gurpreet lf

8/3/2019 gurpreet lf

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WELCOMEWELCOME


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Presentation on Payment ofWages ActPresentation on Payment ofWages Act

Presented by:Gurpreet Kaur

1608751MBA 4th sem


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IntroductionIntroduction

Payment ofWages Act, 1936

Passed 1936

28th march 1937

Amendment 1982

Wage limit Rs.1000 Rs.1600


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Object of actObject of act

y Ensure workers, payment of their earned wages on due

date without unauthorized deduction.

y Timely payment, regular intervals


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Scope and coverageScope and coverage

applicable

Whole ofIndia

Employed in factory, railway administration

Either directly or indirectly or through contractor orperson fulfilling a contract with a railwayadministration

Employed in coal mines, plantation, const.,maintenance, building roads, irrigation etc.

Not applicable

Exceed wages Rs.1600 pm


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wageswages

All remuneration expressed in terms of money orcapable of being expressed which would, if the terms ofemployment, expressed or implied are fulfilled, bepayable to persons employed in his employment or of

work done in such employment.

Earned nt potential wages


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wages Not includewages Not include

y Bonus declared voluntarily profits

y House accommodation water ss, light, medical etc.

y Contribution in PF or pension & interest accrued

y

travelling allowance


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Responsibility of Payment ofWagesResponsibility of Payment ofWages

y Factory manager

y Industrial establishment person responsible 4supervision & control of ind. Est.

y

Railways person nominated by railway adm.I

nthis behalf 4 the local area concerned.


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Rules for payment of wagesRules for payment of wages

y Fixation of wage period

sec3- every person responsible for payment ofwages, fixed

Not exceed 1 month


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Time of payment of wagesTime of payment of wages

y If the no. of employees employed in a factory, anindustrial establishment, or railways, includingdaily rated workers, is less than 1000, wages must bepaid before the expiry of the seventh day after the last

day of the wage period.y In other case, wages must be paid before the expiry of

the 10th day after the expiry of the wage period.

y All payment of wages shall be made on a working

day sec 5.


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Medium from wagesMedium from wages

y Current coin, currency, notes or both.

y By cheques or by crediting wages in bank


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Deduction in wagesDeduction in wages

Without deduction of any kind, except those authorizedin act.

Kinds of deductionFines

Deduction from absence of duty

Deduction from damage or loss

D

eduction from accommodation and serviceDeduction from recovery of loans

Other deductions


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FinesFines

(a) Not imposed except omissions on his part as theemployer, with the previous approval of the state govt.

(b) Not imposed on an employed person until he hasgiven an opportunity of showing cause against thefine.

(c) Who belong the age of 15yr.

(d) Every fine shall be deemed to have been imposed onthe day of the act or omission.


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Deduction for absence from dutyDeduction for absence from duty

(a) May be made on a/c of the absence of employedperson from duty from place , he is required to work.

(b) An employed person shall be deemed to be absent fromduty if, though present at the place of work, he refusesto carry on his work, in pursuance of a stay instrike or for any other cause which is not reasonable.


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Deduction for damage or lossDeduction for damage or loss

(a) Shall not exceed the amount of damage or loss causedto the employer by his neglect or default.

(b) Shall not made until the employed person has beengiven an opportunity of showing cause againstdeduction.

(c) Shall be recorded in register, to be kept withresponsible person.


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Deduction for Accommodation and ServiceDeduction for Accommodation and Service

(a) Cannot made unless such services have been acceptedby the employed person as a term of his employment.

(b) Not include SS of tools & raw material required forpurpose of employment, no deduction.

(c) Amenities & services - authorized by state govt. byesp. order.

(d) State govt. empowered to make rules governingdeductions


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Deduction for recovery of loansDeduction for recovery of loans

y Made from any fund constituted for welfare of labour.

y Made for recovery of loans granted for house buildingor other purposes approved by st. govt.


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Other deductionsOther deductions

y Income tax payable by employed person.

y Required to be made by order of court.

y For contribution to any insurance scheme framed bycentral govt. for employees benefit.


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Maintenance of registers & recordsMaintenance of registers & records

Prescribed form , preserved for 3 yrs. After last entry(date made)

Particulars:

y Work performed by person employed.

y Wages paid to him

y Deductions made from wages.

y

Receipts given by him


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Inspectors & their powersInspectors & their powers

y Inspector of factory appointed under factory act 1948-purpose of payment of wages.

y st,. Govt. can appoint Gazette Officer .think

Powers

(a)Make examinations & inquiry thinks

(b) enter, inspect & search premises of any railways atany reasonable time.

(c) Supervise payment of wages to persons employed.

(d) Examine registers & records or documents

Take copies of registers or documents which may berelevant.


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Recovery of amountRecovery of amount

Sec 15

If authority is Magistrate, fine imposed by him

If not , by any Magistrate, to whom authority makesapplication in his behalf, as if fine were imposed bysuch Magistrate. sec 15(5)


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Obligations of employersObligations of employers

y To see workmen paid their wages regularly- sec 3&5

y To fix wage period 1 mnt.- sec 4

y Current coins & currency notes sec 6

y

Not to make unauthorized deductions sec 7y Maintain registers & records

y Not to enter into any agreement with employed person, whereby he relinquished any right confronted by theact.


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THANK YOUTHANK YOU

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