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PROJECT:
The Payment of Wages Act, 1936 was passed to regulate the payment of
wages to certain classes of persons employed in industry. It ensures
payment of wages in a particular form and at regular intervals without
unauthorized deductions. The Act extends to the whole of India [Sec.
1(2)]. It was extended to Jammu and Kashmir by the Central Labour
Laws (Extension to Jammu and Kashmir) Act, 1970.The payment of
wages to persons employed in any factory, to persons employed
(otherwise than in a factory) upon any railway by a railway
administration and to an industrial or other establishment. In various
States the Act has been extended to shops and establishments also. The
Act does not apply to persons whose wages exceed Rs. 1,600 per month.
This limit was raised from Rs, 1,000 to Rs, 1.600 by the payment of
Wages (Amendment) Act, 1982. It is provided that, in relation to the
central government owned establishment, any notification will be issued
only after the concurrence of central government.
DEFINITION OF WAGES
‘Wages’ means all remuneration (whether by way of salary, allowances
or otherwise) expressed in terms of money or capable of being so
expressed which would, if the terms of employment, express or implied,
were fulfilled, be payable to a person employed in respect of his
employment or of work done in such employment. Simply stated
‘wages’ means all remuneration due to any worker or employee if the
terms of contract of employment are fulfilled. The definition of ‘wages’
includes the following:
(a) Any remuneration payable under any award or settlement between
the parties or order of acourt; (b) Any remuneration to which the person
employed is entitled in respect of overtime work or holidays or any
leave period: (c) Any additional remuneration payable under the terms
of employment (whether called a bonus or by any other name); (d) Any
sum which by reason of the termination of employment of the person
employed is payable under any law, contract or instrument which
provides for the payment of such sum, whether with or without
deductions, but does not provide for the time within which the payment
is to be made; (e) Any sum to which the person employed is entitled
under any scheme framed under any law for the time being in force.
The expression ‘wages’ does not include:
APPLICABILITY
The Act is applicable to persons employed in any factory, railway, and
to such other establishments to which the appropriate Government may,
by notification, extend the provisions of the Act after giving three
months’ notice to that effect. In the case of industrial establishments
owned by the Central Government the notification can be issued with the
concurrence of the Central Government.
Exemption :-
(b) The notice specifying the acts and omissions for which fines may be
imposed shall be exhibited in the prescribed manner on the premises
(and in case of persons employed upon a railway, at the prescribed place
or places) in which the employment is carried on.
(d) The total amount of fine which may be imposed in one wage period
on any employed person shall not exceed 3 per cent of the wages
payable to him in respect of that wage-period. Such a fine shall not be
recovered from the employed person by installments or after the expiry
of 60 days from the day on which it was imposed [ Sec. 8(6) ]
7) Other Deductions:-
The following deductions shall also be permitted under the Act: (a)
deductions of income-tax payable by the employed person. (b)
deductions required to be made by order of a Court or other authority
competent to make such order [Sec. 7 (2) (h)] (c) deductions for
contributions to any insurance scheme framed by the Central
Government for the benefit of its employees.
MAINTENANCE OF REGISTERS
AND RECORDS (SECTION-13 A)
Every employer shall maintain such registers and records giving
such particulars of persons employed by him, the work performed
by them, the wages paid to them, the deductions made from their
wages, the receipts given by them and such other particulars and in
such forms as may be prescribed.
Every register and record required to be maintained under this
section shall, for the purpose of this act, be preserved for a period
of three years after the last entry made therein.
BIBLIOGRAPHY