SOHAIL & CO.: The Payment Of Wages Act, 1936
Applicability of the Act
- Factory
- Industrial Establishment
- Tramway service or motor transport service engaged in carrying passengers or goods or both by road for hire or reward
- Air transport service
- Dock, Wharf or Jetty
- Inland vessel, mechanically propelled
- Mine, quarry or oil-field
- Plantation
- Workshop or other establishment etc.
Coverage of Employees
Drawing average wage upto Rs 24000 per month.
Fines as prescribed by
- Not to be imposed unless the employer is given an opportunity to show cause
- To record in the register
Sec.8
Deduction for services rendered
When accommodation amenity or service has been accepted by the employer
Sec.11
Object of the Act
To regulate the payment of wages of certain classes of employed persons.
Time of payment of wages
The wages of every person employed be paid
- When less than 1000 persons are employed, shall be paid before the expiry of the 7ltl day of the following month.
- When more than 1000 workers, before the expiry of the 10th day of the following month.
Sec.5
Deduction made from wages
Deductions such as, fine, deduction for amenities and services supplied by the employer, advances paid, over payment of wages, loan, granted for house-building or other purposes, income tax payable, in pursuance of the order of the Court, PF contributions, cooperative societies, premium for Life Insurance, contribution to any fund constituted by employer or a trade union, recovery of fosses, ESI contributions etc.
Sec.7
Deduction for damages or loss
- For default or negligence of an employee resulting into loss.
- Show cause notice has to be given to the employee.
Sec.10
Wages to be paid in current coins or currency notes
- All wages shall be paid in current coin or currency notes or by cheque or by crediting the wages in the bank account of the employees.
- Provided that the appropriate Government may, by notification in the official Gazette, specify the industrial or other establishment, the employer of which shall pay to every person employed in such industrial or other establishment, the wages only by cheque or by crediting the wages in his Bank account.
Sec.6
Deduction for absence from duties for unauthorized absence
Absence for whole or any part of the day-
- If ten or more persons absent without reasonable cause, deduction of wages upto 8 days
Sec.9
PENALTIES
On contravention of S. 5 (except sub-sec.4), S 7, S.8 (except sub-sec.8), S.9, S.10 (except sub-sec. 2) and Sees. 11 to 13 | Fine not less than Rs. 1000 which may extend to Rs.5000. On subsequent conviction fine not less than Rs.5000, may extend to Rs.10,000, On contravention of S.4, S 5(4), S,6, S.8(8), S.10{2) or S.25 fine not less than Rs.1000-may extend to Rs.5000. On subsequent conviction fine not less than Rs.5000-may extend to Rs. 10,000. |
|
|
|
Fine not less than Rs.1000 extendable upto Rs.5000 - On subsequent conviction fine not less than Rs 5000 - may extend to Rs.10,000 |
|
|