law THE PAYMENT OF WAGES ACT, 1936 (2).pptx

THE PAYMENT OF WAGES
ACT, 1936

Object of the Act
 To safeguard the wages of the employees under certain conditions laid
down in the Act.
 To make sure, regular and timely payment of wages to the employees.
 To check for unlawful and unauthorized deductions being made by the
employer on the payment of wages.

Applicability of the Act
 The Act applies to ‘certain classes ’ of persons engaged in factories and
industries.
 The importance of the words ‘certain classes’ of persons lies in the fact
that it applies to employees drawing on an average not more than 6500
rupees per month.
 Persons employed in Factory.
 Persons employed upon any railway by a Railway Administration or either
directly or through sub- contractor .
 Persons employed in industrial and other establishment specified in sub –
clauses (a) to (g) of clause (ii) of sec 2
 The State Govt. may after giving 3 months notice by notification in the
Official Gazette , extend the provision of this Act or any of them to
payment of wages to any class of persons employed .

Important Definitions
1. Employed Person [sec 2 (i)] - Employed Person includes the legal
representative of a deceased employed person.
2. Employer [sec 2 (i-a)] - The term Employer includes the legal
representative of a deceased employer.
3. Factory [sec 2 (ic)] – Means a factory as defined in the Factories Act.

4. Industrial and other establishment [sec. 2 (ii)] -
means any,
tramway service or motor transport service engaged in carrying passengers or
goods or both by road for hire or reward;
aa) air transport service other than such service belonging to or exclusively
employed in the military naval or air forces of the Union or the Civil
Aviation Department of the Government of India;
(b) Dock wharf or jetty;
(c) inland vessel mechanically propelled;
(d) mine quarry or oil-field;
(e) plantation;
(f) workshop or other establishment in which articles are produced adapted
or manufactured with a view to their use transport or sale;

(g) establishment in which any work relating to the construction development
or maintenance of buildings roads bridges or canals or relating to
operations connected with navigation irrigation or to the supply of water
or relating to the generation transmission and distribution of electricity or
any other form of power is being carried on;
(h) any other establishment or class of establishments which the Central
Government or a State Government may having regard to the nature
thereof the need for protection of persons employed therein and other
relevant circumstances specify by notification in the Official Gazette.

5.“Wages" [sec 2 (iv)] –
All remuneration (whether by way of salary allowances or otherwise)
expressed in terms of money or capable of being so expressed which
would if the terms of employment express or implied were fulfilled by
payable to a person employed in respect of his employment or of work
done in such employment and includes –
(a) any remuneration payable under any award or settlement between the
parties or order of a court;
(b) any remuneration to which the person employed is entitled in respect of
overtime work or holidays or any leave period;
(c) any additional remuneration payable under the terms of employment
(whether called a bonus or by any other name);
(d) any sum which by reason of the terms of employment (whether called a
bonus or by any other name);

(d) any sum which by reason of the termination of employment of the person
employed is payable under any law contract or instrument which provides
for the payment of such sum whether with or without deductions but
does not provide for the time within which the payment is to be made;
(e) any sum to which the person employed is entitled under any scheme
framed under any law for the time being in force, but does not include –
(1) any bonus (whether under a scheme of profit sharing or otherwise)
which does not form part of the remuneration payable under the terms of
employment or which is not payable under any award or settlement
between the parties or order of a court;
(2) the value of any house-accommodation or of the supply of light water
medical attendance or other amenity or of any service excluded from the
computation of wages by a general or special order of the State
Government;

(3) any contribution paid by the employer to any pension or provident fund
and the interest which may have accrued thereon;
(4) any travelling allowance or the value of any travelling concession;
(5) any sum paid to the employed person to defray special expenses entailed
on him by the nature of his employment; or
(6) any gratuity payable on the termination of employment in cases other
than those specified in sub-clause (d).

Responsibility for the Payment of Wages (Sec.3)
a) Every employer shall be Responsible
b) In Factory – Manager of the Factory is responsible
c) In Industrial or other Establishment A person responsible to the employer
for Supervision and control of the Industrial or other Establishment.
d) In Railway – A person nominated by Railway Administration for that
particular local area
e) In case of Contractor – A person appointed by contractor who is directly
under his charge
f) In other Cases- A person appointed by employer

Wage period (Sec. 4)
 According to Sec 4 of the Act a person responsible is to fix the period of
wages.
 Wage Period must not exceed one month.

Time of payment of wages (Sec.5)
A) In case of persons employed in factory, industrial or other establishment
or in railway –
1. Wages to be Paid before 7th Day- If number of persons employed less
than 1000
2. Wages to be Paid before 10th day – If number of persons employed is
more than 1000 persons
3. In Case of Dock, Wharf or Jetty or in Mine- Before expiry of the of seventh
day after the completion of final tonnage account of the ship or wagons
loaded or unloaded.
B) Wages in case of Termination of Employment –
1.Before the expiry of the 2nd working day from the day on which his
employment is terminated.
2. In case of closure of the establishment for any reason other than a weekly
or other recognized holiday a wages must be paid before the expiry of the
2nd day from the day on which his employment is terminated

C) Exemption – If the State Government may on a general or special order
,exempt the person responsible for the payment of wages from the
operation of the above provisions in certain cases.
D) Wage To be paid on a working Day – Except under sub– section 2 all
payments of wages must be made on a working day.

Mode of payment of Wages (Sec.6)
According to sec 6 all wages must paid –
i. In currency coin or currency notes or both
ii. After an authorization in writing of employed person wages may be paid
either by cheque or by crediting the wage in his bank account

Deductions which may be made from Wages
(Sec.7 to 13)
Section 7- sub –section (1)
1.Every payment made by the employed person to the employer or his agent
must for the purpose of this Act be deemed to be a deduction from wages.
2. Penalties mentioned hereunder are not deduction if imposed for good and
sufficient cause –
a)With holding of increment or promotion
b)In case of demotion
c)Suspension

Authorised Deductions from Wages [Sec.7(2)]
Deductions made by the employer must be made according to this Act and may
be of the following kinds only-
A) Fine (Sec.8):-
it must be approved by state Govt. –
Rules given in Section 8 of the Act are as follows :
1. Notice Board of fines must be displayed in the work premises
2. Opportunity to be given to the employee to show cause against the imposition
of such fine.
3. Amount of fine must be 3% of his wage.
4. Fine should not be imposed on an employee who is under 15 year.
5. Fine to be imposed once only
6. Fine should not be recovered in installments
7. Fine should be recovered in 60 days
8. Imposed on the day of act or omission committed by the employee
9. It must be credited to common fund and utilized for the benefit of employees.

B) Deduction for absence from duty:-
1. Deduction to be made only on account of absence of employed person
from his place of work.
2. It must be deducted by employer for one day or for any period.
3. It Should not be exceeding a sum which bears the same relationship to
the wage payable in respect of the wage period as his period of absence
does to such wage period.
4. Employee refusing to work without proper reason when he is present for
the work place must be deemed to be absent from duty.
5. If 10 or more persons together absent from duty without notice or
without any reasonable cause.

C) Deduction for damage or loss (Sec.10):-
1. Opportunity to be given to an employee to explain reason or cause for
damage or loss caused.
2. Deduction amount must not be exceed than value or amount of damage
or loss..
3. All deductions and realization must be recorded in a register to be kept
by responsible person

D) Deductions for House Accommodation, Amenities and Service (Sec.11)
I) Deduction for house accommodation [Sec 7. (2) (d)] –
1. Employer can make deduction for the house accommodation provided to
employee.
2. This facility must be accepted by employee.
3. Deduction should not exceed an amount equivalent to the value of the
house accommodation provided.
II) Deduction for Amenities and Services [Sec.7 (2) (e)] –
1. Employer can make deduction for the amenities and services provided to
employee.
2. Deduction should not exceed an amount equivalent to the value of the
amenities and services supplied.

E) Deduction for recovery of Advances (Sec.12):-
According to Section 7 (2) (f) –
1. Advance paid to employee before employment began , this amount can
be recovered from first payment of the wages to employee.
2. Amount of advance given for travelling expenses cannot be recovered.
3. Advances can be recovered in installments for not more than a period of
18 months.
4. Installment not to exceed 1/3rd of wages.

F) Deduction for recovery of loan (sec. 12-A)
According to Section 7 (2) (ff) –
Deduction for recovery of loans with interest can be made from any fund
constituted for the welfare of labour in accordance with the rules
approved by state Govt.
Deduction for recovery of House-building Loans (Sec.12A)
According to Section 7 (2) (fff) –
Deduction for recovery of loans granted for house building and other
purpose shall be subject to any rules made by the State Govt. regulating
the extend to which such loans may be granted and the rate of interest
payable thereon

G) Deduction of Income Tax payable by Employed persons [Sec.7 (2)(g)]:-
Income tax payable by the employed person can be deducted from wages to
him by the employer and amount is recovered in 12 months employment.
H) Deduction by Order of Court [Sec.7 (2)(h)]:-
Deduction required to be made by order of the court or other authority
competent to make such order may be made from the wages of employed
person.
I) Deduction for subscriptions to and advances from any provident fund [Sec.7
(2)(i)]:-
Conditions to be satisfied:
i) the provident fund must be such to which the Provident Fund Act applies
ii) the provident fund must be recognised by the Commissioner of Income Tax.
iii) it must have been approved by the appropriate Government.

J) Deductions for payment to Co-operative Societies and Insurance schemes
(Sec.13)
i) Deductions for payment to co-operative societies approved by
appropriate Government or officer, or to scheme of insurance by Indian
Post Office;
ii) deductions made with authorization of person employed for payment of
any premium on his life insurance policy o the Life Insurance Corporation
of India, or for purchase of securities of the Government of India.
(iii)Deduction For the payment of his contribution to any fund constituted
by employer or registered trade union For the welfare of employed person
or his family or both and it is approved by State Govt. or prescribed officer.
(iv) Deduction for payment of the fees payable by him for membership of
registered trade Union. All above deduction made with the written
authorization of the employed person.

K) Deductions for recovery of losses [Sec.7(2)] (m)(n)(o):
Deduction for recovery of losses sustained by the railway administration
made in the following cases
m) Losses on account of acceptance or counterfeit or base coins mutilated or
forged currency notes.
n) Losses on account of the failure of the employed person to invoice, to bill
,to collect or to account for appropriate charges due to fares, freight,
demurrage etc. or in case of sale of food in catering establishment
o) Losses on account of rebate and refund incorrectly granted by the
employed person such losses attributed to his neglect or default.

L) Deduction For Contribution to Prime Minister National Relief Fund etc
[section 7 (2)](p)-
With the authorization of employed person the deduction can be effected
towards contribution.

Maintenance of Registers and Records (Sec.13A)
Employer bound to maintain registers and records of;
• particulars of persons employed
• work performed by them
• wages paid to them
• receipts given by them
• an such other particulars as prescribed
Such registers and records to be maintained for a period of three years from
the date of last entry.

Limitation of Deduction [Sec. 7(3)]
1. In case where such deductions are wholly or partly made for payment to
co –operative societies 75% of such wages and
2. In any other case 50% of such wages

Authorities under the Act
Inspectors (Sec.14) Appointment:
 The appropriate Government shall appoint Inspectors in respect of
factories within their local limits.
 Inspectors of factories under The Factories Act are inspectors under this
Act.
 Appropriate Govt. may appoint other officers as Inspectors.
 Appointment of a person to hear claims for deductions, late payment
.sec(15). That Person can be-
i. Commissioner for workers compensation
ii. Regional or assistant labor commissioner
iii. Presiding officer of labor court or industrial tribunal

CLAIMS ARISING OUT OF DEDUCTIONS FROM WAGES OR DELAY
IN PAYMENT OF WAGES AND PENALTY FOR MALICIOUS OR
VEXATIOUS CLAIMS. [Sec 15]
To hear and decide all claims arising out of deductions from the wages, or delay in
payment of the wages, of persons employed or paid, including all matters,
incidental to such claims, there will be a officer mentioned below appointed by
the appropriate government.
(a) any Commissioner for Workmen's Compensation; or
(b) any officer of the Central Government exercising functions as –
i. Regional Labour Commissioner; or
ii. Assistant Labour Commissioner with at least two years'
experience; or
(c) any officer of the State Government not below the rank of Assistant Labour
Commissioner with at least two years' experience; or
(d) a presiding officer of any Labour Court or Industrial Tribunal, constituted
under the Industrial Disputes Act, 1947 (14 of 1947) or under any
corresponding law relating to the investigation and settlement of industrial
disputes in force in the State; or
(e) any other officer with experience as a Judge of a Civil Court or a Judicial
Magistrate, as the authority to hear and decide for any specified area all claims
arising out of deductions from the wages, or delay in payment of the wages, of
persons employed or paid in that area, including all matters incidental to such
claims

Contracting out (Sec.23)
Any contract or agreement, whether made before or after the
commencement of Act, whereby an employed person relinquishes any
right conferred by the Act shall be null and void in so far as it purports to
deprive him of such right.

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