Applicability
Applicability Employment mentioned in Part I and II of schedule, and as per S. 27
Applicability Employment mentioned in Part I and II of schedule, and as per S. 27
Appropriate govt. shall fix for employments in Part I or II of sch. And by notification and revise the rates at intervals of not more than 5 yrs. - Minimum rate for-Time work, Piece work, guaranteed time rate, Overtime work. Wage periods can be by - Hours, day, Month, etc. Rule 21 - Notification fixing or revising wage rates during pendency of proceedings or operation of award is not applicable to those employees during the pendency.
Subject to conditions following may be exempted by the appropriate Government. Disabled employees, - For special reasons and such period to employees of a class or locality of the employment, - Employers family members living and dependent on him
Consist of- Basic rate of wages and special allowance cost of living allowance. - Basic rate of wage with or without cost of living allowance and cash value of concession. - All inclusive rate cost value of concessions. (Total salary including D.A. should not be less than Minimum Wages)
Appropriate Govt. - Central Govt. for establishment under its control & State govt,. for other scheduled employments. Employer employing people directly or otherwise, includes factory manager, head of Dept. in Government Establishment, CEO of the local authority and excludes employer's family members. Employee Employed for hire or reward - skilled or unskilled, manual or clerical work in scheduled employment. Wages - All remuneration payable in terms of contract of employment, includes HRA excludes - i-v
To pay wages as prescribed without deductions except those authorized. (Sec.12) Pay overtime as per the rate fixed. (S.14) Rule 26 employee 48 hrs. in a week overtime wages is double ordinary wages, employee in public motor transport 1/2 ordinary wages, agriculture work - more than 7 hrs. in a day - 1½ ordinary wages. To maintain registers and records containing details of employees as specified. (S.18) (Rule 27, Form II, III, IIIA) (Rule 30, 31) To exhibit notices containing prescribed particulars in prescribed manner.
Committees and sub committees appointed by the appropriate govt. to consider enquiry and advise or acceptance of proposal of affected persons within 2 months of notification. After considering advise of the committees govt. shall fix or revise the rates.
Appropriate Government to appoint and define local limits of Inspectors. Inspectors - enter at all reasonable times any premises or place where employees are employed to examine records and register and take copies of the same, - examine any employees, require information from the out workers. (Rule 29)
Committees, Sub committees, and Advisory Board shall consist of equal no. of employers and employees and independent persons not exceeding 1/3 of total no. of its members.
24-Court are barred from entertaining suits for recovery of wages so far as sums claimed are subject matter of application u/s 20 or directions in favour of plaintiff etc.
employee giving up his right, for minimum rate of wages, privileges or concession, by contract or agreement is void.
The appointed authority shall hear and decide claims regarding payment of less or non payment Employee can appear or through lawyer, official of regd. trade union. (Rule 32 - Form IV, V) (Rule 33 Form VI) provided that every such application shall be presented within 6 months from the date they are payable. After hearing employer - his liability 10 times compensation of difference in claim arising for payment of less wages. any other case-not exceeding 10/-
When charged with an offence and on his complaint produces the person whom he charges as the actual offender and after offence is proved, the person so charged shall be convicted if employer proves due diligence of complying with the Act and commission of offence by the other person without his consent knowledge or connivance.
Amount deposited with appropriate Government to secure performance of contract with it should not be liable for attachment for any debt liability by employer except to any employee in connection with the contract.
Complaint u/s, 22(a), (b) - within 1 month of grant of sanction U/s. 22-A- within 6 months of the date when inspector is aware of the offence.
Paying less or Non payment or contravention of rule /order u/s. 13 Wilful obstruction of Inspector or Failure to produce document. Any other contravention Imprisonment extending upto 6 months or Fine extending upto 500/- or both. Conviction with Fine extending to ₹500/- Fine extending to 500/-
