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Prepared by: Himanshu Soni Hardik Trivedi Rushank Shah Smital Solanki
Rahul Shah
Jasu Sangad
dealing with the fixation of minimum rates of wages for workers employed in different exacting employments including agriculture.
Scope
y The Act empowers the state and the central
governments, to fix minimum rates of wages with respect of workers employed in the following industries or employments listed in the Schedule of the Act, which contains two parts I and II.
y
1.
PART I
Woolen carpet making or shawl weaving establishment 2. Rice mill, flour mill or dal mill 3. Plantation 4. Tobacco 5. Oil mill 6. Local authority 7. Road construction or building operations 8. Stone breaking or stone crushing 9. Lac manufacturing 10. Mica works 11. Public motor transport 12. Tanneries and leather manufacturing
PART II
Agriculture, which includes any form of farming including the cultivation and tillage of the soil, dairy farming, the production, cultivation, growing and harvesting of any agricultural or horticultural commodity, the raising of livestock, bees or poultry, and any practice performed by a farmer or on a farm as incidental to or in conjunction with farm operations .
y
The Act empowers the central and state governments to extend the application of the Act to any employments in their respective jurisdictions where fixation of minimum rates of wages is considered necessary.
Any minimum rate of wages fixed or revised by the appropriate government may consist of: (a) a basic wage rate and a cost of living allowance, or (b) a basic rate with or without the cost of living allowance and the cash equivalent of the concession, in respect of supplies of essential commodities, at concession rates, or (C) an all-inclusive rate.
a.
b.
In fixing minimum rates of wages in respect of any scheduled employment the appropriate Government shall either appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation, or by notification in the Official Gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months from the date of the notification, on which the proposals will be taken into consideration.
representations thus received will fix minimum rates if wages in respect of the employment by making notification in the official gazette.
procedures are to come into force on the expiry of three months from the date of notification, unless the notification specifies a particular date.
of representatives of employers and employees in the scheduled employments in equal number and independent persons not exceeding one-third of the total number.
the chairman.
Advisory Boards
y For co-ordinating the work of committees and subcommittees and advising the government generally in the matter of fixing and revising minimum rates of wages Advisory Boards are appointed. y The Advisory Boards is to consist of equal number of representatives of the employers and employees, and independent persons not exceeding one- third of the total number.
Mode of Payment
y The Act provides for the payment of fixed minimum wages in cash. However, where the system of wage payment in kind is prevalent, the appropriate government may authorise the payment of wages partly in kind. y Where an employee is required to do two or more classes of work, he is entitled to the minimum rate of wage fixed for each class separately.
hours of work for a working day, including one or more intervals in respect of the scheduled employments.
y They may also provide for a rest and remuneration
Cont
complimentary work o Employees whose employment is essentially intermittent o Employees engaged in any work which has to be completed before duty is over o Employees engaged in work which could not be carried on except at times dependent on the irregular actions of the natural forces
Claims
y The Commissioner for Workmen s Compensation or
any officer of the central government exercising functions as a Labour Commissioner for any region, may be appointed an Authority under the Act. y Authority is empowered to hear and decide for any specified area, all claims arising out of payment of less than the minimum rates of wages
y Application has to be made within 6 months from the date on which the payment of the wages was due to be made. y A single application may be made on behalf or in respect of any number of employed persons belonging to the same unpaid group. y Every authority appointed for this purpose has all the powers of a civil court under the Code of Civil Procedure, 1908
registers containing particulars of employees, work performed by them, wages paid to them, receipts given by them and other prescribed particulars. y Notices containing prescribed particulars have to be exhibited in the factory, workshop or a place where the employees in scheduled employments are employed.
2.
Payment of less than minimum wages or contravention of any rule or order relating to hours for normal working day is punishable with imprisonment for a term which may extend to 6 months or with fine extending up to Rs.500 or with both. Where the claim by an employee is malicious or vexatious, he may be punished with a fine not exceeding Rs.50 which is payable to the employer.