Getting proper salary or minimum wages is a guaranteed right for every employee in India, However some Employer not complying this guideline laid down by Government of India. Here is the procedure to deal with this circumstances.
- Women must get wages because every person who works must be paid for his or her work.
- A person must be paid at least a minimum wages which is fixed by the government under the Minimum Wages Act, 1948.
- Every woman must be paid the same wage as a man for the same kind of work i.e., equal to the man and not less.
- Women workers must be given to the person who work on temporary basis, piece rate basis, daily wages, who works for a contractor or who works in agriculture.
- Even if a person agrees to work on less wages then prescribed by the government, the employer is bound to pay the minimum wages.
- Minimum wages must be fixed on:
- Daily basis,
- Hourly basis and
- Monthly basis.
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What are the procedure to get Remedy Under The Minimum Wages Act, 1948?
Here is the remedy if your not getting proper salary or minimum wages from your employment.
- If the employer is not paying the Minimum Wages then the labour can complaint to the labour inspector.
- The employer cannot make the labour work for more than 9 hours which includes the time for rest also.
- If the labour works for more than 9 hours he/she will get the extra money which is doubled the wages.
- Every day there should be one day paid rest.
- Claims for payment of minimum rates of wages or remuneration for days of rest or wages at overtime rate or as per the rules and orders made by the appropriate government under this Act.
- The Presiding Officers of the Labour court and Deputy Labour Commissioners hear and decide claims arising out of payment of less than the minimum rates of wages. The employee or any legal practitioner or any official of a regd. Trade Union or any Inspector or Any other authorized person may file a claim petition under this act.
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How to file the Complaint?
- Every application under this Act must be presented within 6 months from the date on which the minimum wages become payable.
- A single application may be filed on behalf of any number of employees.
- The Adjudicating authority will hear both the applicant and the employer and after due inquiries may direct.-
- Payment of the difference between the minimum wages to be paid under the Act and the actual wages along with a compensation not exceeding 10 times such amount.
- Payment of any amount due to the employees by the employer along with compensation. A Penalty of fifty rupees may be levied on the applicant if the authority feels that the application is either malicious or vexatious. The direction of the authority is final and he shall exercise all the powers of a civil court under the Code of Civil Procedure for taking evidence, enforcing attendance of witnesses and compelling the production of documents. Courts have been barred from entertaining suits under this Act.
- No appeal shall lie against the decision of the authorities under the Act.
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The Minimum Wages Act 1948 is an Act of Parliament concerning Indian labour law that sets the minimum wages that must be paid to skilled and unskilled labours. Download this e-book in PDF free of cost.