The Code on Wages, 2019 introduced by the Ministry of Labour and Employment seeks to consolidate laws relating to wages and bonus payments. It aims to regulate wage and bonus payments across all employments in India. Key aspects include fixing a national floor wage, revising minimum wages every 5 years based on skill and work difficulty, requiring overtime pay of twice normal wages, and ensuring an annual bonus of at least 8.33% of wages or Rs. 100.
The Code on Wages, 2019 introduced by the Ministry of Labour and Employment seeks to consolidate laws relating to wages and bonus payments. It aims to regulate wage and bonus payments across all employments in India. Key aspects include fixing a national floor wage, revising minimum wages every 5 years based on skill and work difficulty, requiring overtime pay of twice normal wages, and ensuring an annual bonus of at least 8.33% of wages or Rs. 100.
The Code on Wages, 2019 introduced by the Ministry of Labour and Employment seeks to consolidate laws relating to wages and bonus payments. It aims to regulate wage and bonus payments across all employments in India. Key aspects include fixing a national floor wage, revising minimum wages every 5 years based on skill and work difficulty, requiring overtime pay of twice normal wages, and ensuring an annual bonus of at least 8.33% of wages or Rs. 100.
The Code on Wages, 2019 introduced by the Ministry of Labour and Employment seeks to consolidate laws relating to wages and bonus payments. It aims to regulate wage and bonus payments across all employments in India. Key aspects include fixing a national floor wage, revising minimum wages every 5 years based on skill and work difficulty, requiring overtime pay of twice normal wages, and ensuring an annual bonus of at least 8.33% of wages or Rs. 100.
The Ministry of Labour and Employment introduced the
code on wages bill, 2019 in Lok Sabha to amend and
consolidate the laws relating to wages and bonus and matters connected therewith. The Code on Wages ,2019 seeks to regulate wage and bonus payments in all employments where any industry, trade, business, or manufacture is carried out. The central government will make wage-related decisions for employments such as railways, mines, and oil fields. State governments will make decisions for all other employments. Wages include salary, allowance, or any other component expressed in monetary terms. This does not include bonus payable to employees or any travelling allowance, among others. According to the Code, the central government will fix a floor wage, taking into account living standards of workers. Different floor wages for different geographical areas. The minimum wages decided by the central or state governments must be higher than the floor wage. In case the existing minimum wages fixed by the central or state governments are higher than the floor wage, they cannot reduce the minimum wages. The Code prohibits employers from paying wages less than the minimum wages. The minimum wages will be revised and reviewed by the central or state governments at an interval of not more than five years. While fixing minimum wages, the central or state governments may take into account factors such as: (i) skill of workers, and (ii) difficulty of work. The central or state government may fix the number of hours that constitute a normal working day.
In case employees work in excess of a normal working
day, they will be entitled to overtime wage, which must be at least twice the normal rate of wages. Wages will be paid in (i) coins, (ii) currency notes, (iii) by cheque, (iv) by crediting to the bank account, or (v) through electronic mode.
The wage period will be fixed by the employer as either:
(i) daily, (ii) weekly, (iii) fortnightly, or (iv) monthly. Under the Code, an employee’s wages may be deducted on certain grounds including: (i) Fines, (ii) Absence from duty, (iii) accommodation given by the employer, or (iv) Recovery of advances given to the employee, among others. Deductions not to exceed 50% of the employee’s total wage. All employees whose wages do not exceed a specific monthly amount, notified by the central or state government, will be entitled to an annual bonus. The bonus will be at least: (i) 8.33% of his wages, or (ii) Rs 100, whichever is higher. In addition, the employer will distribute a part of the gross profits amongst the employees. An employee can receive a maximum bonus of 20% of his annual wages. The Code prohibits gender discrimination in matters related to wages and recruitment of employees for the same work or work of similar nature. The Code specifies penalties for offences committed by an employer, such as (i) paying less than the due wages, or (ii) for contravening any provision of the Code. Penalties vary depending on the nature of offence, with the maximum penalty being imprisonment for three months along with a fine of up to one lakhs rupees. At present, many of the states have multiple minimum wages. Through Code on Wages, the methodology to fix the minimum wages has been simplified and rationalized by doing away with type of employment as one of the criteria for fixation of minimum wage.
Many changes have been introduced in the inspection
regimes including web based randomised computerised inspection scheme, composition of fines etc will be conducive for enforcement of labour laws with transparency and accountability. Act would ensure "Right to Sustenance" for every worker and intends to increase the legislative protection of minimum wage from existing about 40% to 100% workforce.
This will prove to be a milestone and give respectable
life to 50 crore unorganized sector workers who will get minimum wage thereby increasing the purchasing power of the worker thereby giving fillip to growth in the economy as well as quality of life Multiplicity of minimum wage rates to be fixed on the basis of skill, arduousness and hazardousness of work, geographical regions and other norms as may be prescribed by the governments is confusing .
There should be a single statutory minimum wage
applicable to all sectors of workers and regional differences can be taken care of by adjusting the cost of living allowance. This will make it simple. Bill defines 'worker' and 'employee' differently
A common and comprehensive definition of
employee/worker is required to avoid discrimination between employees and workers for the purpose of minimum wages.