leave act in india

8/4/2019 Leave act in india

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Leave Policy for different sectors in India

byKhushi Mehtalast modified Dec 16, 2010 11:06 AM

What is the general leave policy in India? How many days Earned Leave (EL), Casual Leave(CL) and Sick Leave is one entitled to per year? These questions are often asked byemployees/workers working in any organisation or office. Leave is different from holidays and

days-off, since it aims to fulfil different objectives of work life sphere. However, there is always

a confusion how much leave can one avail, what is one legally entitled to, the consequence of the

same on wages/salary etc.

Employment laws set the umbrella framework for deciding different dimensions of leave, like

category or types, eligibility, duration etc. Many companies and organizations categorise leaves

in different categories like casual leave, sick leave, earned leave, maternity leave, special leaves,loss of pay leave, compensatory leave etc.

In case of employment contacts, where trade unions are involved in deciding employmentcontacts, leave rules are formulated in consultation with the unions. Such elaborate consultation

is specified in The Industrial Employment Standing Orders Act which is formed for enforcement

of different conditions of services.

In India, three types of leaves are generally followed namely earned leave, sick leave and casual

leave. Different provisions exist under different laws, for different categories of leaves.

Details of each category are elaborated hereunder. While the Act specifies the broad framework,

the notified rules under each legislation detail the implementation or applicability of these leave

policies.

1.EARNED LEAVE

2.CASUAL LEAVE

3.SICK LEAVE/MEDICAL LEAVE4.MATERNITY LEAVE

5.PATERNAL LEAVE

6.NATIONAL AND FESTIVAL HOLIDAYS7.QUARANTINE LEAVE

8.EXTRAORDINARY LEAVE

9.STUDY LEAVE/SABBATICAL LEAVE

10.LEAVE NOT DUE11.LEAVE FOR GENERAL/BYE ELECTION FOR PARLIAMENT AND STATE

ASSEMBLIES12.INNOVATIVE LEAVE

EARNED LEAVE:
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eave-for-general-byehttp://www.paycheck.in/main/DecentworkcheckIndia/leave-policy/leave-policy-for-different-sectors-in-india#leave-for-general-byehttp://www.paycheck.in/main/DecentworkcheckIndia/leave-policy/leave-policy-for-different-sectors-in-india#leave-not-duehttp://www.paycheck.in/main/DecentworkcheckIndia/leave-policy/leave-policy-for-different-sectors-in-india#study-leave-sabbatical-leavehttp://www.paycheck.in/main/DecentworkcheckIndia/leave-policy/leave-policy-for-different-sectors-in-india#extraordinary-leavehttp://www.paycheck.in/main/DecentworkcheckIndia/leave-policy/leave-policy-for-different-sectors-in-india#quarantine-leavehttp://www.paycheck.in/main/DecentworkcheckIndia/leave-policy/leave-policy-for-different-sectors-in-india#national-and-festival-holidayshttp://www.paycheck.in/main/DecentworkcheckIndia/leave-policy/leave-policy-for-different-sectors-in-india#parental-leave-for-governmenthttp://www.paycheck.in/main/DecentworkcheckIndia/leave-policy/leave-policy-for-different-sectors-in-india#maternity-leavehttp://www.paycheck.in/main/DecentworkcheckIndia/leave-policy/leave-policy-for-different-sectors-in-india#sick-leave-medical-leavehttp://www.paycheck.in/main/DecentworkcheckIndia/leave-policy/leave-policy-for-different-sectors-in-india#casual-leavehttp://www.paycheck.in/main/DecentworkcheckIndia/leave-policy/leave-policy-for-different-sectors-in-india#earned-leavehttp://www.paycheck.in/main/author/khushi


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Earned leave is also known as privileged leave. As the name suggests, this leave is earned bythe employees while they serve the organisation. These leaves are earned during the year and can

be availed during the same subsequent year.

Factories Act, 1948

Section 791

As per the provisions of Factories Act, 1948, any worker covered under the Act who has worked

for at least 240 days in a calendar year becomes eligible for earned leave which he can enjoy in

the subsequent year.

- In case of an adult, he/she becomes eligible for a day leave for every 20 days worked in

previous year.

- In case of child, (i.e. a person who has not completed his/her fifteenth year of age) they becomeentitled to one day leave for every 15 days worked during previous year.

These earned leaves can be carried forward to an extent of 30 days in case of adult and not more

than 40 days in case of child.

Mines Act, 1952

Section 522

Every person employed in a mine who has completed a calendar years service shall be allowedduring the subsequent calendar year leave with wages.

- In the case of a person employed below ground, leave is calculated at the rate of one day forevery 15 days of work performed by him/her.

- In other cases, leave is available at the rate of one day for every 20 days of work performed byhim/her.

Bidi and Cigar Workers (Conditions of Employment) Act, 1966

Section 263

- An adult worker becomes entitled to annual leave for one day for every 20 days of workperformed by him/her during the previous calendar year. Adult workers can carry forward these

leaves to the extent of 30 days.

- In case of a young person he/she becomes entitled to annual leave with wages for one day for

every 15 days of work performed by him/her during the previous calendar year, and the same can

be carried forward to an extent of 40 days.
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Sales Promotion Employees (Conditions of Service) Act, 1976

Section 44

As per the Act, employees covered under this Act become eligible for leave with full wages fornot less than one month for every 11 months spent on duty. These earned leaves can be encashed

on voluntary relinquishment or termination other than by way of punishment.

Working Journalist and Other Newspaper Employees (Conditions of Service) and

Miscellaneous Provisions Act, 1955

Section 75

Employees under the Act become eligible to earned leave with full wages for not less than one

month for every 11 months spent on duty. These leaves if accumulated can be carried forward to

next year to an extent of 90 days.

Plantation Labour Act, 1951

Section 30 & 316

- An adult worker is entitled to one day of paid leave for every 20 days of work.

- A child or adolescent worker is entitled to one day of paid leave for every 15 days worked.

These leaves can be carried forward to an extent of 30 days.

Domestic Workers (Registration Social Security and Welfare) Act, 2008

Section 227

A domestic worker living in the house is entitled to annual leave with wages for at least 15 days

during the year.

CASUAL LEAVE:

Casual leave is generally understood as the leave that is not earned while on duty. Prior

intimation is needed to be given to the employer if an employee needs to avail casual leave. Aleave can be treated as casual leave only if it has been sanctioned/granted by the employer.

The quantum of casual leave too, is like sick leave and is fixed by the company/organization in

accordance with the States Shops and Establishment Act or any other law applicable to it,except where it has been specifically provided by law.

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Rule 158

This Rule entitles an employee under the Act to avail casual leave to the maximum of 15 days in

a calendar year.

Working Journalist and Other News Paper Employees (Conditions of Service) andMiscellaneous Provisions Act, 1955

Section 79

Under the Act an employee is entitled to 15 days of casual leave in a calendar year.

Apprentices Act, 1961& Apprenticeship Rules, 1992

Rule 139

The Act entails an employee to avail a maximum of 12 days of casual leave in a year.

* Except for the workers covered under the Acts mentioned above, casual leaves are available as

per the company policy. For establishments which are not covered under the ESI Act, the

workers get sick leave as per company policy or standing orders.

SICK LEAVE/ MEDICAL LEAVE:

Sick leave is the leave that an employee can avail in case of sickness of self or relative (as

specified under law). Sick leave provides pay to employees when they are out of work due toillness. Most of the times the quantum of such leave is fixed by the company/organization in

accordance with the States Shops and Establishment Act or any other law applicable to it, but

then some legislations do contain specific provisions in this respect.11

Sick leaves accumulated in

a year can be carried forward and availed in the next year. The quantum of leaves that can becarried forward should commensurate to the one provided under the applicable law.

Apprentices Act, 1961

Section 15 (Rule 13)12

Any person appointed as an apprentice under the Act can avail medical leave for a maximumperiod of 15 days in a year and in case of accumulated leave up to 40 days in a year.


Section 3213

Employees covered under this Act are entitled to sick leave in accordance with the company
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policies.


Section 7 (Rule 28)

14

These employees are eligible for one month medical leave for every 18 months of service

rendered at half the wages.


Section 415

Any person covered under the Act can avail sick leave of not less than one-eighteenth of the

service period at half the wages. This leave gets sanctioned only when medical certificate is

presented.

Except for the workers covered under the Acts mentioned above, casual leaves are available asper the company policy. Next, for establishments not covered under the ESI Act, then workers

get sick leave as per company policy or standing orders.

MATERNITY LEAVE

The Central Government passed the Maternity Benefit Act in 1961 which extends to the whole

of India and applies to every establishment belonging to the government and to every

establishment which may be industrial, commercial, agricultural or otherwise.

Working Journalist and Other News Paper Employees (Conditions of Service) and


Rule 2916

A female employee who has completed one year of continuous service is entitled to three monthsof maternity leave.

Maternity Benefit Act, 1961

Section 417

The Act provides 12 weeks as the maximum period for which any working woman shall be

entitled to maternity benefit. She can avail this benefit as 6 weeks upto and including the day ofher delivery and 6 weeks immediately following the day of her delivery.

Section 918
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In case of miscarriage or medical termination of pregnancy, a female employee can availmaximum 6 weeks leave with average pay from the date of miscarriage or termination of

pregnancy.

Section 10

19

Also additional leave with pay for upto 1 month can be availed on production of proof, revealing

illness due to pregnancy, delivery, miscarriage, or premature birth.

Section 1320

Where a female employees needs to undergo tubectomy operation she can avail leave with wages

at the rate of maternity benefit for upto two weeks immediately following the day of her

operation.


Section 3221

Female employees covered under the Act are eligible for maternity leave in accordance with the

Maternity Benefits Act, 1961.

Factories Act, 1948 Section 7922

The Act makes provision for maternity leave with wages for expecting mothers for a maximumperiod of 12 weeks.

PARENTAL LEAVE FOR GOVERNMENT EMPLOYEES

Maternity Leave23

Central Government employees (those directly under GOI) are governed by the Central Civil

Service (Leave) Rules, 1972. Under the rules, female employees are entitled to maternity leavefor a period of 180 days for their first two live born children.

Child Care Leave24

A female Central Government employee having minor children below the age of 18 years can

avail child care leave for a maximum period of two years (i.e. 730 days). This can be availed

during their entire service, for taking care of upto two children whether for rearing or to look

after any of their needs like examination, sickness etc.

In totality, including the paid leave period, women employees can avail child care leave for a

period of three years. All the benefits here will be admissible only in respect of their two eldest
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surviving children.

The nature of this leave has to be the same as that of earned leave.

Paternity Leave25

The Central Government in 1999 by notification under Central Civil Services (Leave) Rule 551

(A) made provisions for paternity leave for a male Central Government employee (including an

apprentice and probationer) with less than two surviving children for a period of 15 days to takecare of his wife and new born child. He can avail this leave 15 days before or within 6 months

from the date of delivery of child. If such leave is not availed within the period, it shall be treated

as lapsed.

For Paternity leave he shall be paid leave salary equal to the pay last drawn immediately before

proceeding on leave.

Following Central Governments move, many State governments have also implemented similarprovisions for its employees.

Child Adoption Leave26

Adoptive mothers who are Central Government employees become eligible to 180 days ofmaternity leave but, this is applicable only if they have less than two surviving children at the

time of adoption and if she adopts a child who is below one year of age.

Also now male Central Government employees too are eligible for 15 days of paternity leave onadopting a child pursuant to same conditions as applicable to female employees.

NATIONAL AND FESTIVAL HOLIDAYS27

Republic Day (January 26), Independence Day (August 15) and Gandhi Jayanti (October 2) arethe three national holidays observed in India. On these days all institutions, irrespective of under

which law they are covered, or whether they are public or private organizations or MNCs should

necessarily remain closed.

The festival holiday are decided based on the local festival of that locality and are granted to the

employees in accordance with the company policies.

The Shops And Establishments Act

The Act applies to small establishments not covered under any other Act, like shops, factories or

other establishments employing less than 10 employees.

No Central legislation exists on the subject as they are subject to State legislature. Almost all

States have framed their own laws on the subject.
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QUARANTINE LEAVE

This leave is usually granted to a concerned employee by reason of presence of an infectious

disease in the family or household of the employee, if such disease is considered to be hazardousto the health of other people.

Working Journalist and Other News Paper Employees (Conditions of Service) and


Rule 3028

Maximum 30 days of quarantine leave can be availed by the employees covered under this Act.


Rule 1629

An employee covered under this Act can avail maximum 30 days of quarantine leave onrecommendations by authorized Medical Attendant or Public Health Officer.

EXTRAORDINARY LEAVE


Rule 3130

Extraordinary leave without wages may be granted to employees covered under this Act, by the

newspaper establishment in which he is employed.


A sales promotion employee may be granted extraordinary leave without wages at the discretionof the employer in special circumstances.

Apprentices Act, 1961

Section 1531

An apprentice can avail extraordinary leave upto a maximum period of 10 days in a year.

STUDY LEAVE/SABBATICAL LEAVE
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Study leave/sabbatical leave is granted to an employee to pursue higher studies with a guaranteeto resume them in job on completion of the leave. Such leaves are granted to an employee in

accordance with company policies and may be paid or unpaid sabbatical leave. The sabbatical

leave would be exclusively for scientific or academic work at any relevant institution in India or

abroad. The facility of sabbatical leave may be extended to include work on other activities ofthe innovation chain with industry, consultancy organizations, financial institutions, project

engineering firms, technology marketing/transfer agencies, etc.


Rule 3332

The Rule provides for grant of study leave with or without wages at discretion of the employer.


Any employee covered under the Act may be granted study leave with or without wages inaccordance with the company policies.

LEAVE NOT DUE

Where an employee has no leave to his credit and he/she still requires leave, such leave may begranted at the discretion of the employer.

Working Journalist and Other News Paper Employees (Conditions of Service)andMiscellaneous Provisions Act, 1955

Rule 3233

A working journalist who has no leave to his credit may be granted leave at the discretion of the

newspaper establishment in which such working journalist is employed.


A sales promotion employee, who has no leave to his credit, may be granted leave not due at the

discretion of the employer.

LEAVE FOR GENERAL/BYE ELECTION FOR PARLIAMENT AND STATE ASSEMBLIES34

During the general elections in the country or the state where the employee is residing he is

eligible for leave on the polling day. For general elections of Lok Sabha and Vidhan Sabha or
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any of the bye election one day leave is been declared to all employees for the polling day.

(Sec.3A of Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963)35

Under Industries Association Act, 1963 Section 3 (A) also there is a provision for such leave.

For Central Government employees provision for such leave differs for each election details ofwhich can be checked as under given table36:

II. Bye-Elections -

(i) Lok Sabha

II. (a) Holiday/Closure of offices State Government normally

declares a local holiday in that particular area/constituency on

the polling day (s) if the election is held on day (s) other thanSunday/or other closed holidays. Central Government offices

may also follow the State practice in such cases.

(b) Grant of Special Casual Leave-Permissible on the same grounds/circumstances as in the case of

general elections [of I(b) above.]

(ii) State Assemblies

(a) Holiday/closure of offices- In bye-election to State

Assemblies, Central Government offices should not be closed. Itwould be sufficient if only those Central Government employees

who may be placed on election duty are permitted to absent

themselves from office on the polling day (s). All otheremployees should be given facility to excise their franchise

either by way of coming late to office or by being allowed to

leave office early or a short absence on that day, subject to the

exigencies of the services.

(b) Grant of Special Casual Leave- Permissible on thegrounds/circumstances as in the case of general elections. (ofI(b) above.)

III.Panchayat/Corporation.

/Municipalities or other- localbodies

III. The Central Government-offices shall not be closed. The

Government employees who are bonfire voters and desire to

exercise their franchise should however, offered reasonablefacility, subject to the normal exigencies of service, either by

way of coming late to office or by being allowed to leave office

early or a short absence on that day.

INNOVATIVE LEAVE

Human Resource department of every company deals with employees and to maintain a healthy

and friendly relation with them. They work as a bridge between employees and management. Asthe competition in the labour market is high to find and retain skilled employees HR department

of various companies other than the legal leaves also are coming up with various innovative

leaves. Some of the examples of these leaves adopted by different companies to provide benefit
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to their employees are as follows:

Bereavement Leave37

This leave is a grant paid time off from work to employees for the death of a relative. Employees

are eligible for up to 7 days leave, if necessary, in the event of the death of an immediate familymember (defined as parents, grandparents, siblings, spouse, children and in-laws). This leave is

generally provided for the demise of close relative, and depends on the policies framed by the

organisation. This leave is not legally entitled but is an innovative approach of HR policies insome of the private firms.

Birthday Leave38

In Bharti Airtel company a half day leave is been provided to the employee for the celebration of

Birthday.

Employee Volunteering Leave

39

Employee volunteering leave is a leave been granted to an employee to participate in volunteerfor a charity. Bharti Airtel Company provides one day paid leave to its employee for

volunteering work.

Minimum Wages in Punjab

byKhushi Mehtalast modified Apr 29, 2011 12:35 PM

Punjab: Minimum Wages w.e.f. March 1, 2011 to August 31, 2011

Sr.

No.Scheduled Employment Category

Total Daily

Minimum

Wages

(In Rupees Per

Day)

1 Agriculturewith meal or foodgrain 138.29

Without meals 153.81

2

Agriculture Implements, Machine Tools and

General

Engineering including Cycle and ElectricalGoods

Industry.

Unskilled 147.73

Semi-Skilled (Lower) 154.85

Semi-Skilled (Upper) 161.01

Skilled (Lower) 164.69

Skilled (Upper) 175.73

Highly Skilled (Lower) 185.57
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12/37

Highly Skilled (Upper) 192.85

Clerk 167.09

Accountant/Graduate

Clerk174.53

Truck/Tempo/Bus Driver/

Supervisor /

Stenographer

192.85

3

Ahatas attached to wine and liquor shops or

Ahatas

attached to Beverages shops except softdrinks and

carbonated Water.

Unskilled 147.73






Highly Skilled (Upper) 192.85Clerk 167.09

Accountant/Graduate

Clerk174.53


Supervisor /

Stenographer

192.85

4

Automobile Repair shops and service stations

(not

attached with any public Motor TransportCompany)

Unskilled 147.73


Semi-Skilled (Upper) 161.01Skilled (Lower) 164.69




Clerk 167.09

Accountant/Graduate

Clerk174.53

Truck/Tempo/Bus Driver

/Supervisor /

Stenographer

192.85

5 Ayurvedic and Unani pharmacies

Unskilled 147.73





13/37




Clerk 167.09

Accountant/GraduateClerk 174.53


/

Supervisor /Stenographer

192.85

6Bakeries including Biscuit making

establishments

Unskilled 147.73




Skilled (Upper) 175.73Highly Skilled (Lower) 185.57


Clerk 167.09

Accountant/Graduate

Clerk174.53


/

Supervisor /

Stenographer

192.85

7 Brick-Kiln Industry

Unskilled 147.73Semi-Skilled (Lower) 154.85






Clerk 167.09

Accountant/Graduate

Clerk

174.53


Supervisor /

Stenographer

192.85

8 Cement Pipe making industriesUnskilled 147.73



14/37






Accountant/Graduate

Clerk174.53


/Supervisor /

Stenographer

192.85

9 Chemical and Distillery Industry

Unskilled 147.73






Clerk 167.09

Accountant/Graduate

Clerk174.53


/


192.85

10 Cinema Industry

Unskilled 147.73







Clerk 167.09Accountant/Graduate

Clerk174.53


/


192.85


15/37

11

Construction and maintenance of roads or

building

operation

Unskilled 147.73






Clerk 167.09

Accountant/Graduate

Clerk174.53


/

Supervisor /

Stenographer

192.85

12Contractors Establishments of the Forest

Department.







Clerk 167.09

Accountant/Graduate

Clerk174.53


Supervisor /

Stenographer

192.85

13 Cotton Ginning and Pressing Factories

Unskilled 147.73





Highly Skilled (Lower) 185.57Highly Skilled (Upper) 192.85

Clerk 167.09

Accountant/Graduate

Clerk174.53


192.85


16/37


14

Electroplating by using salts of Chromium,

Nickel or any

other compound and the connected Buffingand Polishing

Industry.

Unskilled 147.73







Clerk 167.09

Accountant/Graduate

Clerk174.53


/


192.85

15

(a) Ferrous Metal Rolling and Re-Rolling

Industry

Unskilled 147.73







Clerk 167.09

Accountant/GraduateClerk

174.53


/


192.85

(b) Non-Ferrous Metal re-Rolling Industries.

Unskilled 147.73



Skilled (Lower) 164.69Skilled (Upper) 175.73



Clerk 167.09


174.53


17/37


Supervisor /

Stenographer

192.85

(c) Brass, Copper, Aluminum Utensilsmaking Industries

Unskilled 147.73







Clerk 167.09

Accountant/Graduate

Clerk174.53


Supervisor /

Stenographer

192.85

16 Forestry and logging

Unskilled 147.73







Clerk 167.09

Accountant/Graduate

Clerk174.53


Supervisor /

Stenographer

192.85

17Foundries with or without attached Machine

shops

Unskilled 147.73







Clerk 167.09


18/37


174.53


/Supervisor /

Stenographer

192.85

18

Hair Dressing such as those done by Barbers,

HairDressing Saloons, Beauty Shops.

Unskilled 147.73







Clerk 167.09


174.53


/


192.85

19 Hotels , Restaurants, Tea stalls and Halwais

Unskilled 147.73






Clerk 167.09


174.53


/


192.85

20 Ice factories and cold storages.

Unskilled 147.73







19/37


Clerk 167.09

Accountant/Graduate

Clerk174.53


Supervisor /

Stenographer

192.85

21 Laundries services and cleaning and DyeingPlants.

Unskilled 147.73







Accountant/Graduate

Clerk174.53


Supervisor /

Stenographer

192.85

22 Local Authority.

Unskilled 147.73






Clerk 167.09

Accountant/Graduate

Clerk174.53


/Supervisor /

Stenographer

192.85

23

Manufacturing of pulp paper and paper

Boards and strawBoards including news prints

Unskilled 147.73





20/37




Clerk 167.09

Accountant/GraduateClerk 174.53


/


192.85

24

Manufacture and refining of sugar (vacuum

pan sugar

Factories).

Unskilled 147.73






Clerk 167.09

Accountant/Graduate

Clerk174.53


/

Supervisor /

Stenographer

192.85

25

Milk processing and Milk products

Manufacturing

establishments excluding Halwais shops.







Clerk 167.09

Accountant/Graduate

Clerk

174.53


Supervisor /

Stenographer

192.85

26 Motor Body BuildersUnskilled 147.73



21/37






Accountant/Graduate

Clerk174.53


/Supervisor /

Stenographer

192.85

27 Oil Mills

Unskilled 147.73






Clerk 167.09

Accountant/Graduate

Clerk174.53


/


192.85

28 Operation of Tube Wells Industry

Unskilled 147.73








Clerk174.53


/


192.85


22/37

29 Petroleum supply station establishments

Unskilled 147.73






Clerk 167.09

Accountant/Graduate

Clerk174.53


/

Supervisor /

Stenographer

192.85

30 Potteries, Ceramics and Refractory Industry







Clerk 167.09

Accountant/Graduate

Clerk174.53


Supervisor /

Stenographer

192.85

31 Private Education Institution

Unskilled 147.73






Clerk 167.09

Accountant/Graduate

Clerk174.53


192.85


23/37


32

Private Hospital, Clinics, Dispensaries,

Nursing Homesand Medical Shops.

Unskilled 147.73







Clerk 167.09

Accountant/Graduate

Clerk174.53


/


192.85

33 Private Presses

Unskilled 147.73







Clerk 167.09


174.53


/


192.85

34 Public Motor Transport Industry

Unskilled 147.73






Clerk 167.09


174.53


24/37


Supervisor /

Stenographer

192.85

35 P.W.D.(Irrigation Branch)

Unskilled 147.73







Clerk 167.09

Accountant/Graduate

Clerk174.53


Supervisor /

Stenographer

192.85

36 P.W.D.(Public Health)

Unskilled 147.73







Clerk 167.09

Accountant/Graduate

Clerk174.53


Supervisor /

Stenographer

192.85

37 Rice Mills, Flour Mills and Dal Mills

Unskilled 147.73







Clerk 167.09


25/37


174.53


/Supervisor /

Stenographer

192.85

38 Rubber Industry

Unskilled 147.73







Clerk 167.09


174.53


/


192.85

39 Saw Mill and Timber Trade

Unskilled 147.73






Clerk 167.09


174.53


/


192.85

40 Scientific Industry

Unskilled 147.73







26/37


Clerk 167.09

Accountant/Graduate

Clerk174.53


Supervisor /

Stenographer

192.85

41

Shops & Commercial Establishments

(a) Grocers, Karyana and Grain Dealers

Unskilled 147.73






Clerk 167.09

Accountant/Graduate

Clerk174.53


Supervisor /

Stenographer

192.85

(b) General Merchants,

Unskilled 147.73

Semi-Skilled (Lower) 154.85Semi-Skilled (Upper) 161.01





Clerk 167.09

Accountant/Graduate

Clerk174.53


Supervisor /

Stenographer

192.85

(c) Cloth Merchants

Unskilled 147.73




27/37






Clerk174.53


/Supervisor /

Stenographer

192.85

(d) Commission Agents and Bankers.

Unskilled 147.73






Clerk 167.09


174.53


/

Supervisor /

Stenographer

192.85

(e) Furniture dealer Manufacturers

Unskilled 147.73







Clerk 167.09


174.53


/


192.85

42 Soap making and silicate Manufacturing Unskilled 147.73


28/37

establishments Semi-Skilled (Lower) 154.85





Clerk 167.09

Accountant/Graduate

Clerk174.53


Supervisor /

Stenographer

192.85

43 Sports Goods Industry

Unskilled 147.73






Clerk 167.09

Accountant/Graduate

Clerk174.53


/Supervisor /

Stenographer

192.85

44 Stone Breaking and Stone Crushing

Unskilled 147.73







Accountant/Graduate

Clerk174.53


/Supervisor /

192.85


29/37

Stenographer

45 Starch Manufacturing

Unskilled 147.73






Clerk 167.09


174.53


Supervisor /

Stenographer

192.85

46Surgical and clinical Instruments Making

Industries

Unskilled 147.73







Clerk 167.09


174.53


/

Supervisor /

Stenographer

192.85

47Tailors and Readymade Garments

Manufacturer

Unskilled 147.73






Clerk 167.09

Accountant/Graduate

Clerk174.53

Truck/Tempo/Bus Driver 192.85


30/37

/Supervisor /

Stenographer

48 Tanneries and Leathers Manufactures

Unskilled 147.73







Clerk 167.09

Accountant/Graduate

Clerk174.53


/Supervisor /

Stenographer

192.85

49

Textiles Industries (including employment in

woolen

Carpet making or Shawl Weavingestablishments).

Unskilled 147.73







Clerk 167.09

Accountant/Graduate

Clerk174.53


/Supervisor /

Stenographer

192.85

50Dealers in Footwear and Travel Goods like

Suitcases,

Bags, etc.

Unskilled 147.73






Clerk 167.09

Accountant/Graduate 174.53


31/37

Clerk


/


192.85

51Dealers in Book Sellers, Stationers and Book

Binders

Unskilled 147.73







Clerk 167.09

Accountant/Graduate

Clerk174.53


/

Supervisor /

Stenographer

192.85

52Dealers in Tent, Crockery and House hold

Goods

Unskilled 147.73







Clerk 167.09

Accountant/Graduate

Clerk174.53


/

Supervisor /

Stenographer

192.85

53

Dealer dealing in Steel Trunks, Drums,steel Safes,

Vaults and Almirahs, Sanitary and Plumbing

fixtures andfitting of metals.

Unskilled 147.73








32/37

Clerk 167.09

Accountant/Graduate

Clerk174.53


/


192.85

54 Dealers in Medicals and Chemicals.

Unskilled 147.73








Clerk174.53


/Supervisor /

Stenographer

192.85

55 Dealers in Photographic and optical Goods.

Unskilled 147.73






Clerk 167.09

Accountant/Graduate

Clerk174.53


/


192.85

56

Dealers in Electricals and Electrical Goods

including

Radio, TV. Gramophones, public AddressEquipments

and Watch, clock and Watch, clock and

Unskilled 147.73






33/37

Repair Shops. Highly Skilled (Lower) 185.57


Clerk 167.09

Accountant/Graduate

Clerk174.53


/

Supervisor /

Stenographer

192.85

57 Section 2 (K) of the Factories Act,1948.

Unskilled 147.73






Clerk 167.09

Accountant/Graduate

Clerk174.53


Supervisor /

Stenographer

192.85

58

Section 2(i) (Viii) of the Punjab Shops and

Commercial

Establishments Act,1958.

Unskilled 147.73






Clerk 167.09

Accountant/Graduate

Clerk174.53


Supervisor /

Stenographer

192.85

59 Utensil shops

Unskilled 147.73




34/37






Clerk174.53


/Supervisor /

Stenographer

192.85

60

Vegetable Ghee Manufacturing and vegetable

oil Refiningestablishments

Unskilled 147.73






Clerk 167.09


174.53


/

Supervisor /

Stenographer

192.85

Brick Kiln (Piece Rate)

Sr.

No.Category of employment

Rates per 1000

Bricks/Tiles (In

Rupees)

1 Pathera with Jamadari CommissionBricks 297.94

Tiles 330.77

2 Pathera without Jamadari CommissionBricks 280.35

Tiles 315.07

3 Bharai WalaDonkeys/Khacher loader, Rehri,

hota, Thela, etc, (Animal driven.)110.45


35/37

Tempo. Truck (MechanicalDriven)

96.23

Truck Trolly loading unloading

(Pacca Bricks)82.25

4 Chunai Wala 22.27

5 Keri wala 18.6

6 Nikasi wala 70.64

7 Mistri 55.03

Definition of Unskilled, Semi-skilled, Skilled & Highly Skilled Workers

Last Updated by Paycheck India on April 20, 2011

Source: Department of Labour and Employment, Government of Punjab

Disclaimer : Minimum Wages have been provided by the Labour Departments of respectivestates.

All efforts have been made to update the minimum wage data on a regular basis.However, there

might be unforeseen errors.

FREQUENTLY ASKEDQUESTIONS

MINIMUM WAGES AS PER LAW

Is there a separate minimum

wage legislation in India?

Yes, there is a separate minimum wage legislation in India.

Minimum Wages Act, 1948 is an Act to provide for fixing

minimum rates of wages in certain employments and itextends to the whole of India.

Do one or more minimum wage/s,

exists in India?

There exists more than one minimum wages in India. As

per Section 2 of the Act and Section27, 28 it is mentioned

that State as well as Centre has the power to form Minimum

Wage rates

At what level are minimum wage

determined?

In India, minimum wages are declared at national, regional,sectoral and occupational or skill level. As per Section 3 of

the Act minimum rates of wages may be fixed at national &state level. Also, Section 3 (3) of the Act specifies that

minimum rates of wages may be fixed for different skills

and occupations

On what basis is/are minimum

wage/s declared?

Minimum wages in India is declared on daily, hourly, andmonthly basis. As per section 3 (b) of the Act defines that
http://www.paycheck.in/main/officialminimumwages/punjab/definition-of-unskilled-semi-skilled-skilled-highly-skilled-workershttp://www.paycheck.in/main/officialminimumwages/punjab/definition-of-unskilled-semi-skilled-skilled-highly-skilled-workershttp://www.paycheck.in/main/officialminimumwages/punjab/definition-of-unskilled-semi-skilled-skilled-highly-skilled-workers


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Minimum Wages are as per the piece rate, hour rate, andmonthly rate as well

In case of daily/weekly/monthly

minimum wage, are number of

working hours considered while

fixing minimum wages?

As per Section3 (14) (b) of the Act there has not been any

specific time period. But may be in accordance to the periodfixed under section 4 of the Payment of Wages Act, 1936 (4

of 1936)

Who all are involved in setting

minimum wages?

As per Section 9 of the Act uprating are based on decision

ointly made by the Government, employer and trade unionrepresentatives

How are upratings (adjustments)

of minimum wage/s decided

upon?

As per Section 9 of the Act uprating are based on decision

ointly made by the Government, employer and trade union

representatives

Which are the components of

minimum wages in India?

Minimum wages in India has both fixed and variablecomponent. Section 4 mentions that minimum wages may

be inclusive of basic pay and with special allowance on

which it is based.How frequently is the fixed

component of minimum wages

updated?

Fixed component of minimum wages are updated in more

than 2 years. Section 3 of the Act mentions that the period

for revision of fixed component of minimum wages can be

anywhere within 5 years of its fixation.

How frequently is the variable

component of minimum wage

updated?

variable component of minimum wages are updated at

irregular time lags. Section 4 of the Act mentions that the

special allowance rate should be adjusted at such intervals

and in such manner as the appropriate government maydirect

What are the yardsticks on which

minimum wage revisions are

based?

Section 4 of the Act mentions that Minimum wages are

based on basic wages and cost of living index. Theyardsticks on which minimum wage is revised are: (a)

Three consumption units per earner, (b) Minimum food

requirement of 2700 calories per average Indian adult, ( c )

Cloth requirement of 72 yards per annum per family, (d)Rent corresponding to the minimum area provided under

the Government's Industrial Housing Scheme (e) Fuel,

lighting and other miscellaneous items of expenditure toconstitute 20 % of the total Minimum Wages (f) Children

education, medical requirement, minimum recreation

including festivals/ceremonies and provision for old age,

marriage etc. should further constitute 25% of the totalMinimum Wage.

What is the national poverty line?

(In national currency)

The national poverty line is Rs. 356.30 in rural areas and

Rs. 538.60 in urban areas, per capita per month as

updated by all-India poverty lines 2004-05

How often is poverty line

updated?

This scheme is included under Five Year plan as per the

Planning Commission of India. Hence, poverty line is


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updated in every 5 years.

When was poverty line last

updated?Poverty line was last updated in the year 2004-2005

What is the percentage of

minimum wage relative to the

current poverty line?

The percentage of minimum wage relative to the current

poverty line is 581.65% (100*26/447*100). National Floor

level of minimum wage (Rs 100 per person per day) hasbeen used to calculate this figure. In order to derive

monthly minimum wage, Minimum Wage rate is multipliedby 26 (number of work days in a month). National poverty

line is calculated by taking an average of the rural and

urban poverty line (Rs 447 per person per month).

How is minimum wages

compliance regulated?

As per section 19 of Minimum Wages Act, 1948 theappropriate government may by notification in the Official

Gazette appoint such persons as it thinks fit to be Inspector

for the purposes of this Act and define the local limits

within which they shall exercise their functions.

Which legal sanctions can be

applied if compliance is lacking?

In case of non compliance, fines, imprisonment and

payment of arrears can be applied as per law. Section 22 of

the Act mentions that if any one contravanes the rulesformed under the Act he may be punished to pay fine,

imprisonment which may extend to period of six months or

payment of arrears by the employer to the employee.

Are employer and/or trade union

representatives involved in

compliance procedures?

Information pertaining to this is not specified in the

Minimum Wage Act.

To whom/where can individuals

complain, if they think they are

earning less than minimum

wages.

In case individuals earn less than specified minimum

wages, they can complain to Labour Inspectoratecoordinates or Trade Union Coordinates. As per section 19

of Minimum Wages Act, 1948, government may appoint

such person as it thinks fit to be Inspectors for the purposesof this Act. As per section 20 (2) of Minimum Wages Act,

1948 it mention that employee can make complain in

writing by himself or through any legal practitioner or any

official of a registered trade union authorised to act on hisbehalf or any Inspector or any person acting with the

permission of the authority

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