Res Seniors,
Pl. guide me, that if any company allows their workers to work 5 days in a week and pay them the wages on daily wages for the days worked, is it ok with the law or the company has to pay the lay off for the rest days which has not been worked by the worker as per company instructions.
Thanks & Regards,
Hem Dev Thapar
Asst Manager
From India, Pune
Pl. guide me, that if any company allows their workers to work 5 days in a week and pay them the wages on daily wages for the days worked, is it ok with the law or the company has to pay the lay off for the rest days which has not been worked by the worker as per company instructions.
Thanks & Regards,
Hem Dev Thapar
Asst Manager
From India, Pune
Dear Hem Dev
An establishment is liable to grant it's workers a day of rest with wages for six days of work under the relevant labour law. If the establishment on it's own volition,keeps it open only for 5 days and declares two days off in a week, it cannot deprive the workers of their right to wages since the workers may contend that they offer themselves for work on the sixth day and if wages are denied on no work-no pay basis for the said two days in a week for no fault of the workers, it may result in illegal lay-off under the Industrial Disputes Act.
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
Mob:09930532927
From India, Mumbai
54An establishment is liable to grant it's workers a day of rest with wages for six days of work under the relevant labour law. If the establishment on it's own volition,keeps it open only for 5 days and declares two days off in a week, it cannot deprive the workers of their right to wages since the workers may contend that they offer themselves for work on the sixth day and if wages are denied on no work-no pay basis for the said two days in a week for no fault of the workers, it may result in illegal lay-off under the Industrial Disputes Act.
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
Mob:09930532927
From India, Mumbai
DEAR ALL SENIORS
PLEASE EXPLAIN THAT MR.HEM DEV WRITE WORD daily wages IN HI QUERY SO I THINK UR ANSWER IS NOT CORRECT FOR DAILY WAGES BECAUSE IF WE APPOINT A WORKER ON DAILY WAGES THEN WE HAVE NOT NEED TO GIVE HIM A PAID WEEKLY OFF ACCORDING TO LAW.
PLEASE EXPLAIN
PARDEEP SHARMA
PO AT NP GROUP
9878056108
From India, Mumbai
PLEASE EXPLAIN THAT MR.HEM DEV WRITE WORD daily wages IN HI QUERY SO I THINK UR ANSWER IS NOT CORRECT FOR DAILY WAGES BECAUSE IF WE APPOINT A WORKER ON DAILY WAGES THEN WE HAVE NOT NEED TO GIVE HIM A PAID WEEKLY OFF ACCORDING TO LAW.
PLEASE EXPLAIN
PARDEEP SHARMA
PO AT NP GROUP
9878056108
From India, Mumbai
Dear friends,
I think there is catch in the query. If'm correct the queriest might mean that his firm employs certain shifts of men, daily on consolidated basis, say 100 manshifts. In which case it need not necessarily same persons repeatedly depolyed on regular basis on regular shifts on all the five days. May be few (say Mr.x or Mr.Y gets employed only 3 shifts in a week and for the bal.2 days some Mr.c or Mr.d gets employed. In which case how the weekly off should be given and to whom are all.
Am I correct Mr.Hem Dev ?
kumar.s.
From India, Bangalore
I think there is catch in the query. If'm correct the queriest might mean that his firm employs certain shifts of men, daily on consolidated basis, say 100 manshifts. In which case it need not necessarily same persons repeatedly depolyed on regular basis on regular shifts on all the five days. May be few (say Mr.x or Mr.Y gets employed only 3 shifts in a week and for the bal.2 days some Mr.c or Mr.d gets employed. In which case how the weekly off should be given and to whom are all.
Am I correct Mr.Hem Dev ?
kumar.s.
From India, Bangalore
Dear Sir,
The Employers have to pay minimum wages to the worker/employees as per the concerned
State Govt. order.
The payment of Minimum wages payable will be for the working days only. If they work for 5 days
in a week, they are entitled for 5 days wages, not 7 days wages. The Monthly Minimum wage/26 days X No.of days worked as per act and general rule.
In case of any understanding between Management and workmen that the Minimum wages per month as notified, will be paid for 30/31 working days including the 2 days of weekly offs, then it will be divided as Monthly wages/30 or 31 x No. of days (worked days + weekly off days) to be taken into consideration for preparation of wages bill.
D.Gurumurthy
LL.HR.IR Consultant
From India, Hyderabad
The Employers have to pay minimum wages to the worker/employees as per the concerned
State Govt. order.
The payment of Minimum wages payable will be for the working days only. If they work for 5 days
in a week, they are entitled for 5 days wages, not 7 days wages. The Monthly Minimum wage/26 days X No.of days worked as per act and general rule.
In case of any understanding between Management and workmen that the Minimum wages per month as notified, will be paid for 30/31 working days including the 2 days of weekly offs, then it will be divided as Monthly wages/30 or 31 x No. of days (worked days + weekly off days) to be taken into consideration for preparation of wages bill.
D.Gurumurthy
LL.HR.IR Consultant
From India, Hyderabad
Dear Friend
Hope you got understand for the querry raised by you from the answer given by Mr. Gurumurthy.
Here you have to give the Monthly Minimum wages fixed by the appropriate Government for those worked in five days in all the weeks because here you have only declared the 2 days holiday for your organisation. In case if the workmen are absent for any day during the month then obviously the monthly wages will be reduced proportionately.
From India, Kumbakonam
Hope you got understand for the querry raised by you from the answer given by Mr. Gurumurthy.
Here you have to give the Monthly Minimum wages fixed by the appropriate Government for those worked in five days in all the weeks because here you have only declared the 2 days holiday for your organisation. In case if the workmen are absent for any day during the month then obviously the monthly wages will be reduced proportionately.
From India, Kumbakonam
Dear Hemant, et al, I find from the Minimum Wages Act 1948 that the Appropriate Government can fix wages by the hour, the day , the month or such other larger period as may be prescribed.{Section 3 (3)(b)} Hence the time period specified in the Minimum Wages Notification of The Maharashtra Government has to be looked into. As I understand, the notification specifies both the daily and monthly wages. The legal position is very clear that no seperate wages are payable for the weekly off day since daily wages are computed by dividing monthly wages with 26 days. So each day's wages is indeed 1+1/6 day's wages. About the additional holiday given by your undertaking, since wages are payable for the work done, on the 6th day no work is done so no wages are payable. As you are working only 5 days in a week, the daily wages multiplied by the no. of working days in the month is legal and proper. Regards KK
From India, Bhopal
From India, Bhopal
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