Offences and Penalties under Code on Wages, 2019

When Employer pays less amount to Employee

If employer pays to employee less than the amount due to such employee then employer shall be liable to fine which may extend to Rs. 50,000/- (Section-54(1)(a))

Repetition of offence covered under section – 54(1)(a))

On repetition of offence covered under section-54(1)(a)) within 5 years then employer shall be liable to imprisonment which may extend to 3 months, or with fine which may extend to Rs. 100,000/- or with both. (Section-54(1)(b))

When Employer contravenes any other Provisions/Rules/Order

If employer contravenes any other provisions/rules/order then he shall be liable to fine which may extend to Rs. 20,000/- (Section-54(1)(c))

Repetition of offence covered under section – 54(1)(c))

On repetition of offence covered under section-54(1)(c)) within 5 years then employer shall be liable to imprisonment which may extend to 1 month, or with fine which may extend to Rs. 40,000/– or with both. (Section-54(1)(d))

Non-maintenance or Improper maintenance of Records

If there is non-maintenance or improper maintenance of records in the establishment then employer shall be liable to fine which may extend to Rs. 10,000/– (Section-54(2))

Appointment and Power of Officers to impose penalty

The appropriate govt. shall appoint an officer not below the rank of Under Secretary to the Govt. of India/State to impose penalty in certain cases which are covered under section-54(1)(a), (c), (2) and under section-56(7). (Section-53)

Offences by Companies

If an offence under this code is done by a company, then every person who at the time the offence was committed, was in-charge of, and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence, and shall be liable to be punished. (Section-55)

Compounding of offences

Any offence committed under this code except offences punishable with imprisonment only or with imprisonment and also with fine, shall be compound by a Gazetted Officer, specified by the appropriate govt. for a sum of 50% of the maximum fine provided for such offence. (Section-56)

Cognizance of Offence

The cognizance of an offence under this code shall be taken by the court on a complaint made by Appropriate Govt./Authorized Officer/Employee/Registered Trade Union/Inspector-cum-facilitator.

The offences under this code shall be tried by Metropolitan Magistrate/Judicial Magistrate First Class. (Section-52)