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Palak Irll
Palak Irll
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The Minimum Wages Act 1948
The Minimum Wages Act 1948 is an Act of Parliament
concerning Indian labor law that sets
the minimum wages that must be paid to skilled and
unskilled labors.
This Act, the Minimum Wages Act, 1948 extends to the
whole of India
This Act may be called the Minimum Wages Act, 1948
Objectives of the Act
To provide minimum wages to the workers working in
organized sector
To stop exploitation of the workers
To empower the government to take steps for fixing
minimum wages and to revising it in a timely manner
To bring the social justice.
To enable the working class to have a minimum
standard of life.
Historical Backdrop
The initiative by Shri K.G.R.Choudhary in 1920: set up
boards for determination of wages
The International Labor Conference adopted
convention 26 and 30 in 1928 relating to wage fixing
machinery in trades or parts of trades
A Minimum Wages Bill was introduced in the Central
Legislative Assembly on 11.4.46 and came into force
with effect from 15.3.48
The Committee on Fair Wage was set up in 1948 to
provide guidelines for wage structure
Broad Features of the Act
[Sec 3]:The Act lays down the principles for fixation of
A minimum time rate of wages
A minimum piece rate
A guaranteed time rate
An overtime rate for different occupations, localities or
classes of work and for adults, adolescents, children and
apprentices
Who all are eligible?
Permanent employees
Contract employees
Casual workers
People on probation get fixed pay instead of
minimum wages.
Trainees get stipend and not minimum wages
Wages [Sec. 2(h)]
Minimum wages: all remuneration capable of being
paid in money terms for work done if terms of contract
were fulfilled
consist of Basic + Dearness Allowance + House Rent
Allowance
Every 5 years, basic rates of every industry are decided
by Minimum Wages Committee
Dearness Allowance changes every six months and is
decided by Government
Different Minimum Wages May Be
Fixed By The Government For
Different employments (specified in the schedule) eg
permanent employee, casual employee, contract based
etc.
Different classes (e.g. skilled, unskilled, semis skilled,
etc.) of work in the same employments
Adults, adolescents, children and apprentices
Minimum rates of wages may be fixed by any one or
more of the following wage periods, namely:
By the hour
By the day
By the month
Different Minimum Wages May Be Fixed By
The Government May consist of [Sec. 4]
1. Basic + Special Allowance (Which varies with the
cost of living index)
2. Basic + Cash value of concessional supply of
materials like food, clothes, etc
3. An all inclusive rate which includes Basic + Cost
of living Allowance + Cash value of concessional
supply of materials
Fixing Minimum Rates of Wages [Sec. 5]
The committees/sub-committees and advisory boards
constituted by the Government consist of equal number
of members of :
Employers
Employees, and
Independent persons
Payment of minimum rate of wages [Sec. 12]
The Minimum Wages has to be paid without any
deductions .
Payment of wages less than minimum wages on the
ground of less performance or output is illegal
Normal working hours[Sec. 13]For an Adult Worker
working in Factories:
Number of Working Hours should not exceed 48
Hours in a week with a weekly Holiday
The Daily Hours should not exceed more than 9
Hours with 1 Hour Rest Interval
Provision of Compensatory Holiday/ Overtime Wages
if working on holiday
Claims [Sec. 20]
A Labour Commissioner or any other appointed
authority is authorized to hear claims regarding non-
payment of minimum wages
Any aggrieved person may apply to the authority for
settling his claims within 6 months
Penalties [Sec. 22]
Offence Punishment Payment of less than
Imprisonment which may Minimum Wages to extend
up to 6 Months or employee Fine which may extend up
to Rs 500/- or Both
Thankyou