum rates of wages.

Objectives:

To provide minimum wages to the workers working in organized sector. To stop exploitation of the workers. To empower the government to take steps for fixing minimum wages and to revise this wages every 2 years

Scope of the Act

This Act is applicable to all employments described in the Act i.e. minimum wages have to be paid to all the employees of the employments described in the Act

What are WAGES???

WAGES Expressed or Implied Monetary Payment in terms of Contract of Employment and includes House Rent Allowance.

WAGES DO NOT INCLUDE House Accommodation, Supply of necessities like Light, Water and Provision of Medical Attendance and Other Amenity or Service specifically excluded by the Appropriate Government. Contribution made to Pension Fund or Provident Fund or under any scheme of Social Insurance Travelling Allowance or the value of any Travelling Concession Special Allowances provided based on the nature of Employment

Who is an EMPLOYEE???
EMPLOYEE

Employed for Hire or Reward To do skilled or unskilled work, Manual or Clerical

Job Worker Any person declared by the appropriate Government as Employee but, does not include any member of armed forces

Who is an EMPLOYER???

Who employs persons directly or indirectly through other person

APPLICABILITY OF THE ACT

Applicable to Whole India Central Government Act of 1948 and Rules made there under will be applicable and the directions given in the Act should be followed.

PROVISIONS UNDER MINIMUM WAGES ACT

Fixing Minimum Rates-sec(3)

Appropriate government shall fix minimum rates of wages for all employments specified in the schedule of the act.

Review of minimum wages

Wage period-sec3(3)
The Minimum wages may be fixed for different wage periods like

By the Hour, By the Day, Bythe month, or By other larger wage

Different Minimum Wages May Be Fixed By The Government For :

Different employments (specified in the schedule)

Different classes (e.g. skilled, unskilled, semis skilled, etc.) of work in the same employments

Adults, adolescents, children

Different Minimum Wages May Be Fixed By The Government May consist of Sec (4)
1.

Basic + Special Allowance ( Which varies with the cost of living index )

2.

Cash value of concessional supply of materials like food, clothes, etc

3.

An all inclusive rate which

Fixing Minimum Rates of Wages-Sec (5)

Publish its proposals in the official gazette asking comments from the affected parties, Constitute committees/sub committees for the purpose.

The committees/subcommittees and advisory

Can you pay in Kind?????

The wages have to be paid in Cash only. However, permission can be taken from the government where payment of wages in kind when the same in as per custom or concessional supply of materials is made to the employees.

Deductions from Minimum Wages

Deductions from Minimum Wages like PF ESI, Advances, etc , are permitted.

NORMAL WORKING HOURS

For an Adult Worker, Working in Factories the number of Working Hours should not exceed 48 Hours in a week. One Day should be given as a holiday as Weekly Holiday. The Day can be any day but it should be adhered for every week. The same should be displayed in the notice board of the Factory.

Wages for overtime (sec14)

Where a person has worked more than the Normal Working Hours for any day, the excess hours worked will be treated as Overtime Where the Fixed Normal Working Hours for any day is in excess of 8 Hours we have to go by the method of weekly worked hours. If the person has worked for more than 48 hours in a week then, the excess hours worked will be treated as Overtime.

Wages for less than the normal working day(sec15)

Where an Employee worked on any day less than the Normal Working Hours due to the fact that, Employer could not provide the

activities of the job then, the Employee is entitled to

Minimium time rate wages for piece work (sec17)

Employer shall pay to such an employee wages at not less than the minimum time rate .

Maintenance of registers & records (sec18)

Registers shall give particulars of employess by him. Work performed by them . Overtime work Gross wages ,deductions made etc

CLAIMS

The Appropriate Government by notification in the official gazette appoint any commissioner for workmen compensation or labour commissioner for any region or any officer of the State Government not below the rank

PROCEDURE FOR CLAIMS

An Employee who has claim over the Employer through his legal practitioner or a official of a registered Trade Union or Employee himself may apply to the Authority for claims for getting a direction.

The Appropriate Authority will hear the applicant and the Employer and after giving both the persons a reasonable opportunity to hear and after making such further inquiry will pass an order.

In case the Appropriate Authority finds that the Employer is guilty then, the Appropriate Authority will direct the Employer for Payment of Compensation which may not exceed 10 times of the actual

Compensation.

Penalties (sec22)
Offence
Contravention of Minimum Wages Act by employer Payment of less than Minimum Wages to employee

Punishment
Fine which may extend up to Rs 500/Imprisonment which may extend up to 6 Months or Fine which may extend up to Rs 500/- or Both

POWER TO MAKE RULES

The Central Government may give directions to the State Government for the execution of this Act. The Central Government is empowered to make rules from time to time through notification in the official gazette. The Central Government is empowered to make rules prescribing the terms of office of the members, the procedure to be followed in conduct of business, the method of voting, the manner of filling of casual vacancies in membership and the quorum necessary for the transaction of business of the Central Advisory Board. The Appropriate Government is having the powers of the Central Government to make rules for the