Minimum wages act 1948 international labour organization. The act provides for fixing minimum rates of wages and applies to every person who is employed or hire or reward to do any work skilled or unskilled, manual or. Application of payment of wages act, 1936 to scheduled employments. Apart from the minimum wages act, 1948, the other relevant acts that have a bearing in influencing the wage level well as the structure of as. The authority may direct the payment by which the minimum wages payable exceeds the amount actually paid together with the payment of compensation not exceeding 10 times the amount of such excess. The act contemplates that minimum wages rates must ensure for him not only his subsistence and that of. Note on minimum wages the minimum wages act, 1948 is a. Master form in respect of the factories act, 1948 payment of wages act, 1936, minimum wages act, 1948 maternity benefit act, 1961, workmens compensation act, 1923 and industrial employment standing orders act, 1946 as applicable to registered factories covered under the factories act, 1948. An underdeveloped country like india faces the problem of unemployment in a very large scale. Sro776 dated 14101950 in exercise of the powers conferred by section 30 the minimum wages act, 1948 xi of 1948, the central government is pleased to make the following rules, the same having been previously published as required by the said section, namely, chapter i preliminary 1. Minimum wages act 1948 the minimum wages act, 1948 in india is a welfare act applicable to the workers in the unorganised sector who lack the collective bargaining and are likely to be exploited. For fixing minimum rates of wages in certain employments. Object, constitutional validity and salient features of. The minimum wages act 1948 is an act of parliament concerning indian labour law that sets the minimum wages that must be paid to skilled and unskilled labours the indian constitution has defined a living wage that is the level of income for a worker which will ensure a basic standard of living including good health, dignity, comfort, education and provide for any contingency.
May fix minimum rate of wages for time workfor piece work or a. Payment of wages below the minimum wage rate amounts to. Whom the act affects a the act applies to persons engaged on scheduled employments on specified class of work in respect of which minimum wages have been fixed. The minimum wages act, 1948 1 11 of 1948 15th march, 1948 an act to provide for fixing minimum rates of wages in certain employments. The minimum wages act 1948, was to secure the welfare of organised workers in certain industries by fixing the minimum rates of wages. Aug 01, 2019 minimum wages act, 1948 is a welfare legislation. Abstract of the minimum wages act, and the rules made there under i. Provided that where any wageperiods section 4 of the payment of wages act, 1936 4 of 1936, minimum wages shall be fixed in accordance therewith. The purpose of the act is to provide that no employer shall pay to workers in certain categories of employments wages at a rate less than the minimum wage prescribed by notification under the act. Payment of wages act 1936 in hindi part 1 for cs, cma, llb.
Object and scope of the act the main aim of the enactment is to make provisions for statutory fixation of minimum rates of wages in scheduled employment wherein labour is not organised and sweated labour is most prevalent. Minimum wages act, 1948 in which 65 employments industry related are covered under. Sro776 dated 14101950 in exercise of the powers conferred by section 30 the minimum wages act, 1948 xi of 1948, the central government is pleased to make the following rules, the same having been previously published as required by the said section, namely. The indian constitution has defined a living wage that is the level of income for a worker which will ensure a basic standard of living including good health, dignity, comfort, education and provide for any contingency. Implementation of the minimum wages act, 1948 case study of. Wages means all remuneration capable of being expressed in terms of money, which would, if the terms of contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such. Provided that where any wageperiods have been fixed under section 4 of the payment of wages act, 1936 4 of 1936, minimum wages shall be fixed in. Minimum wages act 1948 objectives, components, case laws. The authority may direct payment of compensation in cases where the excess is paid before the disposal of the application. Annual return master form in respect of the factories act. Thus in a bid to bring unilateral convergence in the regulatory regime of the labour market, the wage code bill was introduced in 2017.
In this act unless there is anything repugnant in the subject or context i employed person includes the legal representative of a deceased employed person. India introduced the minimum wages act in 1948, giving both the central government and state government jurisdiction in fixing wages. It is an act to provide for fixing minimum rates of wages in certain employments. Whereas it is expedient to provide for fixing minimum rates of wages in certain employments. The constitutional validity of the minimum wages act, 1948. The appropriate government shall fix the minimum rates pf wages payable to employees employed in a scheduled employment. However, the payment of minimum wages can be made wholly or partly in kind, by notifying in the official gazette, where it is customary to pay wages either wholly or partly in kind. Minimum wages act 1948 section 12 payment of minimum rates. In the act, the jurisdictions of central and state governments have been clearly demarcated. It has not been possible to fix rates of wages before that date in respect of certain employments, particularly employments in agriculture. Minimum wages payable under this act are to be paid in cash. The employer shall pay to every employee in a scheduled employment under him wages at the rate not less than the minimum rates of wages fixed under the act.
Keeping this in view, the government of india enacted the minimum wages act, 1948. The words except the state of jammu and kashmir omitted by act 51 of 1970, s. Minimum wages act 1948, is the national minimum wage act for india. The minimum wages act 1948, was to secure the welfare of unorganised workers in certain industries by fixing the minimum rates of wages.
The bill provides that the central government will fix minimum wages for certain sectors, including railways and mines, while the states would be free to set minimum wages for other category. The minimum wages act, 1948, indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. Minimum wages act, 1948 section content 1 short title, extent and application 2 interpretation 3 fixing of minimum rates of wages 4 minimum rate of wages 5 procedure for fixing and revising minimum wages 6 7 advisory board 8 central advisory board 9 composition of committees, etc. Minimum wages act, 1948 11 of 1948 an act to provide for fixing minimum rates of wages in certain employments. The main object of the act is to prevent exploitation of workers and to determine minimum wages.
The minimum wage act 1948 free download as powerpoint presentation. The act contemplates that minimum wages rates must ensure for him not only his subsistence and that of his family but also preserve his efficiency as a workman. It extends to the whole of india and applies to scheduled employments in respect of which minimum rates of wages have been fixed under this act. The minimum wages act of 1948 was introduced to give both the central and state governments of india a level of jurisdiction in the fixing and payment of wages.
Jun 23, 2015 minimum wages act 1848, fully explained. The minimum wages at, 1948 seeks to protect the interest of the workers in the sweated industries. Implementation of the minimum wages act, 1948 case. Nov 24, 2017 the constitutional validity of the minimum wages act, 1948. The following paragraphs describe the main features of the law and practice of fixing minimum wages in india. The minimum wages act 1948 is an act of parliament concerning indian labour law that sets the minimum wages that must be paid to skilled and unskilled. An act to provide for fixing minimum rates of wages in certain employments. Form i see rule 22 abstracts of the minimum wages act. Sep 24, 2016 the minimum wages act was passed in 1948 and it came into force on 15th march, 1948. The passing of the minimum wage act, 1948 is a landmark in the history of labour legislation in the country which, recognizes that the wages cannot be left to be determined entirely by market forces. Download colourful, nice pdf for minimum wages act 2 it extends to the whole of india. To ensure that the employee can have the basic physical needs, good health and a level of comfort. Aug 18, 2015 in case of not paying minimum wage a claim can be made under section 20 before the labour authority who can make of order of payment of 10 times of difference amount.
Form i see rule 22 abstracts of the minimum wages act 1948, and the rules made thereunder 1. Payment of wages below the minimum wage rate amounts to forced labour. Wage fixing authorities have been guided by the norms prescribed by the fair wage committee in the settlement of issues relating to wage fixation in organised industries. Introduction to minimum wages act 1948 video1 for cs. An act to regulate the payment of wages of certain classes of 1employed persons whereas it is expedient to regulate the paym ent of wag es to certain classes of 1em ployed persons. Cabinet approves code on wages bill the economic times.
The constitutional validity of the minimum wages act,1948. The authority may direct payment of compensation in cases where the. In this act, unless there is anything repugnant in the subject. Any payment by the employee be the statutory minimum wage rate is forced labor. Single application in respect of a number of employees. The object of the act is to prevent exploitation of labour. To ensure a secure and adequate living wage for all laborers in the interest of the public. Minimum wages act 1948 section 12 payment of minimum rates of. The mode of payment of wages a the wage period shall be fixed for the payment of wages at intervals not exceeding one month. Not paying minimum wages is an offence punishable up to six months imprisonment or with fine up to rs. The proposed bill seeks to merge 4 acts, namely payment of wages act of 1936, the minimum wages act of 1949, the payment of bonus act of 1965, and the equal remuneration act of 1976. Xi of 1948 15 march 1948 an act to provide for fixing minimum rates of wages in certain employments whereas it is expedient to provide for fixing minimum rates of wages in certain employments. The minimum wages act was passed in 1948 and it came into force on 15th march, 1948. Ilgl 07a payment of bonus act 1965 youtube duration.
The whole philosophy under lying the enactment of minimum wage act is to prevent exploitation of labour through the payment of unduly low wages. It was enacted in the year 1948 and hence called minimum wages act 1948. The minimum wages act 1948 is a legislative labor law that stipulates wages for both skilled and unskilled laborers in india. Advisory committees and subcommittees repealed by the minimum wages amendment act 1957 7. The minimum wages act 1948 is an act of parliament concerning indian labour law that sets. Section 31a of the minimum wages act, 1948, required minimum wages to be fixed before the 31st december, 1954. The minimum rates of wages may be fixed as a minimum time rate or a minimum piece rate or as a guaranteed time rate section3. The minimum wages act 1948 is an act of parliament concerning indian labour law that sets the minimum wages that must be paid to skilled and unskilled labours. The minimum wages act, 1948 indian judiciary notes. The code on wages will replace the payment of wages act, 1936, minimum wages act, 1948, payment of bonus act, 1965, and the equal remuneration act, 1976. The national commission on labour has described the passing of the act as landmark in the history of labour legislation in the country. Jul 03, 2019 the code on wages will replace the payment of wages act, 1936, minimum wages act, 1948, payment of bonus act, 1965, and the equal remuneration act, 1976. The minimum wages central rules, 1950 vide notification no. Minimum wages act, 1948 bare acts law library advocatekhoj.