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MINIMUM WAGES ACT,1948 & PAYMENT OF WAGES ACT,1936 PRESENTED BY- VANDITA KOLI 26 SWATI MAHADIK 30

Payment of wages act n Minimum wages act

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Page 1: Payment of wages act n Minimum wages act

MINIMUM WAGES ACT,1948&

PAYMENT OF WAGES ACT,1936

PRESENTED BY-

VANDITA KOLI 26

SWATI MAHADIK 30

Page 2: Payment of wages act n Minimum wages act

THE MINIMUM WAGES ACT,1948(ACT NO. 11 OF 1948)

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OBJECT It extends to the whole of India.

To provide for fixing minimum rates of wages in certain employments.

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APPLICABILITY The minimum wages act 1948 is applicable to various schedule of

employment which is notified by the appropriate government from time to time.

The act is applicable to all types of employees that is whether they are monthly rated, part-time employees, daily rated or piece rated employees, casual, temporary or permanent employees.

Page 5: Payment of wages act n Minimum wages act

FIXATION OF MINIMUM RATES OF WAGES

Section 3 The appropriate government to fix minimum rates of wages. The

employees employed in para 1 or B schedule either at 2 or either part of notification u/s 27.

To make review at such intervals not exceeding five years the minimum rates or so fixed and revised the minimum rates.

Government can also fix minimum wages for time work Piece work at piece rate Piece work for the purpose of securing to such employees on a

time work basis Overtime work done by employees for piece work or time rate

workers.

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MINIMUM RATE OF WAGES  Section 4

The minimum wages consist: Basic rate of wages and special allowance or cost of living

allowance or

Basic rate of wages with or without cost of living allowance or

All inclusive rates, cost of living allowance and the cash value of the concessions if any.

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PROCEDURE FOR FIXING & REVISING MINIMUM RATES OF WAGES

According section 5 -By appointing one or more committees and sub-committees consisting of representatives of employers and employees and also of independent persons to hold necessary enquiries and by taking into consideration the advice tendered by the committee or committees, or

By formulating and publishing its proposals and taking into consideration the representations received in response to the proposals.

Advisory Board 

Central Advisory Board

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COMPOSITION OF COMMITTEES Section 9 Each of the committees sub-committees and the Advisory Board

shall consist of persons to be nominated by the appropriate government representing employers and employees in the scheduled employments who shall be equal in number and independent persons not exceeding one-third of its total number of members;

one of such independent persons shall be appointed the Chairman by the appropriate government.

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Section 11 - Wages in kind

Section 12 - Payment of minimum rate of wages

Section 13 - Fixing hours for normal working day

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OVERTIME Section 14 To be fixed by the hour, by the day or by such a longer wage-

period works on any day in excess of the number of hours constituting a normal working day.

Payment for every hour or for part of an hour so worked in excess at the overtime rate double of the ordinary rate of wages.

Page 11: Payment of wages act n Minimum wages act

WAGES OF WORKER WHO WORKS FOR LESS THAN NORMAL WORKING DAY

Section 15 If an employee whose minimum rate of wages has been fixed

under this Act by the day works on any day on which he was employed for a period less than the requisite number of hours constituting a normal working day he shall save as otherwise hereinafter provided be entitled to receive wages in respect of work done by him on that day as if he had worked for a full normal working day

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WAGES FOR TWO OR MORE CLASSES OF WORK Section 16 Where an employee does two or more classes of work to each of

which a different minimum rate of wages is applicable the employer shall pay to such employee in respect of the time respectively occupied in each such class of work wages at not less than the minimum rate in force in respect of each such class.

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MINIMUM TIME RATE WAGES FOR PIECE WORK Section 17

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

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MAINTENANCE OF REGISTERS AND RECORDS Section 18 Register of fines Annual returns Register for overtime Register of wages Representation of registers

Section 19Inspectors The appropriate government may by notification in the Official

Gazette appoint such persons as it thinks fit to be Inspectors for the purposes of this Act and define the local limits within which they shall exercise their functions. 

Page 15: Payment of wages act n Minimum wages act

CLASSIFICATION OF EMPLOYEES The employees are classified as under.

(i)Highly skilled

(ii)Skilled

(iii)Semiskilled

(iv)Unskilled & others.

Page 16: Payment of wages act n Minimum wages act

DIFFERENT ZONES

Zone I

Zone II

Zone III

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Sr.No. Categories of workers

Zone1 Zone 2 Zone 3

Basic Wages

Special Allowance

Total Basic Wages

Special Allowance

Total Basic Wages

Special Allowance

Total

(In Rupees per day)

1

Skilled 128.08 36.74 164.82

124.23 36.74 160.97 112.69 36.74 149.43

Semi skilled

124.23 36.74 160.97

120.38 36.74 157.12 108.85 36.74 145.59

Unskilled

120.38 36.74 157.12

116.54 36.74 153.28 105.00 36.74 141.47

Minimum Wages in Maharashtra w.e.f 1stJuly,2009 to 31stDecember,2009

Page 18: Payment of wages act n Minimum wages act

PAYMENT OF WAGES ACT,

1936

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OBJECTIVE OF THE ACT To regulate the payment of wages of

certain classes of employed persons

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APPLICABILITY FACTORY INDUSTRIAL ESTABLISHMENT TRAMWAY SERVICE OR MOTOR

TRANSPORT SERVICES ENGAGED IN CARRYING PASSENGERS OR GOODS OR BOTH BY ROAD FOR HIRE OR REWARD

MINE, QUARRY OR OIL FIELD PLANTATION

WORKSHOPS OR OTHER ESTABLISHMENTS, ETC

Page 21: Payment of wages act n Minimum wages act

COVERAGE OF EMPLOYEES Drawing average wage upto Rs. 6500

pm

Page 22: Payment of wages act n Minimum wages act

SECTIONS

Page 23: Payment of wages act n Minimum wages act

TIME OF PAYMENT OF WAGES(SEC. 5) The wages of every person employed be

paid

When less than 1000 persons are employed

Shall be paid before the expiry of the 7th day of the following month

When more than 1000 workers, before the expiry of the 10th day of the following month

Page 24: Payment of wages act n Minimum wages act

WAGES TO BE PAID IN CURRENT COINS OR CURRENCY NOTESSEC. 6 All wages shall be paid in current coins

or currency notes or both

After obtaining the authorization ,either by cheque or by crediting the wages in employees bank account

Page 25: Payment of wages act n Minimum wages act

DEDUCTION MADE FROM WAGES(SEC.7) Deductions such as, fine, deduction for

amenities and services supplied by the employer, advances paid, over payment of wages, loan granted for house-building or other purposes, income tax payable, PF contributions, cooperative societies, premium for life insurance, contribution to any fund constituted by employer or a trade union, recovery of losses, ESI contributions etc.

Page 26: Payment of wages act n Minimum wages act

FINES AS PRESCRIBED BY(SEC. 8) Not to imposed unless the employer is

given an opportunity to show cause

Page 27: Payment of wages act n Minimum wages act

DEDUCTION FOR ABSENCE FROM DUTIES FOR UNAUTHORISED ABSENCE(SEC.9) Absence for whole or any part of the

day-

If ten or more persons absent without reasonable cause, deduction of wages upto 8 days.

Page 28: Payment of wages act n Minimum wages act

DEDUCTION FOR DAMAGE OR LOSSSECTION 10 For default or negligence of an

employee resulting into loss

Show cause notice has to be given to the employee

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THANK YOU