Minimum wages act, 1948 section content 1 short title, extent and application 2 interpretation 3 fixing of minimum rates of wages 4 minimum rate of wages 5 procedure for fixing and revising minimum wages 6 7 advisory board 8 central advisory board 9 composition of committees, etc. In this act, unless there is anything repugnant in the subject. The constitutional validity of the minimum wages act,1948. Nov 20, 2017 fixation of minimum wages section 31a. Minimum wages act, 1948 11 of 1948 an act to provide for fixing minimum rates of wages in certain employments. 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 the indian constitution has defined a living wage that is the level of income for a worker which will ensure a basic standard of living including good health, dignity, comfort, education and provide for any contingency. Important features of the minimum wages act 1948 an act to provide for fixing minimum rates of wages in certain employments. India introduced the minimum wages act in 1948, giving both the central government and state government jurisdiction in fixing wages. The minimum wages at, 1948 seeks to protect the interest of the workers in the sweated industries.
Whereas it is expedient to provide for fixing minimum rates of wages in certain employments. Fixation and procedure under minimum wages act, 1948. Implementation of the minimum wages act, 1948 case. The minimum wages act has been enacted by the parliament of india to ensure that workers are assured of a minimum wage for their work in certain. Payment of wages below the minimum wage rate amounts to. Important features of the minimum wages act 1948 blogger. Minimum wages act 1948 schedule i citation 3255 bare act. Whether the employer is paying wages to the worker as per the prescribed minimum wages. Wage fixing authorities have been guided by the norms prescribed by the fair wage committee in the settlement of issues relating to wage fixation in organised industries. In a labour surplus economy like india wages couldnt be left to be determined entirely by forces of demand and supply as it would lead to the fixation of wages at a very low level resulting in exploitation of less privileged class. The employment is those which are included in the schedule and are referred to as scheduled employments. Thus in a bid to bring unilateral convergence in the regulatory regime of the labour market, the wage code bill was introduced in 2017.
The words except the state of jammu and kashmir omitted by act 51 of 1970, s. The act applied to certain employments listed in the schedule. Jun 23, 2015 minimum wages act 1848, fully explained. Fixing of minimum rates of wages the appropriate government shall, in the manner hereinafter provided, a fix the minimum rates of wages payable to employees employed in an employment specified in b the appropriate government may, in respect of employees employed in an employment specified in. Whom the act affects a the act applies to persons engaged on scheduled employments on specified class of work in respect of which minimum wages have been fixed. The main object of the act is to prevent exploitation of workers and to determine minimum wages. Master form in respect of the factories act, 1948 payment of wages act, 1936, minimum wages act, 1948 maternity benefit act, 1961, workmens compensation act, 1923 and industrial employment standing orders act, 1946 as applicable to registered factories covered under the factories act, 1948. An act to provide for fixing minimum rates of wages in certain employments. Procedure for inspection of the minimum wages act 1948. Minimum wagesfair wages living wageslabour law llbjudiciary. To ensure that the employee can have the basic physical needs, good health and a level of comfort. To ensure a secure and adequate living wage for all laborers in the interest of the public. Minimum wages act, 1948 bare acts law library advocatekhoj.
The appropriate government may add any employment to the list if there are workers are working in that state. Minimum wages act 1948 objectives, components, case laws. The constitutional validity of the minimum wages act, 1948. The minimum wages act, 1948 show all sections section 1. For fixing minimum rates of wages in certain employments.
Short title and extent 1 this act may be called the minimum. Employment in residential hotel, restaurant or eating house as defined in the bombay shops and establishments act, 1948 bombay act 79 of 1948. Advertisement autoplay when autoplay is enabled, a. Minimum wages act 1948, is the national minimum wage act for india. In the act, the jurisdictions of central and state governments have been clearly demarcated. March, 1948 an act to provide for fixing minimum rates of wages in certain employmentswhereas it is expedient to provide for fixing minimum rates of wages in certain employments. The minimum wages act 1948, was to secure the welfare of organised workers in certain industries by fixing the minimum rates of wages. It extends to the whole of india and applies to scheduled employments in respect of which minimum rates of wages have been fixed under this act. Act, 1946 y the industrial disputes act, 1947downsizing, retrenchment, layoff, bench employees and termination y industrial discipline and domestic inquiry module 4 law of industrial relations y the minimum wages act, 1948 y the payment of wages act, 1936 y the equal remuneration act, 1976 y the payment of bonus act, 1965 module 5.
Committees and subcommittees shall be appointed by the appropriate government as it deems fit. Minimum wages act 1948 the minimum wages act, 1948 in india is a welfare act applicable to the workers in the unorganised sector who lack the collective bargaining and are likely to be exploited. Pdf a brief legal history of the minimum wages act 1948 and its. The minimum wages act 1948 is a legislative labor law that stipulates wages for both skilled and unskilled laborers in india. An act to provide for fixing minimum rates of wages in certain. The act provides for fixing minimum rates of wages and applies to every person who is employed or hire or reward to do any work skilled or unskilled, manual or. Checklist for inspection under minimum wages act, 1948 1. Minimum wages act 1948 schedule i citation 3255 bare. Committee method under this method, committees and subcommittees are set up by the appropriate governments to hold enquiries and make recommendations with regard to fixation and revision of minimum wages, as the case may be.
Advisory committees and subcommittees repealed by the minimum wages amendment act 1957 7. Procedure for fixing and revising minimum wages section 5 in fixing minimum rates of wages in respect of any scheduled employment for the first time or in revising minimum rates of wages, the appropriate government can follow either of the two methods described below. It was enacted in the year 1948 and hence called minimum wages act 1948. The minimum wages act, 1948, is an act to provide for fixing minimum rates of wages in certain employments. Form i see rule 22 abstracts of the minimum wages act. Full text containing the act, minimum wages act, 1948, with all the sections, schedules, short title, enactment date, and footnotes. Aug 01, 2019 minimum wages act, 1948 is a welfare legislation.
Download colourful, nice pdf for minimum wages act 2 it extends to the whole of india. Form i see rule 22 abstracts of the minimum wages act 1948, and the rules made thereunder 1. Implementation of the minimum wages act, 1948 case study of. Both the governments central and state have to declare minimum wages for their sphere. The minimum wages act, 1948, indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. Annual return master form in respect of the factories act. Notice containing minimum rates of wages in hindi and in local language. The purpose of the act is to provide that no employer shall pay to workers in certain categories of employments wages at a rate less than the minimum wage prescribed by notification under the act. Section 31a of the minimum wages act, 1948, required minimum wages to be fixed before the 31st december, 1954. The following paragraphs describe the main features of the law and practice of fixing minimum wages in india. Object, constitutional validity and salient features of. Nov 24, 2017 the constitutional validity of the minimum wages act, 1948.
Rules regulations notifications orders circulars statutory ordinance statutes. Introduction to minimum wages act 1948 video1 for cs. The proposed bill seeks to merge 4 acts, namely payment of wages act of 1936, the minimum wages act of 1949, the payment of bonus act of 1965, and the equal remuneration act of 1976. The minimum wages act 1948, was to secure the welfare of unorganised workers in certain industries by fixing the minimum rates of wages. The act provides for fixing minimum rates of wages and applies to every person who is employed or hire or reward to do any work skilled or unskilled, manual or clerical in an employment specified in the schedule and in respect of which minimum rates of. Pdf this report aims to provide a guide to track the development in the minimum wages act since the independence of india. The minimum wages act, 1948 indian judiciary notes. The term minimum wage has not been defined in the said act minimum wages act, 1948 the minimum wage is the lowest wage in the scale below which the efficiency of a worker is likely to be inspired. Checklist for inspection under minimum wages act, 1948. Download the full and updated pdf for minimum wages act, 1948 after you download the pdf from here it will be saved. Abstract of the minimum wages act, and the rules made there under i.
Our country is facing the problem of unemployment and this lead to work on wages which are even not able to fulfil the basic needs of workers and their family. The act contemplates that minimum wages rates must ensure for him not only his subsistence and that of his family but also preserve his efficiency as a workman. If workers are doing overtime work then should paid at the double of. Minimum wage means all remuneration in cash includes hra. The constitutional validity of the minimum wages act, 1948, need and necessity, case laws and validity. It is an act to provide for fixing minimum rates of wages in certain employments. Keeping this in view, the government of india enacted the minimum wages act, 1948. Section 3 lays down that the government shall fix the minimum rates of wages which is payable to employees in the course of employment specified in part i and part ii of the schedule, and in an employment added to either part by notification under section 27. The equal remuneration act, 1976 the factories act, 1948. The updating and uploading of rules, regulations, notifications, etc. The minimum wages act, 1948 1 11 of 1948 15th march, 1948 an act to provide for fixing minimum rates of wages in certain employments. Executive development programme in labour laws for. Xi of 1948 15 march 1948 an act to provide for fixing minimum rates of wages in certain employments whereas it is expedient to provide for fixing minimum rates of wages in certain employments. An underdeveloped country like india faces the problem of unemployment in a very large scale.
Updating and uploading of all central acts available on this web page is the proprietary of the legislative department in the ministry of law and justice. Minimum wages act 1948 international labour organization. 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. Payment of wages below the minimum wage rate amounts to forced labour. Download the full and updated pdf for minimum wages act, 1948 after you download the pdf from here it will be saved to your phone or computer and you can read it offline. Apart from the minimum wages act, 1948, the other relevant acts that have a bearing in influencing the wage level well as the structure of as. Object and scope of the act the main aim of the enactment is to make provisions for statutory fixation of minimum rates of wages in scheduled employment wherein labour is not organised and sweated labour is most prevalent.
583 56 1093 1246 417 988 177 1491 312 547 719 788 384 1076 1174 621 1036 482 1233 1560 131 818 1494 1311 1412 948 1109 636 91 122 766 950 543