Applicability Of Min Wages Act - Shop And Establishment
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Applicability Of Min Wages Act - Shop And Establishment

puneet27 Started The Discussion:

Can anyone confirm me pls whether Min Wages act is applicable to companies in Broking and financial Services???

Madhu.T.K - Member Since: Sep 2007
If your firm is covered by the Shops and Establishments Act, then minimum wages applicable to shops and commercial establishments will be applicable to your employees also. In fact, Minimum wages is meant for employees in the 'scheduled employment' and the state government being the enforcement authority, different states have different scheduled employment. The minimum wages applicable shall also differ whereas, if there is no mention about any particular employment in the schedule of employment (say, if broking service is not in the schedule of employment) then the least of the minimum wages ahll be paid to the employees of such industry. That is to say, no industry has any right to exist unless it pays at least the bare minimum wages to its workers as was observed by the Supreme Court of India in Crown Aluminium Company's case. Regards, Madhu.T.K

puneet27 - Member Since: Sep 2009
Can u also confirm me whether if we are not covered under Min Wages Act, are we under compulsion to maintain records and registers and any other documents or return as per the Min Wages Act.?????

R.N.Khola - Member Since: Feb 2009
Dear When you are not covered under this Act then you are not supposed to maintain records & registers under this Act or to send any return under this Act. Regards, R.N.Khola Sr. Associate Skylark Associates, Gurgaon (Haryana) (Labour Law & Legal Consultants) 311, AKD Tower, Sector 14, Gurgaon 09810405361

shraddha85shukla - Member Since: Feb 2009
Quote:
Originally Posted by R.N.Khola View Post
Dear When you are not covered under this Act then you are not supposed to maintain records & registers under this Act or to send any return under this Act. Regards, R.N.Khola Sr. Associate Skylark Associates, Gurgaon (Haryana) (Labour Law & Legal Consultants) 311, AKD Tower, Sector 14, Gurgaon 09810405361
dear Sir,
our is a public ltd company engaged in education industry, we hav not paid salary to a faculty for 1 month. he has filed complaint under labour commisioner under minimum wages act and shop an destablishment act. are we covered under same what objection should we raise? can he do so?

shraddha85shukla - Member Since: Feb 2009
plj reply its very urgent as we are having a hearing in a day or two. also our management says that in previous months i.e. june'10 to amarch'11 he was late for 120 days but has drawn salary for full days so it must be recovered and we r not liable to pay anything. can we raise this issue. s it maintainable?

R.N.Khola - Member Since: Feb 2009
Dear Member,

In my opinion teacher is not covered under the definition of the employee under the Minimum wages Act, 1948 & thus even if your industry/ institution is covered under this Act then also he is not entilted to get any relief under this Act. As far as the Shops & Establishment Act is concerned this is a state Act & thus you have to see which State Shops & Establishment is applicable in your case & thereafter go through the definition of the shop, establishment & employee to see whether this person is in a position to file his complaint under this Act or not.

R.N.KHOLA
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants) (M) 09810405361
www.skylarkassociates.com/


Quote:
Originally Posted by shraddha85shukla View Post
dear Sir,
our is a public ltd company engaged in education industry, we hav not paid salary to a faculty for 1 month. he has filed complaint under labour commisioner under minimum wages act and shop an destablishment act. are we covered under same what objection should we raise? can he do so?

R.N.Khola - Member Since: Feb 2009
Dear Member,


This person has not drawn salary while this is the management who have given his salary without taking any action & deducting his salary for his late coming. You should have taken action according to the Rules applicable to his class of employees at the appropriate point of time.

R.N.KHOLA
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants) (M) 09810405361
www.skylarkassociates.com/

Quote:
Originally Posted by shraddha85shukla View Post
plj reply its very urgent as we are having a hearing in a day or two. also our management says that in previous months i.e. june'10 to amarch'11 he was late for 120 days but has drawn salary for full days so it must be recovered and we r not liable to pay anything. can we raise this issue. s it maintainable?

kkadvocate - Member Since: Apr 2010
Dear as per me all the worker/employees comes under the perview of minimum wages, hence it is mendatory to pay minimum wages as per his state rules kuldeep sharma

kkadvocate - Member Since: Apr 2010
Dear is any one have the p.f.withdrawl form i.e. 19&10c in excell format or form 20 and10-d, requested to provide me i will be thankfull. Thanks kuldeep sharma



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