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Can employees in the Management Cadre of a limited Engineering sector company contest legally if they are being paid basic which is less than the minimum wages prescribed for skilled labour under the Minimum Wages Act for the labour in the Engineering Sector? Please post an immediate reply herein and also on the email id: 
From India, Mumbai
From India, Mumbai
Once when I approached, such a case, the question of the ALO was that paying a sum or amount or money can not be referred to as "wage", may be bonus or other outstanding or loan. Thus, I had to argue that the amount paid was not "wage" and I won. Thus, though the present national and labour and economic and employment conditions, the Labour Department has nothing to do in the Cities or Corporates on MW act or SCE Act, as they need the annual and monthly return for which one paid employee is required to maintain the register and books, who is well versed with the relevant rules. It is an extra burden for any establishment in the present economical crisis and the commercial type HRM. It is my view that this type of Labour Rules is necessary subject to agreement by the employer. Instead, if Labour Department forces any 'pan dookans' for MW and/or SCE, the reaction would be uncivilised. (As I have seen the ALO bargains in an Electric Shop. (sale). Besides, '''the commercial establishment should have the competent income to pay the minimum wage notified by the State. Today, the 6th March 2010, see the situatin of Kerala State, (Raw Rice 25/- per Kg and Raw Dal Rs.80/- per Kg, Sugar is Rs.44/- per Kg, Bus fare Rs.0.60 per Km) increased price of provisions and vegetables and transportation and based on it, the MW should be somewhere between 10,000/- to 12,000/- Has anybody think about the practicability. It is a foul play to impose such Act in such a fluctuating market situation in any place of the world. But, if there is a reliable complaint, a case can be filed by the LO.
From India, Kochi
From India, Kochi
Once when I approached, such a case, the question of the ALO was that paying a sum or amount or money can not be referred to as "wage", may be bonus or other outstanding or loan. Thus, I had to argue that the amount paid was not "wage" and I won. Thus, though the present national and labour and economic and employment conditions, the Labour Department has nothing to do in the Cities or Corporates on MW act or SCE Act, as they need the annual and monthly return for which one paid employee is required to maintain the register and books, who is well versed with the relevant rules. It is an extra burden for any establishment in the present economical crisis and the commercial type HRM. It is my view that this type of Labour Rules is necessary subject to agreement by the employer. Instead, if Labour Department forces any 'pan dookans' for MW and/or SCE, the reaction would be uncivilised. (As I have seen the ALO bargains in an Electric Shop. (sale). Besides, '''the commercial establishment should have the competent income to pay the minimum wage notified by the State. Today, the 6th March 2010, see the situatin of Kerala State, (Raw Rice 25/- per Kg and Raw Dal Rs.80/- per Kg, Sugar is Rs.44/- per Kg, Bus fare Rs.0.60 per Km) increased price of provisions and vegetables and transportation and based on it, the MW should be somewhere between 10,000/- to 12,000/- Has anybody think about the practicability. It is a foul play to impose such Act in such a fluctuating market situation in any place of the world. But, if there is a reliable complaint, a case can be filed by the LO.[/QUOTE]
From India, Kochi
From India, Kochi
There are a lot out dated Acts and Rules, which were formed for a particular period, after independence of the country. Minimum Wages Acts is very much of that (at certain province where employer and employees are trying to defeat each other (instead of winning) which establishes wage for Adolescent and children - where child welfare is banned entirely, still Act insists - what for?
2ndly there are a lot of private and proprietary business concerns and even if their whose income is compounded, the employer would be a debtor, so, when a monthly minimum wage of Rs.4981/- (or so ) is fixed in addition to DA (770/-) per month, the Labour Department has to inevitably harass some employers.
Besides the Labour Departmental Officers are more intersted to teach the 'Rights" of the employees and labourers without any hint to their "obligations" - inspiring and provokating the labourers for their rights by getting the salary from the Ministry and even the sweeper of the Office of the Labour Commissioner is getting hourly salary.
So the loophole now taken by the employers is the hourly Wage - to solve the problems with the department and the employers - means still discouraging the deserving candidates.
IT WOULD ALSO BE HELPFUL WHAT HAPPENED AFTER THE JUDGEMENT OF HANDING OVER THE MATTER TO THE LABOUR DEPARTMENT.
From India, Kochi
2ndly there are a lot of private and proprietary business concerns and even if their whose income is compounded, the employer would be a debtor, so, when a monthly minimum wage of Rs.4981/- (or so ) is fixed in addition to DA (770/-) per month, the Labour Department has to inevitably harass some employers.
Besides the Labour Departmental Officers are more intersted to teach the 'Rights" of the employees and labourers without any hint to their "obligations" - inspiring and provokating the labourers for their rights by getting the salary from the Ministry and even the sweeper of the Office of the Labour Commissioner is getting hourly salary.
So the loophole now taken by the employers is the hourly Wage - to solve the problems with the department and the employers - means still discouraging the deserving candidates.
IT WOULD ALSO BE HELPFUL WHAT HAPPENED AFTER THE JUDGEMENT OF HANDING OVER THE MATTER TO THE LABOUR DEPARTMENT.
From India, Kochi
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Minimum Wage of UP & UK.pdf