Abstract of Minimum Wages Act, 1948 & Basic documents to be maintained under Labour Laws

[FORM IXA] (See Rule 22) Notices
Abstract of the Minimum Wages Act, 1948 and the rules made thereunder:

1. Whom the Act affects.

(a) The Act affects to persons engaged on scheduled employments on specified class of work in respect of which minimum wages have been fixed.

(b) No employees can give up by contract or agreement his rights in so far as it purports to reduce minimum rates of wages fixed under the Act.

II. Definition of wages

1. “Wages” means, all remuneration payable to an employed person on the fulfilment of his contract of employment. It excludes:

(i) the value of any house accommodation, supply of light, water, medical attendance or any other amenity or any service extended by general or special order of the appropriate Government.

(ii) contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of Social insurance;

(iii) the travelling allowance or the value of any travelling concession;

(iv) the sum paid to the person employed to defray special expense entailed on him by nature of his employment;

(v) gratuity payable on discharge.

2. The minimum rate of wages may consist of :-

(i) a basic rate of wages and a special allowance called the cost of living allowance;

(ii) a basic rate of wages with or without a cost of living allowance and the cash value of any concession, like supplies of essential commodities at concession rates;

(iii) an all inclusive rates comprising of basic rate, cost of living allowance and cash value of concession, if any.

3. The minimum wages payable to employees of scheduled employments notified under section 5 read with section 3 or as revised from time to time under section 10 read with section 3 may be-

(a) A minimum time rate;

(b) A minimum piece rate;

(c) A guaranteed time rate;

(d) An overtime rate.

Differing with (1) different scheduled employments (2) different classes of work (3) different localities (4) different wage period and (5) different age groups.

III. Computation and Conditions of Payment

The employer shall pay to every employee engaged in schedule employment under him wages at a rate not less than the minimum rate of wages fixed for that class of employee.

The minimum wages payable under this Act shall be paid in cash, [X X X X X]. Wage period shall be fixed for the payment of wages at intervals not exceeding one month.

Wage shall be paid on a working day within seven days of the end of the wages period or within ten days if 1,000 or more persons are employed.

The wages of a person discharged shall be paid not later than the second working day after his discharge.

If an employee is employed on any day for a period less than the normal working day he shall be entitled to receive wages for a full normal working day provided his failure to work is caused by his unwillingness to work but the omission of the employer to provide him with work for that period.

Where an employee does two or more classes of work to each of which a different minimum of wages is applicable, the employer shall pay to such employee in respect of the time lively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class.

Where an employee is employed on piece work for which minimum time rate and not a minimum piece rate has been fixed the employer shall pay to such employee wages at not less than the minimum time rate.

IV. Hours of work and holidays

The number of hours which shall constitute a normal working day shall be:

(a) in the case of an adult, 9 hours.

(b) In the case of child, 4-1/2 hours.

The working day of an adult worker inclusive of the intervals of rest shall not exceed twelve hours in any day.

[The employers shall allow a day of rest with wages to the employee every week. Ordinarily Sunday will be the weekly day rest, but any other day of the week may be fixed as such rest day. No employee shall be required to work on a day fixed as rest day, unless he is paid wages for that day at overtime rate and is also allowed a substituted rest day with wages (see rule 23).

When a worker works in an employment for more than nine hours on any day or for more than forty-eight hours in any week, he shall in respect of overtime worked be entitled to wages in scheduled employment other than agriculture [X X X X X] at double the ordinary rate of wages.

V. Fine and deductions

No deductions shall be made from wages except those authorised by or under the rules.

Deductions from the wages shall be one or more of the following kinds, namely:

(i) Fines- An employed person shall be explained personally and also in writing the act or omission in respect of which the fine if proposed to be imposed and given an opportunity to offer any explanation in the presence of another [workman]. The amount of the said fine shall also be intimated to him. It shall be such as may be specified by the State Government of [Haryana]. It shall be utilized in accordance with the directions of the State Government of Haryana.

(ii) Deductions for absence from duty.

(iii) Deductions for damage to or loss of goods entrusted to the employee for custody, or for loss of money for which he is required to account, where such damages or loss is directly attributable to his neglect or default. The employed person shall be explained personally and also in writing the damage or loss, in respect of which the deduction is proposed to be made and given an opportunity to offer any explanation in the presence of another person. The amount of the said deduction shall also be intimated to him. It shall be such as may be specified by the State Government of the State of Haryana.

(iv) Deductions for house accommodation supplied by the employer;

(v) Deductions for such amenities and services supplied by the employer as the State Government may by general or special order authorise. These will not Include the supply of tools and protective required for the purpose of employment;

(vi) Deductions for recovery of advances or adjustment of over-payment of wages; such advances shall not exceed and amount equal to wages for two calendar months of the employed Persons and the monthly instalment of deductions shall not exceed one-fourth of the wages earned in that month;

(vii) Deductions of income-tax payable by the employed persons;

(viii) Deductions required to be made by order of the court or other competent authority;

(ix) Deductions for subscription to and for repayment of advances from any provident fund;

(x) Deductions for payment to co-operative societies or to a scheme of insurance approved by the Government of the State of Haryana.

VI. Maintenance of Register and Records

Every employer shall maintain a register of wages specifying the following particulars for each period in respect of each employed person :-

(a) The minimum rates of wages payable.

(b) The number of days in which overtime was worked.

(c) The gross wages.

(d) All deductions made from wages.

(e) The wages actually paid and the date of payment

Every employer shall issue wage-slips containing prescribed particulars to every person employed.

Every employer shall get the signature or the thumb impression of every person employed on the wage-book and wage-slips.

Entries in the wage-books and Wage-slips shall properly authenticated by the employer of his agent.

A Muster Roll shall be maintained by every employer and kept in the form prescribed.

Every employer shall keep exhibited at such places selected by the Inspector, notice in Hindi and English language of the following particulars in a clean and legible form:-

(a) Minimum rate of wages.

(b) Abstract from the Act and the Rule made thereunder.

(c) Name and address of the Inspector.

VII. Inspectors

Any Inspector can enter in any premises and can exercise powers of Inspection (including examination of documents and taking of evidence) as he may deem necessary for carrying out the purpose of the Act.

VIII. Claims and Complaints

Where an employee is paid less than the minimum rates of wages fixed for his class of work, or less than the amount due to him under the provisions of this Act, he can make an application in the prescribed form within six months to the authority appointed for the purpose.

An application delayed beyond this period may be admitted if the authority is satisfied that the applicant had sufficient cause for not making the application within such period. Any legal practitioner, official of a registered trade union. Inspector under the Act or other person acting with the permission of the Authority can make the complaint on behalf of an employed person.

A single application may be presented by or on behalf of any number of persons belonging to the same factory the payment of whose wages has been delayed.

A complaint regarding less payment of notified wages under section 21 of the Act can be made to the court only with the sanction of the Authority within one month of the grant of such sanction.

A complaint under section 22 of the Act can be made to the court only by or with the sanction of an Inspector within six months of the date on which the offence is alleged to have been committed.

IX. Action by the Authority

The authority may direct the payment of the amount by which the minimum wages payable exceed the amount actually paid together with the payment of compensation not exceeding ten times the amount of such excess. The Authority may direct payment of compensation in cases where the excess is paid before the disposal of the application.

If a malicious or vexatious complaint is made, the authority may impose a penalty not exceeding ₨. 50/- on the applicant and order that it be paid to the employer.

Every direction of the Authority shall be final.

X. Penalty for offence under the Act

Any employer who pays to any employee less than the amount due to him under the provision of this Act or infringes any order of rules in respect of normal working day, weekly holiday shall be punishable with imprisonment of either description for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.

Any employer who fails to maintain a register or record required to be maintained under section 18 shall be punishable with fine which may extend to five hundred rupees.

XI. Minimum Rates of Wages Fixed

Name of undertaking ………………………………………………………………………………………………….

Serial No.

Category of employees

Minimum wages

XII. Name and address of the Inspector (s).

Name

Address

Basic documents to be maintained by HR under  Labour Laws