From "nks_king" : Is it possible that the basic salary is less than minimum wages?
5th October 2009 From India, Delhi
What sort of question is it??? Please clarify.....wages generally means something you pay to the workers......and whose basic you are talking about???
Your question is slightely confusing......
5th October 2009 From United Arab Emirates, Dubai
dineshmulay 7
Hi, I would like to share with you the attached file, which will help you little. I have got it from this site only few days back. Please go thru, Thanks, Dinesh
6th October 2009 From India, Pune
Attached Files
File Type: pdf supreme court judgment on min wages (AIRFREIGHT).pdf (1.29 MB, 2316 views)
nks_king 1
Is it mean total of Basic Salary & DA should be equal to the Minimum Wages? And Employer must pay EPF for employee on Minimum Wages.
6th October 2009 From India, Delhi
azing_00 4
The recent judgment on Airfreight states that for the definition of wages, it should refer Section 2 (h)

As per the Minimum Wages Act 1942, the wages is defined as followed under Section 2 (h)

"wages" means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment 1[and includes house rent allowance], but does not include-

the value of
any house accommodation, supply of light, water, medical attendance, or

any other amenity or any service excluded by general or special order of the appropriate Government;

any contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of social insurance;

any travelling allowance or the value of any travelling concession;

any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or

any gratuity payable on discharge;

this means that HRA will very well form a part of wages as per Minimum wages act.

Please comment.
7th October 2009 From India, Pune
hope all of you will help me, below is thr scenario i have post the same long back but no one help me

* we are using around 700 contractual worker for our manufacturing process every month. Before may 2009 eveyone is getting paid for same rate but from may 09 onwars we seprate them in skilled & unskilled catagery and also we revised there wages, allownces & add some scheme to attract them.

And now from after revision in d.a aug 09 below is structure

Unskilled worker - Gross 4206.75 Daily wages 161.80

Skilled worker - Gross 5106 Daily wages 196.41

both have Basic 1200.00 & Da 1106.75

now problem is that when we pay ot on =(basic+da)/26/8*2 both will receive 22.18 rs for one hours

1. if Unskilled worker done ot for 8 hours he will get 8*22.18 = 177.44 which is higher than his daily wages which is 161.80. he will get 15.64 rs extra. in a month this catagery is having more than 3000 hours ot

2. if skilled worker done ot for 8 hours he will get 8*22.18 = 177.44 which is less than his daily wages which is 196.41. he will get 18.77 rs less. in a month this catagery is having more than 3000 hours ot

now problem is that i want to adjust basic, da & other allowance so he will get paid for OT as per his gross salary

my quetion is that

1. can i make basic less than da, if yes what is legal point (da will increase after certain period)

2. should i combine basic and da amount

3. can i pay ot on gross (but it will be one time only)

4. or is there any way out

i hope you undestand my problem; if you want some more information pl reply. i want to give this to our management within two days. i tried to put as much as possible, please help me out

Best Regards,

Sachin Gaikwad
7th October 2009 From India, Mumbai
vltreddy999 7
Dear friends, The basic salery can be below the minimum wage but the total wges i basic +hra+conveyence etc total together shoulb meet the minimum wages as per the minimum wages act with ap rules
7th October 2009 From India
Ajay Shukla 4
Dear Sir, Can u send me the any GO in this regard as I heard that MW is the composition of Basic + DA Ajay Shukla 09839066035
7th October 2009 From India, Calcutta
Purabi Nayak
whatever might be the case, always monthly gross should be same or higher for skilled or unskilled workers as per the minimum wages act as per the state rules.
Purabi Nayak
9th October 2009 From India, Bhubaneswar
If someone’s gross salary is Rs. 5000/- per month, can his basic salary be Rs. 2000/-. Is this in compliance of Minimum Wage Act?
5th November 2009 From India, Pune
Discuss problems openly with your peers around the world (OVER 3 MILLION MEMBERS) without company/personal specifics. Access to years of such problem discussion data and business material is at your finger tips. All resources created by our members are available to everyone at no cost. Register at CITE.CO

Disclaimer: This network and the advice provided in good faith by our members only facilitates as a direction towards the actions necessary. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.

About Us - Advertise - Contact Us - RSS   On Google+  
Privacy Policy | Disclaimer | Terms Of Service
Facebook Page | Follow Us On Twitter | Linkedin Network