paymentofwages

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Vibhuti chauhan

Ankur Pareek


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Object of the Act Applicability of the Act Definitions Responsibility for the Payment of Wages Fixation of wage-period Time of Payment of Wages

Method of Payment of Wages Deductions Authority under Payment of Wages Appeal


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To avoid unnecessary delay in the payment of

wages

To prevent unauthorized deductions from

wages


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The Payment of Wages Act, 1936 extends to whole

of India.

Persons employed

in any factory

by railway administration or, either directly or

through a sub-contractor

in an industrial or other establishments. Act applies to employed persons drawing average

wages not exceeding Rs.10,000/- Per Month.


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Tramway service , or motor transport service

Air transport service other than such service

belonging to, or exclusively employed in themilitary, naval or air forces of the Union or

the Civil Aviation Department of the

Government of India;

Dock, wharf or jetty;

Inland vessel, mechanically propelled;


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Mine, quarry or oil-field; Plantation; Workshop or other establishment, in which articles

are produced, adapted or manufactured. Establishment in which any work relating to the

construction, development or maintenance ofbuildings, roads, bridges or canals etc.

Any other establishment or class of establishmentswhich the Central Government or a StateGovernment may specify, by notification in theOfficial Gazette


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Wages include any remuneration:-

Payable under any award or settlement

between the parties or order of a Court;Overtime work or holiday or any leave period;

Any addition remuneration under the terms of

employment.

Wages does not includes any bonus, house

rent reimbursement, pension fund or provident

fund, travelling allowance and any gratuity.


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Every employer shall be responsible for thepayment of wages to persons employed by him.

Person named as Manager under the FactoriesAct,1948.[Section 7(1)]

In other Establishments- a person responsible tothe employer for the supervision and control ofthe industrial establishment.


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In Railway AdministrationPerson nominated

by the Railway Administration in this behalf.

In the case of contractor, a person designated by

such contractor who is directly under his charge.

In any other case, a person designated by theemployer as a person responsible for complying

with the provisions of the Act.


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The period to be fixed for paying wages

to an employed person must not exceed

one month.


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Wages must be paid on a working day and not on aholiday.

Any Railway, Factory or Industrial or OtherEstablishment upon or in which less than onethousand persons are employed, shall be paid

before the expiry of the Seventh day, after the lastday of the wage-period.

Any other railway, factory or industrial or otherestablishment, shall be paid before the expiry of theTenth day,after the last day of the wage-period.


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In the case of persons employed on a Dock, Wharf or

Jetty or in a Mine - after the last day of the wage-

period in respect of which the wages are payable

shall be paid before the expiry of the seventh day,

from the day of such completion of final tonnage

account of the ship or wagons loaded or unloaded, as

the case may be.

When the employment of any person is terminated-

paid before the expiry of the second working day

from the day of termination.


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Wages must be paid in current coin or currency

notes or in both and not in kind.

Wages can be paid by cheque or by creditingthem in the bank account if so authorized in

writing by an employed person.


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General Rule - The wages of an employed person shall be paid

to him without deductions of any kind except those authorized

by or under this Act.

Fines

Deductions for absence from duty

Deductions for damage to or loss of goods of employed person

Deductions for house-accommodation supplied by the

employer


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1) A notice shall be exhibited on the premises.

2) An opportunity of showing cause shall be given.

3) Amount of fine shall not exceed an amount equal to 3% of thewages.

4) An employed person under the age of fifteen years cannot be fined.

5) Fine cannot be recovered by installments or after the expiry of 90

days from the day on which it was imposed.

6) Fine shall be deemed to have been imposed on the day of the act.

7) All fines and all realizations thereof shall be recorded in a register.


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1. Such absence being for the whole or any part of the

period during which he is so required to work.

2. If 10 or more employed persons remains absent then

such deduction may not exceed his wages for 8 days.


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Such deduction shall not exceed the amount of the

damage or loss caused to the employer.

Employee is given an opportunity of showing cause.

All such deduction shall be recorded in a register.


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1. Recovery of advance given before employment

began shall be made from the first payment.

2. Recovery of an advance given after employment

began shall be subject to such conditions as the

Appropriate Government may impose.


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(1) Appointment :The Appropriate Government may, by notification in the Official

Gazette, appoint :

a) Presiding officer of any Labour Court

b) Presiding officer of any Industrial Tribunal

c) Any Commissioner for Workmens Compensation

d) Any other officer with experience as a Judge of a Civil Court or as a

Judicial Magistrate

to be the Authority to hear and decide the claims arising out of

deductions from the wages, or delay in payment of the wages of

employed persons.


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(2) Application :

Where payment of wages have been delayed or any deduction has been

made from wages, the application can be made to the Authority by :

a) The Person himself or

b) Any legal practitioner or

c) Any official of a registered trade union, duly authorized in writing. or

d) Any Inspector under this Act or

e) Any other person acting with the permission of the Authority.


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(3) Process :

Authority shall hear the applicant and the employer or other person

responsible for the payment of wages.

The Authority may direct the refund to the employed person of the amount

deducted, or the payment of the delayed wages, together with the payment

of such compensation.

The compensation shall not exceed 10 times the amount deducted in the

former case and not exceeding 3000 rupees but not less than 1500 rupees.


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No compensation shall be made in the case of delayed wages, if

the Authority is satisfied that :

1) The delay was due to bona fide error / dispute as to the amount payable

to the employed person.

2) The person responsible was unable to make payment due to exceptional

circumstances, even though exercised due diligence.

3) The delay was due to the failure of the employed person to apply for or

accept payment .


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(1) An Appeal against an order of the Authority should be made within 30

days of the date of the said order / direction, before Court of Small

Causes and elsewhere before the District Court.

a) By the Employer or person responsible for payment of wages, if:

The total sum directed to be paid by way of wages and compensation

exceeds 300 rupees.

b) By an employed person, if:

The total amount of wages claimed to have been withheld from the

employed person exceeds 20 rupees.


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