Discuss the legal provisions relating to fixation of minimum wages .

COMPANY AND COMPENSATION LAW
B.COM 2ND YEAR –MOST IMPORTANT QUESTIONS

Discuss the legal provisions relating to fixation of minimum wages .

Under Section 3 of the Minimum Wages Act, the following provisions are related to the determination of minimum rates of wages:
1. Right of the appropriate government - The appropriate government has the right to determine the minimum wage rates.
2 . Determination of Scheduled Employment Rates - The aggregate government can determine the minimum wage rates for scheduled employments under this Act. That is, employees who are employed in the jobs mentioned in the first and second part of the schedule of this act and later added by any notification can declare minimum rates of wages for them.
3. Setting rates for any part of the state - If the appropriate government considers it appropriate, it may also prescribe the minimum wage rates for the jobs described in the second part of the schedule for any part of the state, instead of setting it for the entire state.
4. Rethinking Minimum Rates - The appropriate government shall reconsider these minimum wage rates whenever it considers appropriate, but the period of reconsideration shall not exceed five years. The appropriate government will amend them as and when required.
5. Pre-applicable rates - If the appropriate government has not reconsidered the minimum wage rates at or before the scheduled time for any reason, there will be no restriction on reconsidering them further. Until the wage rates are revised through reconsideration, the prevailing rates will remain in force.
6. Determination of wages - Rate of employment if 1000 or more employees are employed - If a proper government has not fixed the minimum rates of wages due to the appointment of less than 1000 employees in a scheduled employment in their state, then it should be It should be known from the investigation that if 1000 or more employees are in any scheduled employment in the state then immediately after such information, Minister should be the minimum rates announced.
7. Basis of wage rates - The appropriate government can determine the minimum wage rates on the following grounds:
( i )Minimum time rate
( ii ) Minimum piece rate
( iii ) Guaranteed time rate
( iv ) Overtime Rate
Channel Subscribe For More Notes & Video Updates
8. Different rates for different jobs and working class - following appropriate government. May determine or modify the minimum wage rates for
- For various scheduled jobs
- for different categories of work of the same scheduled employment
- For adults, adolescents, children and apprentices workers
- For different locations.
9. Minimum Wage Rates for Various Periods - The minimum wage rates can be determined or revised according to one or more of the following periods:
- by the hour
- by day
- month wise
- As per any other prescribed period.
If the wages are determined on the basis of day or month, then the method of calculating monthly or daily wages should also be clarified.
10. According to the Wage Payment Act, the wage rates when there is a wage period - If the wage period is determined according to Section 3 of the Payment of Wages Act, 1948, then the minimum wages will also be determined according to the provisions of that Act.

Post a Comment

0 Comments