The Payment Of Wages Act, 1936 614025

THE PAYMENT OF WAGES ACT, 1936

THE PAYMENT OF WAGES ACT, 1936

Preamble:- An act to regulate the Payment of wages to certain classes of employed persons.

Objective of the Act : To avoid withholding wages, delays in paying wages & making unauthorized deductions out of wages.

APPLICABILITY OF THE ACT • This Act is applicable to persons whose wages does not exceed Rs. 6500 per month (2005) or such other higher sum which, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organisation, the Central Government may, after every five years, by notification in the Official Gazette. • It extends to the whole of India.

IMPORTANT DEFINTIONS • Section 2 (Vi)- Wages- · “Wages" means all remuneration (whether by way of salary allowances or otherwise) expressed in of money or capable of being so expressed which would if the 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 .

Definition of Wages: • Wages 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 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,

Definition of Wages: • Wages 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 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 State Government (3) any contribution paid by the employer to any pension or Provident Fund and the interest that may have accrued thereon (4) any traveling allowance or the value of any traveling 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).

IMPORTANT DEFINITIONS: • FACTORY: factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948) and includes any place to which the provisions of that Act have been applied. • workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale;

IMPORTANT DEFINITIONS “Employee” means any person employed by or through any agency

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( including a contractor) with or without the knowledge of the principal employer, for remuneration in any factory or establishment to do any work connected with its affairs, whose average wages do not exceed 6500 rupees per month or such amount as may be specified by the Central government from time to time, on the basis of rise in the consumer price index number, by notification in the Official Gazette; ”employed person" includes the legal representative of a deceased employed person

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“Employer” meansin relation to an establishment which is a factory under the Factories Act, 1948 the person who has been named as a manager under Section 7 of that Act; and in relation to any other establishment, the person who has ultimate control over the affairs of the establishment and where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent; “employer" includes the legal representative of a deceased employer;

IMPORTANT FEATURES OF THE ACT • Fixation of Wage period: Sec. 4 - The ‘employer’ may fix the wage period for employees as either daily, or weekly or fortnightly or monthly. Provided that no wage period in respect of any employee shall be more than a month. • Medium of payment of wages (Sec 6) – current coin or currency notes (but not kinds) or both, after obtaining written authorization of the employed person, payment can be made either by Cheque or by crediting the wages in bank .

IMPORTANT FEATURES OF THE ACT • Time of payment of wages – <1000 persons – before the expiry of the 7th day of the following wage period – >1000 persons - before the expiry of the 10th day of the following wage period – Termination of employment – before 2nd working day from the terminated day – Wages to be paid on a working day

DEDUCTIONS FROM WAGES:• Sec- 7: The wages of an employed person shall be paid to him without deductions of any kind except those authorised by or under this Act.

The list of authorised deductions: – – – – – – – – – –

Fines (shall not exceed 3% of wages payable to him in that wage period) Damage or loss to the property of employer Absence of duty Services like house accommodation, amenities etc Recovery of advances Contribution to PF or welfare funds. Recovery of loans Subscription to recognized union Payments to co-operative societies & insurance schemes Other deductions such as income tax, LIC , PM’s Relief fund etc

DEDUCTIONS FROM WAGES:Sec-8-Fines: •

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Before making recovery of fine from the wages of an employee, he must be given an opportunity by way of ‘ Show-Cause notice, to explain his say on the reasons for which fine is being proposed. Fine shall not exceed 3% of the gross wages; Fine shall not be recovered by installments, or later then sixty days of the date of imposition: Shall be recorded in a . Shall not be imposed on a child (less than 15 years).

DEDUCTION FOR ABSENCE FROM DUTY: •

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(1) Deductions may be made only on of the absence of an employed person from the place or places where, by the of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work. (2) The amount of such deduction shall in no case bear to the wages payable to the employed person in respect of the wage-period for which the deduction is made in a larger proportion than the period for which he was absent bears to the total period, within such wage-period, during which by the of his employment, he was required to work: PROVIDED that, if ten or more employed persons acting in concert absent themselves without due notice (that is to say without giving the notice which is required under the of their contracts of employment) and without reasonable cause, such deduction from any such person may include such amount not exceeding his wages for eight days as may by any such be due to the employer in lieu of due notice. Explanation : For the purposes of this section, an employed person shall be deemed to be absent from the place where he is required to work if, although present in such place, he refuses, in pursuance of a stay-in strike or for any other cause which is not reasonable in the circumstances, to carry out his work.

IMPORTANT FEATURES OF THE ACT LIMIT OF DEDUCTIONS: • The total deductions shall not exceed 75% of gross wages, in cases where such deductions are wholly or partly made for payments to co-operative societies/ Bank. • In other cases, 50% of gross wages.

IMPORTANT FEATURES OF THE ACT MAINTENANCE OF S AND RECORDS (Sec 13): • Every employer is required to maintain following s and records under this Act-

of particulars of persons employed by him. - of Fine. - of wages (Showing wage rate, days payable, OT other payments made and also details of deductions made from wages). - of deductions. - of advances and loans given to employees. -Such other particulars and in such form as may be prescribed. •

Every and records required to be maintained under this Act, be preserved for a period of 3 years after the date of the last entry made therein.

IMPORTANT FEATURES OF THE ACT • The employer is required to give ‘Pay-slip’ to every employee, showing the details of earnings and deductions made. • The amount of wages remained unpaid (Not disbursed/paid for any reason) for last more than 3 years, has to be deposited with the ‘ Welfare Commissioner’ of the state. • Single application in respect of claims from unpaid group.

DISPLAY BY NOTICE OF ABSTRACTS OF THE ACT (SEC 25) • The person responsible for the payment of wages to persons ; [employed in a factory or an industrial or other establishment] shall cause to be [displayed in such factory or industrial or other establishment] a notice containing such abstracts of this Act and of the rules made thereunder in English and in the language of the majority of the persons employed [in the factory, or industrial or other establishment], as may be prescribed.

PENALTY FOR OFFENCES UNDER THE ACT Whosoever contravenes the provisions of the Act• • • • •

Unauthorized deductions- Rs. 200-1000 Sec 4,5,6,10 or Sec 25- Rs upto 500 Not maintaining the s and records properly – Rs 200- 1000. Not co-operating to Inspectors- Rs. 200-1000 Again guilty of an offence involving same provisions- Imprisonment one month – six months and with fine Rs 500- 3000.

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If any person fails or wilfully neglects to pay the wages of any employed person by the date fixed by the authority in this behalf, he shall, without prejudice to any other action that may be taken against him, be punishable with an additional fine which may extend to one hundred rupees for each day for which such failure or neglect continues.

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