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-WORKERS IN
GARMENT INDUSTRY
WORKERS IN BUTTON-
INDUSTRY
RAILWAY
WORKERS
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Who is an employee?
• EMPLOYEE is anyone
(1) Employed for Hire or Reward
(2) To do skilled or unskilled work
(3) Manual or Clerical
(4) Job Worker
(5) Any person declared by the appropriate
Government as Employee but, does not
include
any member of armed forces
WORKERS IN
GARMENT
INDUSTRY 5
What is wages?
section 2(h)
• Wages means all remuneration capable of being
expressed in terms of money. It includes house
rent allowance but does not include
value of house accommodation, supply of light,
water, medical attendance
Value of any other amenity provided, if excluded
by Government order
Contribution to pension fund or provident fund or
insurance
Traveling allowance
special expenses incurred by
the nature of employment
Gratuity payable on discharge.
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Minimum wage fixation (section 3)
1. The appropriate government shall fix and revise
the minimum wages payable to employees
employed in an employment specified in part
I & II of the Schedule.
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3. Different minimum wage rates can be fixed for
• different scheduled employments
• different class of work in the same scheduled
employment
• adults, adolescents, children
and apprentices
• Different localities.
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AUTHORITIES:
Advisory board…
Government is required to constitute Advisory
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Can you pay wages in kind?
• Sec. 11 of Min. Wages Act says that you can
only make the payment in cash.
• If it is a custom to make payment wholly or
partly in kind, the appropriate govt. may
permit it.
• It may by notification in
the Official gazette, authorize
the provision of essential
commodities at
concessional rates.
•
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Are working hours fixed?
• Sec. 13: the govt. may fix the hours of work. It
may provide for rest day and interval also.
• Will there be overtime?
• •Sec. 14: if minimum wages is fixed by hours,
then the workers will be paid overtime if he
works more than the hours prescribed. The
overtime rate will be as fixed in this law or
other law as applicable.
WORKERS IN
BUTTON
INDUSTRY
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If you pay more than minimum
wages – fair ….
• Even if State Government notification prescribes variable
dearness allowance which is linked with cost of living
index, amount paid on basis of DA is not to be taken as
an independent component of minimum wages, but as
part and parcel of process of computing minimum
wages. Hence, in cases where employer is paying total
sum which is higher than minimum rates of wages fixed
under the Act including the cost of living index (VDA), he
is not required to pay VDA separately.
Harilal Jechand Doshi v. Maharashtra General Kamgar Union
2000
•
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Some interesting facts
• There are 45 scheduled employments in Central sphere
and 1222 employments in State sphere.
• It includes workers employed in unskilled, semi-skilled
and skilled sectors like shawl & carpet weaving,
different mines, construction or maintenance of roads,
agriculture or in conjunction with farm operations,
industries and factories etc. as specified in Schedule I
of the Act.
• Due to widespread disparity in the minimum wages
throughout the country The National Floor Level
Minimum Wage is fixed at Rs 80 per day
by the govt.
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Minimum wages in Delhi (per day)
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NEPAL- 4,600 Nepalese rupeesa month for unskilled
labor (3,050 rupees as a basic salary, and 1,550 rupees
as an allowance); 4,650 NRS for semi-skilled labor; 4,760
NRS for skilled labor; 4,950 NRS for highly skilled labor
PAKISTAN- 6,000 Pakistani rupees per month, applying
THANK YOU!!!
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