(As Amended by Act No. 1 of 2017 dt. 16-2-2017)
1(4) To factory, Railway etc, industrial establishment in Sec. 2(ii) clauses (a) to (g), By notification u/s 2(ii) (h). 1(5), 1(6) Sec. 2 (i) Does not apply if wage exceeds 24,000 Provisions of the Act to apply to Shops & Establishments by Sec. 38 of Shops & Establishment Act
3 Payment of wages Factories Manager, Industrial Establishment Person responsible for supervision & control. Railways - Nominated person contracter - person nominated by him. 20 (2-A) Person failing to nominate/designate liable to fine of 3000, 5 Time of Payment establishment employing less than 1,000 persons - before 7th day of following month. 13-A Others - 10th day of following month. Registers to be maintained by employer about particulars of employees - Rule 6
2 (i) Appropriate Govt. Central Govt. for Railways, Air-Transport Services, mines and oil fields - State Govt. for all other cases. 2(vi) Wages-includes - (a) to (e) - award, overtime, holiday, addli remuneration, sum payable on termination etc. Does not include (1) to (6) House accommodation, P.F. etc. 2(ii) Industrial establishment Sec. 2(ii) (a) to (h)
8 Fines are to be deducted only with toring ashidauthority's approval which shall not exceed 3% of wages. Opportunity to show cause to be given to employee. It should not be recovered in installments evitets but are to be recovered within 90 days Rules 10, 11, 14, 15.
15(1) Application - within 12 months. May be made after 12 months. Proviso (3) Compensation - Not to exceed 10 times the amount for deductions and ₹ 1500-3000 for delayed wages. (4)(a) For Malicious claim - Penalty - Max. 375 to employer. (b) For wrongful redressal under the borSec.-Max. 375 to Govt.by employer. 16 Single claim application by unpaid group.
7(2) Allowable deductions Rule 2(g) (a) to (q) amenities, loans, income tax etc. Loss of wage not considered deductions In case of penalties, like withholding of increment, reduction to lower scale etc., suspension. (2)(a) Fines- Rules 10, 11, 14, 15. (2)(c) For damage & Loss. Rule 2(g). (3) Deductions not to exceed Co-op. Societies 75%. Other cases - 50% of wages. 9 Absence from duty if provided in Contract of Employment Rule 17. 10 Damage or loss. 11 For services rendered - Only if house accomodations is accepted. 12 Recovery of Advances within 18 months in installments, each not exceeding ¼ of wages Rule 18 Form IV. 13 For payments to Co-op. Societies & Insurance Schemes subject to rules of Govt.
Sec. 17 (1): Appeal Within 30 days before small causes Court or District Court. 17 (1-A): To be accompanied with certificate of deposit. Rule. 2(e).
17-A Attachment - If employer is likely to evade payment. 20(1) Penalties - Employer Contravenes Sec. 5 except (4), Sec. 7, Sec. 8 except (8), Sec. 9, 10 except (2) & Ss. 11 to 13, Fine - Min. 1,500 Max. 7,500. (2) Contravention of Sec. 4, 5(4), 6, 8(8), 10(2), 25-Fine up to 3,750. (3) Fails to maintain registers etc. - Min. ₹ 1,500, Max. ₹7,500. (4) Obstructs Inspector - Fine Min. 1,500, Max. ₹7,500. (5) If guilty for 2nd time under the Act-Imprisonment-Min. 1 month, Max. 6 months and Fine-Min: 3,750, Max. 22,500. (6) Wilfull neglect to pay wages in addition to other actions - Fine up to 750 for each day of failure to pay after fixed date. 26 Contravention of Rules 6, 8, 13, 16, 19 & 20 - Fine up to 200 Rule. 25 (require amendment by appropriate Govt.) Appropriate Govt. - Can priscribe fine 750 to 1,500 for violation of rules.
