The Minimum Wages Act1948

The Wages Act1936

Introduction

• Passed in 1936 and it came to force from 28th March ( Act was amended in 1937, 40, 51, 57, 64, 70, 71, 76, and 1982.

• This Act cover persons whose average wages are below Rs. 1600/-

DEFINITION

The following are have been held to be wages

1. Remuneration payable as per terms of contract, including (HRA), (DR)

2. Annual increments payable in accordance with express or implied terms of contract.

3. Compensation payable to workmen in case of closing down of undertaking under section 25FF of the (ID) Act, 1947

4. Claim payable to an employee by reason of the termination of his employment

APPLICABILITY OF THE ACT

Objective:

Scope of the Act

Sec 3: Responsibility for Payment of Wages

Wage period-3(3)

Wages in Cash

Sec 7: Authorized Deductions from Wages

Sec 8: Fines

NORMAL WORKING HOURS

Wages for less than the normal working day(sec15)

wages for overtime (sec14)

Sec 9: Deductions for absence from duty

Sec 12: Deductions for Recovery of Advances

Maintenance of Registers and Records Sec(13,A)

Particular of persons employed The work performed by the persons employed The wages paid to the persons employed The deduction made form the wages of the

person employed Receipt given by the person employed and Such

other particulars as the rules.

Who can hear claims ?

A Presiding officer of any Labour court or industrial Tribunal under the (ID) Act. 1947

Any Commissioner for workmen's compensation Other officer with experience as a judge of a civil

court A Stipendiary magistrate

Who can make claims?

Employed person himself Any legal practitioner Any official of the Registered Trade Union

Authorized in writing to Act on his behalf Any Inspector under this Act Any other person acting with the permission of

the authority to be appointed to her such claims under Section 15(1)

Procedure for ClaimsEvery application must be presented within 12 month form the date of deduction or the date on witch the payment of wages was due to be made. A bonafide error or bonafide dispute as to the

amount payable to the employed person The occurrence of an emergency or the existence of

exceptional circumstances such that the person responsible for the payment of the wages was unable, though exercising responsible diligence, to make prompt payment

The failure of the employed person to apply for or accept payment.

PROCEDURE FOR CLAIMS

Penalties (sec22)

POWER TO MAKE RULES