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Unit 2 Labour
Unit 2 Labour
Q1.: Define Wages. discuss law relating to payment and deduction from wages
under the payment of wages act 1936.
Answer:
Introduction:
o The Payment of Wages Act, 1936 regulates the payment of wages to certain classes of
employed individuals. Before you delve into understanding the various sections of the
Act, there are some important terms that you must know. In this article, we will look
at the definition of wages and all other important terms from the Act.
o The Payment of Wages Act, 1936 (Act) is essentially meant to benefit industrial
employees who do not have very high salaries. It applies to all employees working in a
factory or working through a sub-contractor or directly with the railway
administration or those employed in the industrial sector as the Act specifies.
o In 2017, the Government of India increased the ceiling limit to Rs. 24,000 per month.
This means that employees with wages u to the ceiling limit are covered under the
Act.
Definition (Section 2(VI): "Wages" means all remuneration (whether by way of salary,
allowances, or otherwise) expressed in terms of money or capable of being so expressed
which would, if the terms of employment, express or implied, were fulfilled, be payable to a
person employed in respect of his employment or of work done in such employment, and
includes-
a) any remuneration payable under any award or settlement between the parties or
order of a Court;
b) any remuneration to which the person employed is entitled in respect of overtime
work or holidays or any leave period;
c) any additional remuneration payable under the terms of employment (whether called
a bonus or by any other name);
d) any sum which by reason of the termination of employment of the person employed
is payable under any law, contract or instrument which provides for the payment of
such sum, whether with or without deductions, but does not provide for the time
within which the payment is to be made;
e) any sum to which the person employed is entitled under any scheme framed under
any law for the time being in force,
but does not include-
1. any bonus (whether under a scheme of profit-sharing or otherwise) which does not
form part of the remuneration payable under the terms of employment or which is
not payable under any award or settlement between the parties or order of a Court;
2. the value of any house-accommodation, or of the supply of light, water, medical
attendance or other amenity or of any service excluded from the computation of
wages by a general or special order of] [the appropriate Government];
3. any contribution paid by the employer to any pension or provident fund, and the
interest which may have accrued thereon;
4. any travelling allowance or the value of any travelling concession;
5. any sum paid to the employed person to defray special expenses entailed on him by
the nature of his employment; or
6. any gratuity payable on the termination of employment in cases other than those
specified in sub-clause (d).
••Objectives of Act-
1. Regulate payment of wages to specific class of workers employed in industry without
any wrongful deductions apart from what is mentioned in the Act
2. Define regulations around fixing of wage period, time and mode of payment of wages
3. Regulates the rights of the workers covered under this Act
••Salient Features of the Act:
A. Obligations of Employers: (Section3) Every employer is responsible for the payment of
wages to all the employees that he employs. Additionally, apart from the Employer,
all the person so named / person so responsible to the employer / the person so
nominated shall also be responsible for such payment.
B. Wage Period: (Section4) Every person responsible for Wage Payment shall fix periods
in respect of which such wages shall be payable. No wage-period shall exceed one
month.
1. Time of Payment of Wages: (Section5) Every establishment having employees in
excess of 1,000 person shall pay the wages before the expiry of the 10 th day. All other
employers shall make the Wage payment by the expiry of 7th day. Wages in case of
termination of employment shall be paid before the expiry of the 2nd working day
from the day on which his employment is terminated. All payment of wages shall be
made on a working day.
C. Mode of Payment of Wages: (Section 6) Employers shall make the payment of wages
in current currency notes i.e. cash or via Bank transfer.
D. Deductions from Wages: (Section 7-13) Employers shall ensure that wages are paid to
all employees without deduction of any kind except those authorized by or under this
Act. Deduction which are acceptable according to act are:
Fines
Absence from duty
Damage to or loss of goods including loss of money where such damage or loss
is directly attributable to employee’s neglect or default
Recovery of advances / loans and the interest due in respect thereof
Adjustment of over-payments of wages
Payments made by the employed person to the employer or his agent shall
also be deemed to be a deduction from wages.
Conclusion: The Code endeavours to bind together the meaning of ‘wages’, which is a stage
towards giving better clarity. Nonetheless, the arrangement of independent definitions for
’employee’ and ‘worker’ and their use inside the Code leaves space for confusion. Further,
the Code looks to change the ‘Inspector Raj’ perception in connection to the Government’s
guideline of work by presenting monitors cum-facilitators rather than simply examiners.
Q2. Q Definition:
Answer: Definition of Wages and Other Important Terms
Section 2 of the Payment of Wages Act, 1936 offers the definition of wages and many other
important terms as follows:
Appropriate Government: According to section 2(i) of the Act, Appropriate
Government means: The Central Government in relation to railways, air transport
service, mines, and oilfields The State Government in relation to all other cases
Employed Person: According to section 2(ia) of the Act, an employed person also
includes the legal representative of the deceased employed person
Employer: According to section 2(ib) of the Act, an employer also includes the legal
representative of the deceased employer.
Factory: According to section 2(ic) of the Act, a factory means a factory which the
clause (m) of Section 2 of the Factories Act, 1948 (63 of 1948) defines. Further, it
includes any place to which the provisions of the Act have been applied under sub-
section (1) of Section 85 thereof.
Industrial or Other Establishment: According to section 2(ii) of the Act, an Industrial or
Other Establishment means any:
o A motor transport service or tramway service which carries passengers
or goods or both by road for hire or reward;
o Air transport service other than that belonging to or exclusively
employed in the military, naval, or air forces of the Union or the Civil
Aviation Department of the Government of India.
o Jetty or dock wharf
o A mechanically propelled inland vessel
o Mine, quarry, or oil-field
o Plantation
o Workshop or any other establishment which produces or
manufactures articles or adapts them for their use, transport, or sale.
o An establishment which carries on any work relating to the
construction, development, or maintenance of buildings, roads,
bridges or canals. Also, establishments having operations connected
with navigation, irrigation, or supply of water, or generation,
transmission, and distribution of electricity.
o The Central or State Government might include any other
establishment or class of establishments for the protection of the
employees under the Act.
#Payment of Wages
Rules for Payment of Wages- The four sections which detail the rules for payment of wages
under the Payment of Wages Act, 1936 are:
Responsibility for payment of wages – Section 3
Fixation of wage periods – Section 4
Time of payment of wages – Section 5
Wages to be paid in currency notes or currency coins – Section 6
Section 3 – Responsibility for Payment of Wages
1. Every employer is responsible for the payment of all wages to all
the employees that he employs. In any other case, if the
employer names a person, or if there is a person responsible to
the employer or is nominated, then such a person is responsible
for the payment of wages.
2. Notwithstanding anything contained in sub-section (1), the
employer is responsible to make the payment of all wages which
the Act requires him to make. In fact, if the contractor or the
person that the employer designates to make the payment fails
to do so, then the responsibility lies with the employer.
Case Law: Case Law: In Cominco Binani Vs. Pappachan: The appellant company was obliged
to provide and maintain a canteen for its employees. The company entrusted the running of a
canteen to the contractor. It was held that the responsibility to provide and maintain a
canteen under Section 46 of the Factories Act cannot make the management the ultimate
employer for the worker engaged in the canteen for all purposes. They are not workmen of
the management. Therefore, the liability of the principal employer is restricted only to pay
wages if contractor fails to pay the same by virtue of Contract Labour Act, 1970.
#Appeal Section 17
In the following situation the parties who ever dissatisfied can appeal to the district court
If the application dismissed by above authorities
Employer imposed with compensation exceeding 300/- rupees by the authorities.
If the amount exceeding 25/- rupees withheld by the employer to single unpaid
employee. 50/- in case of many unpaid employees