minimum wages
DESCRIPTION
TRANSCRIPT
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
MINIMUM WAGESFILMA VARGHESE
TRADE MARK DEPARTMENT
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
OBJECTIVES
Minimum Wages Act, 1948 is a central legislation
To provide minimum statutory wages for scheduled employments
To obviate the chances of exploitation of labour through payment of very low and sweating wages
Provides provisions for maximum daily working hours, weekly rest day and overtime
Rates fixed under Minimum Wages Act prevail over the rates fixed under award/agreement
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
SCOPE AND COVERAGE
Extends to the whole of IndiaApplies to all establishments employing
one or more persons and engaged in any of the scheduled employments
The Act covers an out-worker to whom the materials are given out for manufacturing or processing at his own premises
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
ADMINISTRATION
The Act’s enforcement is administered by the Central and State Government in their respective spheres
The State shall fix the minimum rates of wages in respect of the various scheduled employments, make the rules, appoint inspectors and an Authority to decide claims relating to non-payment of minimum wages
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
COMMITTES AND ADVISORY BOARDS
To hold inquiries and advise it in respect of fixation or revision of minimum rates of wages
Advisory boards – for the purpose of co-coordinating the work of committees and sub-committees
Advising in the matter of fixing and revising minimum rates of wages
Central Advisory boards – For advising the Central and State Government in the matters of fixation and revision of minimum rates of wages and other matters, and for co-coordinating the work of Advisory boards
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
CONSITIUTION
Persons nominated by the Government, equally representing the employers and employees in the scheduled employment
1/3 members shall be independent persons one of whom shall be appointed as the Chairman
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
WAGES
Wages means all remuneration expressible in money terms and payable to an employee including house rent but excluding value of any house accommodation supply of light, water, medical attendance or any other amenity contribution to any pension or provident fund, travelling allowance, reimbursement of any special expense and gratuity.
FIXATION OF MINIMUM RATES OF WAGES The State Government is empowered to fix minimum rates of wages
for different classes of employees – skilled, unskilled, clerical, and supervisory
Review and revise the same from time to time, the interval between two revisions not exceeding five years, considering the change in price index and dearness allowance
WAGES FOR TWO OR MORE CLASSES OF WORKWhere an employee does two or more classes of work, to each of which a different rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
FIXATION OF WORKING HOURS
Fix the number of working hours constituting a normal working day inclusive of one or more intervals
Provide for a rest day with wages, in every period of 7 days and
Provide for payment for work on a rest day at a rate not less than the overtime rate
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
OBLIGATION OF EMPLOYERS
1. PAYMENT OF MINIMUM WAGES a. Not less than the minimum rates of wages fixed for that class of
employee for employment without making any deductions there form except those permitted under the Payment of Wages Act
b. The employees are entitled for minimum wages at all times and under all circumstances
c. An employer who cannot pay the minimum wage has no right to engage labour and no justification to run the industry.
d. Where an employee works on any day for a period less than the requisite number of hours constituting a normal working day, he shall still be entitled to receive wages for the full normal working day, excepti. where his failure to work is caused by his unwillingness to
work and not by the omission of the employer to provide him with work, and
ii. in such other cases and circumstances as may be prescribed. If an employee is employed on piece-work basis, the employer shall pay to him, wages at not less than the minimum time rate. The linkage of minimum wages with performance or output, if it falls short of such wages, shall be illegal.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
CONTINUED….
2. WAGES IN CASH OR KINDAs a rule, the wages payable under the Act should be paid in cash. The appropriate Government may, however, permit the payment of wages wholly or party in kind, keeping in view the prevailing custom, and also allow the supply of essential commodities at concessional rates. The cash value of wages in kind and of concession in respect of supply of essential commodities at concessional rates shall be estimated in the prescribed manner.
3. OVERTIME WAGES
a. If an employee works on any day in excess of the normal working hours, the employer shall pay to him overtime wages for every hour or for part of an hour, so worked in excess, at the rate prescribed under this Act or under any other law, whichever is higher.
b. As per Factories Act, overtime wages are to be paid at twice the normal rate of wages.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
CONTINUED….
4. RETURN, REGISTERS AND RECORDSa. The employer is required to furnish an annual return in
Form No. III by the 1st February of the succeeding year. b. The employer should maintain the prescribed registers and
records giving particulars of employees employed by him, the work performed by them, the wages paid to them, the receipts given by them, etc.
c. The employer shall also issue wage-books or wage-slips to the employees, if required by the Government and make authenticated entries therein.
5. PAYMENT OF UN-DISBURSED AMOUNTSIf any amount payable to an employee as wages or otherwise under this Act, remains un-disbursed on account of death of the employee or his whereabouts not being known, then the same shall be deposited by the employer with the prescribed authority.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
RIGHTS OF EMPLOYEES
a. The employees have a right to file claims arising out payment of less than minimum rates of wages, or wages for rest days, overtime, etc.
b. The application for claims should be field before the authority appointed under this Act for deciding claims, within 6 months from the date on which the wages become payable.
c. A delayed application can also be entertained provided there was a sufficient cause for the delay. The application may be presented by the employee himself, or through a legal practitioner or an official of a registered trade union, authorized by him in this behalf.
d. The application may be moved by a present or past employee. e. On receiving an application for claims, the authority shall make
necessary inquiry and after allowing an opportunity of being heard to the employer and the employee, may direct for payment of i. in the case of a claim arising out of payment of wages at less
than the minimum rates fixed, the amount by which the minimum wages payable exceed the wages actually paid, together with a compensation (maximum 10 times of such amount in excess); and
ii. in any other case, the amount due to the employee, together with a compensation (maximum Rs. 10).
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
OFFENCES AND PENALITIES
Offences PenaltiesPayment of wages at less than the minimum rates fixed or amounts due under the Act.
Imprisonment up to 6 months or fine up to Rs. 500 or both.
Contravention of any rule or order made u/s 13 in respect of normal working hours.
Imprisonment up to 6 months or fine up to Rs. 500 or both.
Contravention of any other provision of the Act or any rule or order made there under.
Fine up to Rs. 500
Where a claim made u/s 20 by an employee is found to be malicious or vexatious.
Fine up to Rs. 50 (payable to the Employer).
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
THANK YOU