Sewa project

TITLE :LABOUR LAWS

MINIMUM WAGES ACT 1948

OBJECT AND SCOPE OF THE ACT:

THE minimum wages act contemplates,
1 The wages that are paid to the workers should meet their physical
needs and at the same time
2 Keep them above starvation level
3 It should ensure sustenance for their family; and
4 Also enable them to subsist by preserving their efficiency as workmen
in day to day life
Concept of Minimum Wages

Minimum wages that are fixed for workmen have some significance:
A] Minimum wages are not fixed on equation principle,namely,money
payable towards wages must be commensurate with labour output
B] Equally, minimum wages are not based on the economic principle,
namely those who are able financially, must be capable of paying
more to the workers.
C] on other hand it is based on ethical principle of pre-judging and
assessing the needs of a workman and his family as a unit and making
provision for his wages .To put it in a nutshell,minimum wages are
considered to be need-based wages,which is according to the
directive principle of our constitution.
PAYMENT OF BONUS ACT 1965

WHAT IS BONUS ?
The bonus is a reward that is paid to an employee for his or her work
dedication towards the organization amongst the employee and staff
members.
What is payment of bonus act ?
The payment of bonus act appilies to every factor and establishment
which employs not less than 20 perons on any day during the
accounting year .The establishments covered under the Act shall
continue to pay the bonus even if the no of employees falls below 20
subsequently.
Bonus is to be paid within 8 months of closing the book of accounts.
APPLICABILITY OF PAYMENT OF
BONUS ACT
 THE PROVISION OF THIS ACT APPLIES TO THE FOLLOWING:
 The factory defined under clause section 2 of the factories act 1948.
 Every establishment in which 20 or more persons employed on any day during an
accounting year.
 The act also applies to public sector in some cases
 Part-time employees are also included
When is the employee eligible for
the bonus ??
 Every employee drawing not less than Rs.21,000 per month and who has worked for not
less than 30 days in an accounting year shall be eligible for the bonus .
 Every employee will be entitled to be paid by his employer in an accounting year ,bonus,in
accordance with the provisions of this act ,provided he has worked in the establishment for
not less than 30 years working days in that year.
 When an employee is not eligible for the statutory bonus but the company wants to share
bonus, it can be given as ex-gratia
EXEMPTED ESTABLISHMENTS

 The payment of bonus act will NOT APPLY to the following section of employees:
 The employees of life insurance company
 Seamen defined under clause of 42 of the merchant shipping act 1958
 Employees who registered or listed under the workers act 1948 and employed by the registered or listed
employers.
 The employees of any industry controlled by central or state government .
 Employees from the Education institutions ,institutions not for profit.
 Employees employed by the contractor on building operations
 RBI that is RESERVE BANK OF INDIA employees
 The employees of unland water transport establishment.
PAYMENT OF WAGES ACT 1936

 What is the purpose of this act ??

 The main objective of the Act is to avoid unnecessary delay in the payment
of wages and to prevent unauthorized deductions from the wages .
 The benefit of the Act prescribes for the regular and timely payment of
wages
 On or before 7th day or 10th day of after the wage period is greater than
100 workers.
SALARY STATICS

 WAGES means contractual wages and not overtime wages .

 Wages must be paid in correct coin or currency notes or in both
and not in kind.
 Its about the permission of the employer to pay the wages by
cheque or by crediting them in the bank account if so authorized in
writing by an employed person
 Wages are averaging less than Rs.6500 per month only are covered
or protected by the Act of amendment in 2005..
Provisions of the Act

 The provisions of the act regarding the imposition of fines on the

employed persons are as follow such as ,the employer must exhibit on
his premises a list of acts or omissions for which fines can be imposed
,Before imposing a fine on an employed person he must not exceed 3
%of the wages,A fine cannot be recovered by instalments or after 90
days from the day of the act of the omission for which it is imposed.The
money realized from the fines must be applied to purposes beneficial to
employed persons.
 Any person desiring to impose a fine on an employed person or to
make a deduction for damage or loss in respect of which the fine on
deduction is proposed to be imposed ,and the amount of fine or
deduction, which it is a proposed to impose ,and shall hear his or her
explanation in the presence of at least one other person, or obtain it in
writing.
Employer’s duty

 Employer is required to display the abstracts of the Act in his factory

or establishment.
 Every employer must display in his factory or establishment a notice
containing the abstracts of the Act and the Rules made there under
in English and also in the language understood by the majority of
the persons.
CONCLUSION

 THE PAYMENT WAGES act is a regulation drawn up to protect the

employee’s rights from being infringed by the employer .
 The employee should be paid on time and should not be harassed
against anything during the employment .
 It has however given a lot of protections to employees and will
continue to do so in future as well….
EQUAL REMUNERATION ACT

 IT extends to whole of India

 Commencement of this act means in relation to an establishment or
employment ,the date on which this act comes into force in respect
of that establishment or employment..
 This the act of providing equal payment of remuneration of equal
rates to men and women workers irrespective of their age
,sex,discrimination ,against women in the matter of employment
and for matters connected therewith or incidental thereto
Payment of remuneration at equal
rates to men and women workers
 Duty of employer to pay equal renumeration to men and women
workers:
 No employer shall pay to any worker ,employed by him in an
establishment or employment ,remuneration,whether payable in
cash or in kind, at rates level favourable than those at which
remuneration is paid by him to the workers of the opposite sex in
such establishment or employment for providing same work or work
in similar nature…
 No employer shall, for the purpose of complying with provisions of
sub-section ..reduce the rate of remuneration of any worker
 Before the commencement of this act the rates of remuneration
payable for men and women workers for the same work or work in
similar nature are different only on the ground of sex.
No discrimination to be made

 From the commencement of this Act no employer shall,while

making recruitment for the same work of similar work,make any
discrimination against women expect where the employment of
cwomen in such work is prohibited or restricted by the under any
law..
 This shall not affect the reservation for SCs and STs employees for
any other class of persons in the matter of recruitment to the posts in
an establishment or employment..
THANK YOU