Objectives
An Act to provided for minimum statutory wages in scheduled employment's with a view to obviate the chances of exploitation of labour through payment of very low wages by fixing minimum rates of wages. The Act also provides for the maximum daily working hours, weekly off day m d overtime.
Scope and Coverage
The Act extends to the whole of India and covers employment in agriculture; public motor transport; mica works; plantations: oil mills; tobacco, lac, tanneries and leather manufactures; woollen and carpet making and shawl weaving; rice, flour, and dal mills; local authority; road construction and maintenance or bullding operations: arld stone breaking or crushing. The Central and State Governments rnake necessary amendments from time-to-time to extend its coverage by adding new employments to the schedule. The Act is applicable to all employees who are engaged to do any work, skilled, unskilled, manual or clerical, m a scheduled employment including "out workers" who are supplied material by employer andwork at their own home or elsewhere. However, members of the armed forces are excluded from the purview of the Act.
Administration
Tlie Act is administered and enforced by both Central and State Governments in their respective spheres. Both the Central and State Governments have powers to appoint inspcctors for enforcing the provisions of the Act, appoint inspectors for enforcing tile provisions of t l ~ e Act, appoint an authority for hearing and deciding claiins for short or non-payment of minimum wages and make rules for carrying out the purpose of the Act.
Pmcedure for Fixing Minimum Rates of Wages
Under tile Act, separate minimum rates of wages may be fixed for differen1 scheduled employment's different classes of work in the same schedule, different facilities and different rates for adults, adolescents, children and apprentices. Mi~liiiium rates of wages may also be fixed for hour, day or month or such other longer wage period as may be prescribed and where such rates are fixed by the day or by the month, the manner ot calculating wages for a month or for a day may be indicated.Miniilium wages may be fixed or received either by notifying the propc~sal in tlie offlcial gazette two month before they become effective or after considering the advice of ruiy committee or sub-committee appointed by the appropriate Government.
Obligations of the Employer
The main obligations of the employer are as under :
(a) to pay every employee engaged in a schedule employment under him, the nunilnum rates of wages fixed by the appropriate Government under the Act without any deduction except as may be authorised under the Paylllent of Wages Act, 1936;
(b) to observe all directions which may be issued under the Act will] regard to normal working hour, weekly off day and overtime rate;
(c) to maintain registers and records as required by the Government showing particulars of employees, work performed by them, their working hours,wages paid and receipt thereof; and
(d) to issue wage slips to enlployees in respect of minimum rates of wages if required by the Government, and make authenticated entries in such wage slips.
Rights of Workers
Following are the important rights of tlie workers :
(a) to receive minimum wages including overtime wages, as fixed and notified by the appropriate Government; and
(b) to file claim for short payments within six months from the date the minimum wages became payable. Delay in filing the claim may be condoned by the appropriate authority for any sufficient cause.
Offences and Penalties
Any employer who pays less than the minimum rates of wages to its employee or less Illan the amount due to him under Ule provisions of thls Act or contravenes any of the rules or order made under the Act shall be punishable with imprisonrne~lt for a term which may extend to six months or with fine which may extend to Rs. 500 or both.
An Act to provided for minimum statutory wages in scheduled employment's with a view to obviate the chances of exploitation of labour through payment of very low wages by fixing minimum rates of wages. The Act also provides for the maximum daily working hours, weekly off day m d overtime.
Scope and Coverage
The Act extends to the whole of India and covers employment in agriculture; public motor transport; mica works; plantations: oil mills; tobacco, lac, tanneries and leather manufactures; woollen and carpet making and shawl weaving; rice, flour, and dal mills; local authority; road construction and maintenance or bullding operations: arld stone breaking or crushing. The Central and State Governments rnake necessary amendments from time-to-time to extend its coverage by adding new employments to the schedule. The Act is applicable to all employees who are engaged to do any work, skilled, unskilled, manual or clerical, m a scheduled employment including "out workers" who are supplied material by employer andwork at their own home or elsewhere. However, members of the armed forces are excluded from the purview of the Act.
Administration
Tlie Act is administered and enforced by both Central and State Governments in their respective spheres. Both the Central and State Governments have powers to appoint inspcctors for enforcing the provisions of the Act, appoint inspectors for enforcing tile provisions of t l ~ e Act, appoint an authority for hearing and deciding claiins for short or non-payment of minimum wages and make rules for carrying out the purpose of the Act.
Pmcedure for Fixing Minimum Rates of Wages
Under tile Act, separate minimum rates of wages may be fixed for differen1 scheduled employment's different classes of work in the same schedule, different facilities and different rates for adults, adolescents, children and apprentices. Mi~liiiium rates of wages may also be fixed for hour, day or month or such other longer wage period as may be prescribed and where such rates are fixed by the day or by the month, the manner ot calculating wages for a month or for a day may be indicated.Miniilium wages may be fixed or received either by notifying the propc~sal in tlie offlcial gazette two month before they become effective or after considering the advice of ruiy committee or sub-committee appointed by the appropriate Government.
Obligations of the Employer
The main obligations of the employer are as under :
(a) to pay every employee engaged in a schedule employment under him, the nunilnum rates of wages fixed by the appropriate Government under the Act without any deduction except as may be authorised under the Paylllent of Wages Act, 1936;
(b) to observe all directions which may be issued under the Act will] regard to normal working hour, weekly off day and overtime rate;
(c) to maintain registers and records as required by the Government showing particulars of employees, work performed by them, their working hours,wages paid and receipt thereof; and
(d) to issue wage slips to enlployees in respect of minimum rates of wages if required by the Government, and make authenticated entries in such wage slips.
Rights of Workers
Following are the important rights of tlie workers :
(a) to receive minimum wages including overtime wages, as fixed and notified by the appropriate Government; and
(b) to file claim for short payments within six months from the date the minimum wages became payable. Delay in filing the claim may be condoned by the appropriate authority for any sufficient cause.
Offences and Penalties
Any employer who pays less than the minimum rates of wages to its employee or less Illan the amount due to him under Ule provisions of thls Act or contravenes any of the rules or order made under the Act shall be punishable with imprisonrne~lt for a term which may extend to six months or with fine which may extend to Rs. 500 or both.
No comments:
Post a Comment