Unit4

UNIT 4 WAGE AND SALARY ADMINISTRATION

Structure

4.0 Objectives 4.1 Introduction

4.2 Evolution of Wage Concepts

4.2.1 The Statutory Minimum Wage 4.2.2 The Bare Subsistence or Minimum Wage 4.2.3 The Concept of Living Wage 4.2.4 Fair Wage 4.2.5 Minimum Wage 4.2.6 Need-based Minimum Wage

4.3 Payment of Wages Act, 1936

4.3.1 Purpose of the Act 4.3.2 Applicability of the Act 4.3.3 Definition of Wages 4.3.4 Responsibility for Payment of Wages 4.3.5 Wage Period 4.3.6 Time of Payment of Wages 4.3.7 Mode of Payment 4.3.8 Deduction 4.3.9 Deductions Which May be Made From Wages 4.3.10 Limit on Total Amount of Deduction

4.4 Minimum Wage

4.4.1 Object 4.4.2 Scope and Coverage 4.4.3 Definition of Wages

4.5 Bonus 4.5.1 The Perspective 4.5.2 The Concept of Bonus 4.5.3 The Definitions of Bonus

4.6 Equal Remuneration for Men and Women

4.7 Let Us Sum Up

4.8 Answers to Check Your Progress

4.9 Further Reading

4.0 OBJECTIVES After reading this unit you should be able to:

explain the concept of minimum wage, fair wage and living wage and make a distinction between them;

define and explain the meaning c wages under different labour legislation; define wage period, identify the persons responsible for payment of wages ind enumerate the deductions authorised under the Payment of Wages Act;

Human Resource Management describe the procedure for fixation of minimum wage and the effect of non- payment or less payment;

explain the scope and coverage Gf the payment of bonus, set-off and set on and describe the method for determination of bonus; and

describe the duties of employer to pay equal remuneration for men and women for same work or work of similar nature and also not to make discrimination while recruiting men and women workers.

4.1 INTRODUCTION In the previous units you have studied the law relating to the management of welfare, health and medical facilities and the union and management relations. In this Unit you will study wage and salary administration. For a better salary admiriistration it is necessary that the payment should be made at regular intervals and without any arbitrary deductions. Further there should be no discrimination between men and women in respect to wages paid to them for equal work. Quite apart from this law must ensure minimum standards in respect to wages. To meet this situation the law regulates these aspects. It is, therefore, necessary to enforce and administer the law and the minimum standards laid down in this regard.

4.2 EVOLUTION OF WAGE CONCEPTS Broadly speaking, wages have been classified into six broad categories:

i) Statutory minimum wage ii) Bare subsistence or minimum wage iii) Living wage iv) Fair wage v) Minimum wage vi) ~eed-based minimum wage The statutory minimum wage is determined according to the provisions of the Minimum Wages Act, 1948, Category (ii) is the innovation of the Indian Judiciary, Categories (iii), (iv) and (v) have been introduced in the Report of the Copnittee on Fair Wages, Category (vi), i.e. need-based minimum wage has emtrged from the - Resolution of the 15th Session of the Indian Labour Conference. Let us discuss each of these in some detail.

4.2.1 The Statutory Minimum Wage The Minimum Wages ~ c t , 1948 does not define the expression minimum wage. The statutory minimum wage, however, is the minimum wage, providing for some measure of education, medical requirements and amenities.

4.2.2 The Bare Subsistence or Minimum Wage The bare minimum wage is a "wage which would be sufficient to cover the bare physical needs of the worker and his family i.e. a rate which has got to be paid to the workers irrespective of the capacity of the industry to pay".

4.2.3 The Concept of Living Wage v The concept of the living wage which has influenced the fixation of wages in all economically advanced countries is an old and well-established one. But most of the current definitions are of recent origin. The most expressive definition of the living wage is that of Justice Higgins of the Australian Commonwealth Court of Conciliation in the Harvester casts. He defined the living wage as one appropriate for the "normal

needs of the average employee, regarded as a human being living in a civilised community".

Article 43 of the Indian Constitution has also adopted the following as one of the Directive Principles of State Policy:

The state shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities.

This is the ideal to which the workers are hopefully looking forward to achieve.

In All Indian Bank Employees Association v. Reserve Bank of India, (1965) 2 L.L.J. 175 (S.C.), Hidayatullah, J. observed:

Our politital aim is living wage though in actual practice living wage has been an ideal, which has eluded out efforts like an ever receding horizon and will so remain for some time. Our general wage structure has at best reached the lower levels of fair wage though some employers are paying much higher wages than the general average.

4.2.4 Fair wage4 u Fair wage is the mean between the living wage and the minimum wage. Said the

Committee on Fair wages: While the lower limit of the fair wage must obviously be the minimum wage, the upper limit is equally set by what may broadly be called the

P capacity of industry to pay. This will depend not only on the present , economic position of the industry but on its future prospects. Between these two limits the actual wage will depend on (i) the productivity of labour, (ii) the prevailing rates of wages in the same or similar occupation in the same or neighbouring localities, (iii) the level of the national income and its dist$bution, and (iv) the place of the industry in the economy of the country.

In Kamani Metals and Alloys Ltd v. Their Workmen, the Supreme Court observed that fair wage lies between the minimum wage which must be paid in any event, and the living wage which is the goal.

4.2.5 Minimum wage; J The Committee on Fair Wages expressed the view that the minimum wage must provide not merely for the subsistence of life, but for the preservation of the efficiency of the worker. For this purpose, the minimum wage must also provide for some measure of education, medical requirements and amenities. The committee also stated that an industry which was incapable of paying this minimum wage had no right to

b exist and for fixing the minimum wage, no regard should be paid to the capacity of the industry to pay and it should be based on the requirements of the worker and his family.

1 InDHydro (Engineers) Pvt. Ltd v. Their Workmen, the Supreme Court, while upholding the findings of the Committee observed that the minimum wage rates must ensure not only the mere physical needs of the worker and those of his family but also preserve his efficiency as a workman.

4.2.6 Need-based Minimum Wage . According to 15th Indian Labour Conference (July, 1957), the need-based minimum wage "should ensure the minimum human needs" of the industrial worker, irrespective of any other consideration. The Fair Wage Committee adopted the following norms for the calculation of "need-based wage for industrial labour" which should guide all wage fixing authorities:

i) In calculating the minimum wage, the standard working class family should be

Wage and Salary Administration

Human Resource Management taken to consist of 3 consumption units for one earner; the earnings of women, children and adolescents should be discared.

ii) Minimum food requirements should be calculated on the basis of a net intake of 2,700 calories. as recommended by Dr. Aykroyd for an average Indian adult of moderate activity.

iii) Clothing requirements should be estimated at a per capita consumption of 18 yards per annum which would give for the average worker's family of four, a total of 72 yards.

iv) In respect of housing, the norms should be the minimum rent charged by Government in an area for houses provided under the Subsidised Industrial Housing Scheme for Low Income Groups.

v) Fuel, lighting and other 'miscellaneous' items of Expenditure should constitute 20 per cent of the total minimum wage.

Of these, point (ii) refemng to the nutritional requirements in the aforesaid norms has been the subject of much controversy. In Workmen v. Management of Reptakar Brett & Co. the Supreme Court observed:

The concept of "minimum wage" is no longer the same as it was in 1936. Even 1957 is way behind, a worker's wage is no longer a contract between an employer and an employee. It has the force of collective bargaining under the labour laws. Each category of the wage structure has to be tested at the anvil of social justice which is the live fibre of our society today. Keeping in view the socio-economic aspect of fie wage structure, we are of the view that it is necessary to add the following additional component as a guide for fixing the minimum wage in the industry:

(iv) Children education, medical requirement, minimum recreation including festivals/ceremonies and provision for old age, marriages etc. should further constitute 25% of the total minimum wage.

The Court added:

The wage structure which approximately answers the above six components is nothing more than a minimum wage at all times and under all circumstances. An employer who cannot pay the minimum wage has no right to engage labour and no justification to run the industry.

Check Your Progress 1

Fill in the blanks:

............ ............ i) Fair wage lies between the wage and the wage. ii) Statutory minimum wage is determined in accordance with the provision of the

4.3 PAYMENT OF WAGES ACT, 1936

4.3.1 Purpose of the Act The object of the Act is to eliminate all avoidable delays in the payment of wages to workmen within the meaning of this Act and to protect them from unlawful deductions in the payment of their wages.

4.3.2 Applicability of the Act The Payment of Wages Act applies to the persons mentioned hereunder:

a) persons employed in a factory b) persons employed otherwise than a factory c) persons employed upon any Railway by Railway administration, either directly or

through a sub-contractor fulfilling a contract with Railway administation.

d) persons employed in an industrial or other establishment specified in sub-classes (a) to (g) of clause (ii) of Section 2.

4.3.3 Definition of Wages Section 2 (vi) of the Payment of Wages Act, 1936 defines "wages" as all remuneration, including salary, allowance, or otherwise expressed in terms of money or capable of being so expressed, which would, if the terms employment express or implied were fulfilled, be payable to a person employed in respect of his employment, and includes:

a) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;

b) any remuneration payable under any award of settlement between the parties or order of Court;

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 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 withint 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 the sums mentioned hereunder shall not include:

i) 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;

ii) the value of any house accommodation, or of 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;

iii) any contribution paid by the employer to any pension or provident fund, and the interest which may have accured there on;

v) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or

vi) any gratuity payable on the termination of employment in'cases other than specified in sub-clause (d).

4.3.4 Responsibility for Payment of Wages The Act imposes an obligation on every employer to make payment of all wages

P required to be paid under this Act to persons employed by him. In addition, for person employed (otherwise than by a contractor), the following persons so named, nominated, \ or responsible to the employer, jointly and severally, are responsible for such payment:

I i) In factories the person named as manager ii) In industrial or other establishments the person who is responsible to the employer

for the supervision and control of the industrial or other establishment.

iii) In railways (otherwise than in factories) the person who has been so nominated in this behalf for the local area concerned by the railway administration.

L 4.3.5 Wage Period

I Section 4 of the Payment of Wages Act, 1936 provides that every person responsible for the payment of wages under Section 3 of the Act shall fix wage periods in respect of which such wages shall be paid. Wage period may be fixed as payable daily, weekly, fortnightly or monthly. Employer is bound to fix wage periods. No wage period shall exceed one month.


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4.3.6 Time of Payment of Wages Section 5 lays down the rules as to the time of payment of wages. The payment must be made at regular intervals. Every person employed upon or in:

a) any railway, factory, or industrial or other establishments or in which there are less than one thousand employees, the wages shall be paid before the expiry of the seventh day; and

b) any other railway, factory or industrial or other establishment shall be paid before expiry of the tenth day after the last day of the wage period in respect of which the wages are payable.

In the case of persons employed on a dock, wharf, or jetty, or in a mine, the balance of wages found due on completion of the final tonnage account of the ship or wage loaded or unloaded, as the case may be, shall be paid before the expiry of the seventh day from the day of such completion.

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Where the employment of any person is terms by or on behalf of the employer, the wages earned by him be paid before the expiry of the second working day from the

. day on which his employment is terminated.

Where the employment of any person in an establishment is terminated due to the closure of the establishment for any reason other than a weekly or the recognised holiday, the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is so tenninated.

Under Section 5(3), the State Government may, subject to such condition as specified and to such extent as may be specified in the order, ,exempt the person responsible for the payment of wages to the person employed upon any railway, (otherwise than a factory), or persons employed as daily rate in the Public Works Department of the CentraUState Government.

4.3.7 Mode of Payment Section 6 lays down that all wages shall be paid in current coins or currency notes or in both. The employer may, after obtaining the written authorisation of the employed person, pay the wages whether by cheque or by crediting the wages in his bank account.

. 4.3.8 Deduction Every payment made by the employed person to the employer or his agent shall be deemed to be a "deduction" for the purpose of this Act, as is made clear by Explanation I to Section 7. Reduction of wages on account of change in lower cadre would amount to deduction of wages.

According to Explanation I1 to Section 7, the penalties mentioned hereunder are not deductions if imposed for good and sufficient cause:

a) the witholding of increment or promotion including the stoppage of the increment at an efficiency bar;

b) the reduction to a lower post or time-scale or to a lower stage in a time scale or c) suspension

0 4.3.9 Deductions Which May be Made From Wages Section 7 of the Act provides that deductions from the wages of an employed person shall be made only in accordance with the provisions of this Act and may be of the following kinds only namely:

a) fines b) deductions for absence from duty c) deductions for damages to or loss of goods expressly entrusted to the employed

9 person for custody or for loss of money for which he is required to account where such damage or loss is directly attributable to his neglect or default.

d) deductions for house accommodation supplied by the emplbyer. e) deductions for amenities and service supplied by the employer. f) deduction for recovery of advances of whatever nature and the interest due in

respect thereof or for adjustment of over payment of wages. g) deductions for recovery of loans and interest due in respect thereof. h) deductions for recovery of loans granted for house building and the interest due in

respect thereof.

i) deductions of Income Tax payable by the employed person. j) deductions required to be made by order of a Court or other competent

authority.

k) deductions for subscription to and for payment of advances from any provident fund.

1) deduction for payment to co-operative societies or to scheme of Insurance maintained by the Indian Post Office.

. m) deductions made for payment of any premium on the Life Insurance Policy to the Life Insurance Corporation of India.

n) deductions made, with the written authorisation of employed person for the payment of employees contribution to any fund constituted for the welfare of the employed persons or the members of their families or both.

o) deductions made, with the written authorisation for payment of the fees payable by the employee for the membership of any trade union registered under the Trade Union Act, 1926.

p) deductions for payment of insurance premium on fidelity Guarantee Bonds. q) deductions for recovery of losses sustained by a railway administration on account

of acceptance by the employed person of counterfiet or base coins mutilated or forged.

r) deductions for recovery of losses sustained by the railway administration on account of the failure of the employed person to invoice, to bill, to collect or to account for the appropriate charges due to that administration in respect of fares, freight, demurrage wherfage and Carnage or in respect of sale of goods in catering establishments or in respect of commodities in grainshops or otherwise.

S) deductions for recovery of losses sustained by a railway administration on account of any rebates or refunds is correctly attributable to his neglect or default.

t) deductions made for contribution to the Prime Minister's National Relief Fund or to such other fund with the written authorisation of the employed person.

u) deductions for contribution to any insurance scheme framed by the Central Government for the benefit of its employees.

4.3.10 Limit on Total Amount of Deduction Section 7 (3) provides that the total amount of deddion which may be made in any wage period from the wage of an employed person shall not exceed:

i) 75% of such wages where such deductions are wholly or partly made for payment. to co-operative societies

ii) in any other case, 50% of such wages. Where, however, total deductions authorised under the section exceeds 75% as the case may, the excess may be recovered in such manner as may be prescribed.

Wage and Salary Administ-

Human Resource Management Check Your Progress 2

1 ) Who is responsible for payment of wages in factcwies under the Pavment of Wages Act. 1Y36?

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2) Can wage period exceed one month under the Payment of Wages Act, 1936?

3 ) Can wages he paid through cheque?

1.4 MINIMUM WAGE

4.4.1 Object The Minimum Wages Act was enacted in the year 1948 to give effect to the recommendation adopted by the International Labour Conference in the year 1928. The fixation of minimum rates of wages is directed against exploitation of the ignorant, less organised and less privileged members of the society by the capitalist class. The anxiety on the party of the society to improve the general economic conditions of some of its less favoured members has resulted in enactment of the Minimum Wages Act. 1948.

4.4.2 Scope and Coverage The Minimum Wages Act, 1948 extends to the whole of India. However, under Section 3 (I), the appropriate Government fixes the minimum rates of wages payable to workers employed in job specified in Part I or Part I1 of the Schedule and in any other employment added to wither part by notification under Section 27.

The employments are listed in Parts I and I1 of the Schedule appended to the Act which are as follows:

Employment in any:

1) Woolen carpet making or shawl weaving establishment; 2) Rice mill, flour mill or dal mill. 3) Tobacco (including bidi-making) manufacturing. 4) Plantation, that is to say, any estate which is maintained for the purpose of growing

cincona, rubber, tea, or coffee. 5 ) Oil mill 6) Lac manufacturing 7) Mica works 8) Public motor transport . 9) Tanneries and leather manufacturing

10) Employment under any local authority 11) Employment on the construction and maintenance of roads or in building operations 12) Employment in stone-breaking or stone-crushing 13) Employinent in the mines of: (i) Gypsum, (ii) Barytes, (iii) Bauxite, (iv) Manganese,

(v) China clay, (vi) Kyanite and, (vii) Mangnesite. Part 11 of the Schedule includes employment in agriculture, that is to say, in any farming, including the cultivation and tillage of the soil. dairy-farming production, cultivation, growing and harvesting of any agricultural or hmkultural commodity, the raising of live-stock; bees and poultry, and any practice performed by a farmer or on farm as incidental to or in conjunction with farm operations i'ncluding any forestory or

timbering operations and the preparation for market any de1ive.q to storage or to market or to carriage for transportation to market or farm produce.


4.4.3 Definition of Wages The Minimum Wages Act does not define the term "minimum wage". However Section 2(b), defines "wages" mean all remuneration capable of being expressed in terms of money, which would, if the terms of the contract of employment express or implied were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment and include:

i) the value of: a) Any house accommodation, supply of light, water, medical attendance, or b) Any other amenity or any service excluded by general or special order of the

appropriate Government.

ii) Any contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of social insurance.

iii) Any travelling allowance of the value of any travelling concession. iv) Any sum paid to the person employed to defray special expenses entailed upon

him by the nature of his employment; or ,

V) Gratuity payable on discharge.

Fixation of minimum rates of wages C Section 3 lays down the provisions with respect to fixation of wages. The appropriate

Government shall fix the minimum rates of wages payable to the employees employed in an employment specified in Part I1 of the Schedule and in an employment added to either part by notification under Section 27.

But regarding employees employed in an employment specified in Part I1 of the Schedule, the appropriate Government may instead of fixing minimum rates of wages under Section 3 (1) (a) for the whole state, fix such rates for a part of the state or for any specified class or classes of such employment in the whole of the state or any part thereof.

Review and Revision: The minimum rates of wages so fixed shall be reviewed by the appropriate Government at such intervals as it may think fit. Such intervals shall not exceed five years. However if the appropriate Government has not reviewed or revised the minimum rates within a period of five years, it may do so after the expiry of the said period of five years.

Sub-section (2) of Section 3 provides that the appropriate Government may fix: i) a minimum rates of wages for %me-work, to be known as minimum time rate;

I ii) a minimum rate of wages for piece-work to be known as a minimum piece-rate; iii) a minimum rate of remuneration to apply in the case of employees employed on

piece-work for the purpose of securing to such employees a minimum rate of I wages on a time work basis to be known as "guranteed time-rate".

iv) a minimum rate to apply in substitution for minimum rate which would otherwise be applicable in respect of overtime work done by employees, to be known as "overtime rate".

Section 3 (2-A) lays down that the fixed or revised rates of wages shall not apply to any of the cases mentioned here under when either the dispute is pending or an award by the tribunal is in operation:

i) Where a dispute in respect of rates of wages is pending before a Tribunal or National Tribunal under the Industrial Disputes Act or before any like authority under any other law; or

i ii) Where such a Tribunal has made an award which is in operation.

Human Resource Management From this it appears that an Industrial Tribunal is not bound by the fixation or revision of minimum rates of wages by the Government during the pendency of proceedings before it. Section 3 (3) provides that in fixing and revising minimum rates of wages, different rates of wages may be fixed for - i) different scheduled employments; ii) different classes of work in the same scheduled employment; iii) adults, adolescents, children and apprentices; iv) different localities. Minimum rates of wages may be fixed by one or more of the following wage periods, namely

i) by the hour; ii) by the day; iii) by the month; or iv) by such other longer period as may be prescribed; Where such rates are fixed by the day or by the month, the manner of calculating wages for a month or for a day, as the case may be indicated, but where any wage periods have been fixed under Section 4 of the Payment of Wages Act, 1936, minimum wages shall be fixed in accordance therewith. Minimum rates of wages: The minimum rates of wages fixed or revised by the appropriate Government in respect of scheduled employments under Section 3 may consist, according to Section 4, of:

i) a basic rate of wages and a special allowance at a rate to be adjusted, at such intervals and in such manner as the appropriate Government may direct, to accord as nearly as practicable with the variation in the cost of living index number applicable to such workers (hereinafter referred to as the "cost of living allowances"); or

ii) a basic rate of wages with or without the cost of living allowance, and the cash value of the concession in respect of supplies of essential commodities at concessional rates where so authorised; or

iii) an all inclusive rate allowing for the basic rate, the cost of living allowance and the value of the concession, if any.

The cost of living allowance and cash value of the concessions in respect of supplies of essential commodities at concession rates shall be computed by the competent authority at such intervals and in accordance with such directions as may be specified or given by the appropriate Government. Procedure for f i ing and revising minimum wages: Section 5 lays down the procedure for fixing and revising the minimum rates of wages. The appropriate Government shall adopt any of the following procedures in fixing minimum rates of wages in respect of Scheduled employment for the first time or for revising it:

a) appoint as many committees and sub-committees, as it considers necessary. to hold enquiries and advise it in respect of such fixation or revision as the case may be.or

b) by notification in the official Gazette, publish proposals for the information of persons likely to be affected thereby, and specify a date not less than two ~ o n t h s from the date of notification, on which the proposals will be taken into consideration.

After considering the advise of the committee or committees appointed and all representations received by it, before the date specified in the official Gazette, the appropriate Government by notification in the official Gazette may fix or, as the case may be revise the minimum rates of wages in respect of each scheduled employment, which shall come into force after the expiry of three months, unless differently mentioned in the said notification.

The appropriate Government shall consult the Advisory Board if it proposes to revise the minimum rates of wages by the mode provided under clause (b) above. composition of Committees: Section 9 lays down that each of committee, sub- committees and the Advisory Board shall consist of persons to be nominated by the appropriate Government, representing employers and employees in the scheduled employments, who shall be equal in number and independent persons not exceeding one third of its total number, one of such independent person shall be appointed the Chairman by the appropriate Government.

Wages in kind: Section 11 of the Minimum Wages Act, 1948 provides that minimum wages payable under this Act shall be paid in cash. However, where it has been the custom to pay wages wholly or partly in kind, the appropriate Government may, by notification in the official Gazette, authorise the payment of minimum wages either wholly or partly in kind. Likewise the appropriate Government may, by notification in the official Gazette, authorise the provision of supplies of essential commodities at concessional rates.

Payment of minimum rates of wages: Section 12 provides that where in respect of any scheduled employment a notification under Section 5 is in force, the employer shall pay to every employee engaged in a scheduled employment under him wages at a rate not less than the minimum rates of wages fixed by such notification for that class of employees in that employment without any deduction except as may be authorised within such time and subject to such conditions as may be prescribed. Fixing hours for a normal working day etc.:

1) In regard to any scheduled employment minimum rates of wages in respect of which have been fixed under this Act, the appropriate Government may:

a) Fix the number of hours of work which shall constitute a normal working day, inclusive of one or more specified intervals;

b) provide for a day of rest in every period of seven days which shall be allowed to all employees on any specified class of employees and for the payment of remuneration in respect of such days of rest; 4

c) provide for payment for work on a day of rest at a rate not less than the overtime rate.

2) The aforesaid provisions shall apply to the following classes of employees to such extent and subject to such conditions as may be prescribed: a) employees engaged on urgent work, or in any emergency, which could not have

been foreseen or prevent;

b) employees engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned;

c) employees whose employment is essentially intennittant; d) employees engaged in any work which for technical reasons has to be .completed

before the duty is over;

e) employees engaged in a work which could not be carried on except at times dependent on the i~~egular action of natural forces.

3) For the purposes of clause (c) of sub-section 72) employment of an employee is essentially intermittent when it is declared to be so by the appropriate Government on the ground that the daily hours of duty as such for the employee the houm duty, normally includes periods of in action during which the employee may be on duty but is not called upon to display either physical activity or sustained attention.

Wage for two or more classes of work: Section 16 of the Act provides where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each. Such class work, wages at not less than the minimum rate in-force in respect of each such class.

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Human Resource Management 4) Maintenance of registers and records: Every employer shall maintain such register and records giving such particulars of employees employed by him, the work performed by them, the wages paid to them, the receipts given by them and such other particulars and in such form as may be prescribed. Further he is required to be exhibited, in prescribed manner in the factory, workshop or place where the employees in the scheduled employment may be employed, or in the case of out-workers, in such factory, workshop or place as may be used for giving out work to them notices in prescribed form containing prescribed particulars.

5) The appropriate Government may, by rules made under this Act, provide for the issue of wage books or wage slip to employees employed in any scheduled employment in resepct of which minimum rates of wages have been fixed, and prescribed the manner in which entries shall be made and authenticated in such wage books or wage slip by the employer or his agent.

Minimum time rate wages for piece-work

Overtime: Section 14 lays down that where an employee whose minimum rate of wages is fixed under this Act by the hour, by the day, or by such longer wage period as may be prescribed, works on any way, in excess of the number of hours constituting a normal working day the employer shall pay him for every hour or part of an hours so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate Government for the time being in force, whichever is higher.

Wages of a worker who works less than the normal

Section 15 provides that if an employee whose minimum rate of wages has been fixed under this Act "by the day" works on any day on which he was employed for a period less than the requisite number of hours constituting a normal working day, he shall be entitled to receive wages in respect of work done by him on that day as if he had worked for a full normal working day. But he shall not be so entitled to receive wages for a full normal working day:

i) If his failure to work is caused by his unwillingness to work, and not by the omission of the employer to provided him with work, and

ii) such other case and circumstances as may be prescribed.

Minimum time rate wages for piece-work

Section 17 provides that where an employee is employed on piece-work of which minimum time-rate and not a minimum piece rate has been fixed under this Act, the employer shall pay to such employee wages at not less than the minimum time rate.

Adjudication of Claims

Under Section 20 (I), any one of the following persons may be appointed as an authority under the Minimum Wages Act to entertain and decide claims arising out of payment of less than the minimum rates of wages in a particular area by the appropriate Government:

i) Any Commissioner for Workmen's Compensation; or ii) Any officer of the Central Government exercising functions as Labour

Commissioner for any region; or

iii) Any officer of the State Government not below the rank of Labour Commissioner; or

iv) Any officer with experience as a judge of Civil Court; or v) Any Stipendiary ~ a ~ i s k a t e .

Procedure

An Application for claim under Section 20 (2) may be made by an employee regarding: a) Payment of remuneration for days of rest; or

b) ' Remuneration for work done on such days of rest; or c) Wages at the overtime rate under section'l4. Who may apply: Under Section 20 (2) an application may be made by (i) the employee himself or (ii) any legal practitioner, (iii) or any official of a registred trade union, (iv) persori authorised in writing to act on his behalf, or (v) any Inspector, or (vi) any person acting with the permission of the authority. Limitation: Such an application may be made within six months from the date on which the minimum wages or other payment became payable. On showing sufficinet cause for not making it within time, it may be entertained even after his period.

Procedure and hearing of the parties: On presentation of an application under Section 20 (2), for claim, it has to be admitted. After admission, notice may be issued to the employer to show cause why the application should be allowed. If the employer does not appear an ex parte order may be passed. If the employer appears the Authority will hear both parties, make any further enquiry, and if necessary, make direction to the employer under Section 20 (3). a) In the case of a claim arising out of payment of less than the minimum rates of

wages for the payment to the employee of the amount by which the minimum wages payable to him exceed the amount actually paid together with the payment of such compensation as the Authority may think fit, not exceeding ten times the amount of such excess;

b) In any other case, for the payment of the amount due to the employee, together with the payment of such compensation as the Authority may think fit not exceeding ten rupees, and the Authority may direct payment of such compensation in cases where the excess or the amount due is paid by the employer to the employee before the disposal of the application.

Finality of the direction: A direction of the Authority under Section 20 (3) shall be final. It is not appealable.

Penalty for malicious or vexatious claims: Section 20 (4) lays down that if the Authority hearing any application under this section is satisfied that it was either malicious or vexations, it may direct that a penalty not exceeding fifty rupees be paid to the employer by the person presenting the application.

Powers of Authority: Section 20 (7) provides that every Authority appointed under section 20 (1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908, for the purpose of taking eviilence and of enforcing the attendance of witnesses and compelling the production of documents, and every such Authority shall be deemed to be a Civil Court for all the purposes of Section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898.

Single application in respect of a number of employees: Section 21 provides that a single applicat~on may be presented under section 20 on behalf or in respect.of any number of employees, employed in the scheduled employed in respect of which minimum rates of wages have been fixed. Under Section 20 (3), the maximum compensation to be awarded shall not exceed ten times the aggregate amount of such excess or ten rupees per head as the case may be.

Recovery of the amount payable: Sub-section (5) of Section 20 provides that any amount directed to be paid under this section may be recovered:

a) if the Authority is a Magistrate, by the Authority as it were a fine imposed by the Authority as a Magistrate, or

b) if the Authority is not a Magistrate, by any Magistrate to whom the Authority makes application in this behalf as it were a fine imposed by such Magistrate.

Inspection

Section 19 (2) lays down that subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed:


a) enter, at all reasonable hours. with such assistants, if any, being persons in the

Human Resource Management service of the Government, or any local or other public authority, as he thinks fit, any premises or place where employees are employed or work is given out to workers in any scheduled employment in respect of which minimum rates of wages have been fixed under Act, for the purpose of examining any register, record of wages or notice required to be kept or exhibited by or under this Act or rules made thereunder, and require the production thereof for inspection;

b) examine any person whom he finds, in any premises or place and who, he has reasonable cause to believe, is an employee employed therein or an employee to whom work is given out therein;

c) require any person given out-work and any out workers, to give any information, which is in his power to give, with respect to the names and addresses of the persons to, for and from the work is given out or received, and with respect to the payments to be made for work;

d) seize or take copies of such register, record of wages or notice or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by employer; and

e) exercise such other powers as may be prescribed. Every Inspector shall be deemed to be a public servant with in the meaning of the India Penal Code. Any person required to produce any document or thing to give any information by an Inspector under Section 19 (2 ) , as mentioned above shall be deemed to be legally bound to do so within the meaning of Section 175 and Section 176 of the 1ndian Penal Code.

Offences and Penalties Section 22 provides that any employer who:

a) pays to any employee less than the minimum rates of wages fixed for the employee's class of work, or less than the amount due to him under the provisions of this Act, or

b) contravenes any rule or order made under Section 13 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. But in imposing any fine for an offence under this section the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under Section 20. Check Your Progress 3

1) When the minimum wages be revised'?

...........................................................................................................................................

2) Is the capacity of einployer to pay relevant in fixation of minimum wage'!

............................................................................................................................................

3 ) Can the minimum wage be paid in kind'?

4) Can single application he made in respect of a number of employees before the authority under the Minimum Wages Act, 1948.

4.5 BONUS

4.5.1 The Perspective The problem of bonus has assumed great significance in the present-day industrial set- up of India. Unlike personal disputes which, because of political, ideological and personnel rivalries between the unions are generally confined to a section of the establishment, bonus disputes tend to affect the entire labour force in the establishment and sometimes even the entire industry in the affected region.

4.5.2 The Concept of Bonus The concept of bonus has undergone a marked change since the end of the World War I. Originally, it meant gratuitous payment made by the employer to his workmen at his pleasure to keep the worker contented. With the efflux of time, judicial wisdom has transformed it into a legitimate claim which the workers can demand as a matter of right.

4.5.3 The Definitions of Bonus The term 'bonus' has not been defined in any legislative enactment. However, various Committees and Commissions and Courts have attempted to define the term. The Textile Labour Inquiry Committee defined bonus as follows:

" The term "bonus" is applied to a cash payment made in addition to wages. It generally represents the cash incentive given conditionally on certain standards of attendance and efficiency being attained.

The Bonus Commission has also defined bonus as follows:

The concept of bonus is difficult to define in rigid tehns, but it is possible to urge that once profits exceed a certain base, labour should legitimately have a share in them. In other words, we think it proper to construe the concept of bonus as sharing by the workers in the prosperity of the concern in which they are employed. This has also the advantage that in the case of low paid workers such sharing in prosperity augments their earnings and so helps to bridge the gap between the actual wage and the need-based wage.

I The Payment of Bonus Act, 1965

The Object of the Act I I The scheme of the Payment of Bonus Act, 1965, broadly stated, has four objectives:

i) To impose statutory obligation upon the employer of every establishment covered by the Act to pay bonus to employees in the establishment.

ii) To define principle of payment of bonus according to the prescribed formula.

I iii) To provide for payment of minimum+and maximum bonus and link the payment of bonus with the scheme of set-off and set-on. I iv) To provide for enforcement of the liability for payment of bonus. The Scope of the Act The Act covers all persons who are employed for hire or reward to do any work, skilled, manual, supervisory, managerial, administrative, technical or clerical work drawing a salary or wage not exceeding Rs. 25000 per month, in any factory or establishment employing more than 20 or more persons. The Act covers the probationer, but does not cover apprentice as he is not included within the term employee under Section 2 (13).

Applicability of t h e ' ~ c t I

The Act applies to every factory and every other establishment in which 20 or more


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Human Resource Management

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72

persons are employed on any day during accounting. However, the appropriate Government is empowered to apply the provisions of the Act to any factory1 establishment employing less than 20 but not less than 10 persons during the accounting year, after giving two months notice in the Official Gazette.

Section 2 (16) defines "establishment in public sector" as: "establishment in public sector means an establishment owned, controlled or managed by:

a) a Government company as defined in Section 617 of the Companies Act, 1965 b) a corporation in which not less than forty per cent of its capital is held (whether

singly or taken together) by: i) the Government or ii) the Reserve Bank of India, or iii) a corporation owned by the Government or the Reserve Bank of India

And Section 2 (15) defines "establishment in private sector" to mean an establishment other than an establishment in public sector.

The provision of this Act shall in relation to a factory or other establishment to which the Act applies, have effect of the accounting year commencing on any day in the year 1964, and subsequent accounting year. The Act once applicable to an establishment shall continue to apply notwithstanding that the number of persons employed therein falls below 20.

Calculation of Amount of Bonus Section 10 of the Payment of Bonus Act, 1965 makes it obligatory on every employer in respect sf the accounting year to pay minimum bonus which shall be 8.33 per cent of the salary or wage earned by the employee during the accounting year or one hundred rupees, whichever is higher, whether or not the employer has any allocable surplus in the accounting year. But where an employee has not completed fifteen years of age at the beginning of the accounting year, he shall be paid sixty rupees.

But where the allocable surplus of any accounting year exceeds the amount of minimum bonus payable to the employees, the employer shall in lieu of minimum bonus be bound to pay every employee in respect of that accounting year bonus which shall be an amount in proportion to the salary or wage by the employee during the accounting year subject to a maximum of 20% of such salary or wage. Thus under the Act, in the absence of any allocable surplus in any accounting year the minimum bonus of 8.33% payable. But if the allocable surplus is available the amount of bonus shall be to a maximum of 20% of the salary or wage. In computing the allocable surplus the amount set on or the amount set off under the qrovisions of Section 15 shaM be taken into account.

Allocable surplus has been defined to mean:

a) in relation to an employer being a company other than a banking Company, which has not made the arrangement prescribed under the Income Tax Act for the declaration and payment ,with in India of the dividends payable out of its profits in accordance with the provisions of Section 194 of that Act, sixty seven per cent of the available surplus in an accounting year;

b) in any other case sixty per cent of such available surplus. Rule of set on and set off of allocable surplus: The available allocable surplus for the relevant accounting year has to be arrive3 at after taking into account the figures of set on and set off in the previous year. It is as follows (Section .IS): 1) Where in any accounting year, the allocable surplus exceeds the amount of

maximum bonus payable under the Act to the employees in the establishment then the excess shall subject to a limit of 20% of the total salary or wages.of the employees employed in'the establishment in that accounting year, be carried

forward for being set on in the succeeding accounting year and sooil up to and inclusive of the fourth accounting year to be utilised for the purpose of payment of bonus.

2) Where in any accounting year there is no available surplus or the allocable surplus in that year falls short of the amount of minimum bonus payable to the employees in the establishment and there is no amount or sufficient amount carried forward and set on which could be utilised for the purpose of payment of the minimum bonus, then such minimum amount or the deficiency as the case may be shall be carried forward for being set off in the succeeding accounting year up to and inclusive of the fourth accounting year.

3) This principle shall apply to all other cases not covered by the above provisions for the payment of bonus.

4) wherein any accounting year any amount has been carried forward and is set on or set off, then in calculating bonus for the succeeding accounting year, the amount carried forward from the earliest accounting yeat shall first be taken into account.

Special provisions: Under the Act bonus is payable to employees drawing wages exceeding Rs. 25001- per mensem provided he has worked in the establishment for not less than thirty working days in that year (Section 8). Where however the salary or wage of an employee exceeds Rs. 16001- per mensem, bonus for him shall be calculated as if his salary or wage is Rs. 16001- per mensem (Section 12). 2) Where an employee has not worked for all working days in any accounting year,

then the minimum bonus of one hundred rupees or sixty rupees as the case may be if that bonus is higher than 8.33 per cent of his salary or wage or wage for days he has worked shall be proportionately reduced (Section 13).

3) Where in any accounting year: a) an employer has paid any puja bonus or other customary bonus to an

employee; or .

b) an employer has paid a part of the bonus payable to an employee under this Act, before the date on which the bonus becomes payable.

Then the employer would deduct the amount of bonus so paid from the amount of bonus payable to the employee in respect of the accounting year and the employee would be entitled to receive the balance only (Section 17).

4) Where in any accounting year the employee is found guilty of misconduct causing financial loss to the employer then it shall be lawful for the employer to deduct the amount of loss from the amount of bonus payable by him to the employee under * this Act, in respect of the accounting year and the employee shall be entitled to receive the %alance, if any (Section 18).

The process of computation of the amount of bonus is as follows:

i) Gross Profit - Authorised deduction = available surplus ii) Allocable surplus - Company (other than Banking Company) = 67% of available

surplus and in others 60% of available surplus. iii) Allocation surplus - Bonus already paid to employees = balance to be paid.

I f there is allocable surplus then the maximum of it at the rate 20% of the wage or salary. If there is no allocable surplus then the minimum bonus.at the rate of 8.33 per cent of wages or salary of Rs. 100 which is higher.

Disqualification for bonus: Under Section 9 of the Act a person is disqualified to receive bonus if he is dismised from service for:

a) fraud; or b) riotous or violent behaviour while on the premises of the establishment; or c) theft, misappropriation or sabotage of any property of the establishment.


Human Resource Management Check Your Progress 4

1) Is the employer bound to pay minimum bonus even in case of loss in the establishment? If so how much?

2) Whether the Payment of Bonus Act prescribes the maximum bonus? If so how much?

3 ) Is the person disqualified to receive bonus if he is dismissed from service for violent behaviour?

4.6 EQUAL REMUNERATION FOR MEN AND WOMEN Equal pay for men and women for equal work is one of the significant human rights set out in the Universal Declaration of Human Rights which the General Assembly of .the United Nations adopted and proclaimed on December 10, 1948 (wit5 not a single country voting against it) as a common standard of achievement of all people and all nations. The Declaration stipulates that "everyone without discrimination, has a right to equal pay for equal work. In 1958 the LO concluded Convention No. 11 1 against discrimination in matters of employment and profession.

In September 1958, India ratified the L O Convention No. 11 1 concerning equal remuneration for men and women workers for work of equal value which requires a member-State ratifying the Convention to promote as well as ensure the application or regulations legally established or recognised machinery for wage determination, collective agreements between employers and workers, or a combination of these measures. It is significant to note that notwithstanding the ratification of the Convention in 1958, India incorporated, eight years prior to its ratification, Article 39 (d) of the Constitution of India which proclaims "equal pay for equal work for both men and women" as a Directive Principle of State Policy which has to be read into the fundamental rights as a matter of interpretation. Article 14 of the Indian Constitution enjoins the State not to deny any person equality before the law or equal protection of the Laws, and Article 16 declares that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

The Equal Remuneration Act, 1976 seeks to provide for the payment of equal remuneration to male and female workers and prevent discrimination pn the ground of sex against women in matters of employment. Section 2, (g) defines "Remunerations" to mean the basic wage or salary and 'any additional emoJuments whatsoever payable either in cash or in kind, to a person employed in re pect of employment or work done 7 in such employment, if the terms of the contract of employment, express or implied, were fulfilled.

And Section 2 (h) defines "same work' or work of similar nature" to mean: work-in respect of which the skill, and responsibility required are the same when performed under similar wprking csnditions, by a man or a woman and the differences, if any, between the skill effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment.

Section 3 of the Act gives overriding effects to the provisions of this Act. Section 4 incorporates the basic principle of parity of payment for equal work when it provides, itnter alia that

i) no employer shall pay to any worker, employed by him in an establishment

or employment, remuneration, whether payable in cash or in kind at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex in such establishment or employment for performing the same work or work of a similar nature.

ii) no employer shall, for the purpose of complying with the provisions of sub- section (1) reduce the rate of remuneration of any worker.

Section 5 attempt? to check the discrimination in recruitment in future on the basis of sex except where the employment of women in such work is prohibited or restricted by or under any law. Section 6 provides establishment of an Advisory Committee for the purpose of providing increasing employment opportunities for authority to hear and decide complaints and claims arising from the non payment of equal pay to both men and women. The Act ilso provides for appointment of Appellate Authority to hear appeal against the decision of the authority. Section 16 makes an exception where difference in remuneration of men and women workers in any establishment is based on factors other than sex.


1) C a n the ernployer reduce the rate of remuneration of any workers for the purpose of complying with the provisions of the Equal Remuneration Act, 1976?

2 ) Can the enlployer discriminate women when recruiting workers? ...........................................................................................................................................

........................................................................................................................ ..,.

4.7 LET US SUM UP From the above study, you may draw several conclusions. The legislation concerni~g minimum wages and bonus seeks to assure minimum standards of living for the workers covered therein. However its coverage is very limited. Again the payment of wages seeks to ensure payment of wages at regular interval without any unauthorised deduction. But again the scope and coverage of the Act is narrow. However the Equal Remuneration Act which seeks to ensure equal pay for equal work is wider in its scope and coverage.

4.8 ANSWERS TO CHECK YOUR PROGRESS Check Your Progress 1 1) Minimum, Living 2) Minimum Wages Act, 1948


1) Manager 2) No 3) Yes, provided there is a writtkn authorisation of the employed person


1) At an interval not exceeding 5 years 2) No

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Wage

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and

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I Salary Administration

3) Yes, provided there is a custom. 4) Yes

Human Resource Management c h i c k Your Progress 4

1) Yes, 8.33% of wages d&ng the accounting y e q 2) Yes, 20% of the salary or wages in the accounting year. 3) Yes

Check Your Progress 5 1) No 2) No, unless prohibited under law

4.9 FURTHER READING Srivastava, ' S.C. (1997), Commentaries and Payment of Bonus Act, 1965, Universal Book Co.: New Delhi.

Unit4

Documents

Transcript of Unit4