I need your kind advise here, as one of the ex-colleague have filed a complaint against the company at the labour court, where as he demand to provide Minimum wages register. However that executive doesn't cover under minimum wages, as he was high paid employee.
What are the supportive documents we could submit at the court which stats/show their salary rate to ensure that they are not covered under Minimum Wages Act.
Kindly help.
Thanks & Regards,
From India, New Delhi
1What are the supportive documents we could submit at the court which stats/show their salary rate to ensure that they are not covered under Minimum Wages Act.
Kindly help.
Thanks & Regards,
From India, New Delhi
Your statement that the employee was not covered by minimum wages act is wrong.
Every person is covered by the act. The act says every one should be paid above minimum wages. So everyone must be paid above minimum wages. When you pay someone above minimum wages (even 100 times of minimum wages), he does not go out of the scope of the law, instead you become compliant with the requirements of the law.
When the court has asked for the register, it would have asked for wage register not minimum wages register. You need to show the wage register and payment proof to the court to show how much he was being paid.
Please note that basic + DA must be above minimum wages. If you give him more than minimum wages in total but basic + DA Is low, then you would still be violating the law, which is what I suspect happened in this case
From India, Mumbai
Every person is covered by the act. The act says every one should be paid above minimum wages. So everyone must be paid above minimum wages. When you pay someone above minimum wages (even 100 times of minimum wages), he does not go out of the scope of the law, instead you become compliant with the requirements of the law.
When the court has asked for the register, it would have asked for wage register not minimum wages register. You need to show the wage register and payment proof to the court to show how much he was being paid.
Please note that basic + DA must be above minimum wages. If you give him more than minimum wages in total but basic + DA Is low, then you would still be violating the law, which is what I suspect happened in this case
From India, Mumbai
The preamble of the Minimum Wages Act says it is to provide for fixing minimum rates of wages in certain employments.So if minimum rates of wages are not fixed in any employment the Act is not applicable to those working in that employment.
Varghese Mathew
04712542059
From India, Thiruvananthapuram
Varghese Mathew
04712542059
From India, Thiruvananthapuram
Is there any employment for which minimum wages are not fixed ?
Also the governments are also putting a generic category to cover all not specified .....
Ofcourse the original post gives no details of either location or industry
From India, Mumbai
Also the governments are also putting a generic category to cover all not specified .....
Ofcourse the original post gives no details of either location or industry
From India, Mumbai
Hi,
Every employee covered under minimum wages act, so go through with your state minimum wages act Scheduled employment.
(1) Where in respect of any scheduled employment a notification under section 5 is in force the employer shall pay to every employee engaged in a scheduled employment under him wages at a rate not less than the minimum rate of wages fixed by such notification for that class of employees in that employment without any deductions except as may be authorized within such time and subject to such conditions as may be prescribed.
(2) Nothing contained in this section shall affect the provisions of the Payment of Wages Act 1936 (4 of 1936)
From India, Mumbai
Every employee covered under minimum wages act, so go through with your state minimum wages act Scheduled employment.
(1) Where in respect of any scheduled employment a notification under section 5 is in force the employer shall pay to every employee engaged in a scheduled employment under him wages at a rate not less than the minimum rate of wages fixed by such notification for that class of employees in that employment without any deductions except as may be authorized within such time and subject to such conditions as may be prescribed.
(2) Nothing contained in this section shall affect the provisions of the Payment of Wages Act 1936 (4 of 1936)
From India, Mumbai
S Banerjee In Kerala minimum wages are not fixed for Aerospace industry,teachers of unaided schools & colleges,advocates clerks,etc Varghese Mathew 04712542059
From India, Thiruvananthapuram
From India, Thiruvananthapuram
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