Notes on Minimum Wages Act

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NOTES ON
MINIMUM WAGES ACT
A. Claims

1. Claiming Authority
The appropriate government appoints an authority by making a notification in the official gazette. He can be; a. Labour Commissioner from Central Government
b. Labour Commissioner from State Government
c. Judge of a civil court
d. Stipendiary magistrate
The authority has to hear and decide for any specified area on claims arising out of the payment of less than the minimum rates or on payment of remuneration for days of rest or based on payment of wages during the overtime. 2. Who can approach for a claim?

a. The employee himself
b. Any legal practitioner
c. Any registered trade union
d. Any inspector
e. Any other person acting with the permission of authority appointed by the appropriate government.

3. When to Submit?
a. Every such application shall be presented within 6 months from the date on which the minimum wages became payable. b. Claim can be made even after 6 months if the employee has sufficient cause for not making the application within such period.

4. On entertainment of application.
a. The Authority shall hear the applicant and the employer or give them the opportunity of being heard. b. In case of claims arising out of less than minimum rates of wages, The authority may direct to pay the employee the excess of wage and compensation and must not exceed 10 times the amount of such excess. c. If the payment due to the employee along with compensation does not exceed Rs.10, then authority may direct such payments by the employer before the disposal of the application. d. If the authority hearing is satisfied that the claim is malicious. It may direct to pay a penalty not exceeding Rs. 50 by the person presenting the application.

5. Single application
a. A single application may be presented on behalf or in respect of any number of employees. b. The authority may also deal with any number...
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