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Thread Started by #supriya_123

Hi Seniors,
This Supriya, I am working in a IT company, I have a small query, according to Payment of Wages Act every concern has to pay salary latest by 10th. We are paid salary every month by 15th.
I referred to the Payment of wages act and informed my Sr.Manager that we should pay the salaries atleast by 10th of every month. He asked me a counter question that it is for payment of wages and for Salary.
I am confused. Does a salaried person is not included in Payment of wage act?
Can a company pay salary at its will??
Please Help Me...
In hopes of getting help soon
Thanks & Regards
Supriya
13th June 2011 From India, Mumbai
Hi Supriya,
As per Payment Wages Act, it will differ from company Standing order, some company will pay cut off dates. some company will pay 1st of eveymonth.
As per Payment of Wages Act:
Less than 1000 Employees: Everymonth 7th.
More than 1000 Employees: Everymonth 10th
If you have any quires, revert back to below mail id:anjanram81@gmail.com
Best Regards,
Anjan
HR
13th June 2011 From India
Dear Ms.Supriya

To claime the benefit of the Payment of Wages Act regarding the time of payment of wages firstly your company should come within the ambit of the applicability clause of section 1(4) or section 1(5) of the Payment of Wages Act. Assuming that your company comes within the ambit of the sections referred above, your wage/salary per month cannot exceed Rs.10000/- If both these conditions are satisfied then you can claim that your salary should be within the time frame prescribed under the Payment of Wages Act. Otherwise, if the shops and establishments Act in your State is applicable to your company then that Act may contain a provision regarding the time of payment of wages. If the Shops and Establishments Act is not applicable to your company then you can look into the certified standing orders applicable to your company. If certified standing orders are not applicable then please check whether the appointment order contains a provision relating to the time of payment of wages/salary. Even if the appointment order is silent on this point, then nothing can be done.
13th June 2011 From India, Madras
Thank you for your information Mr. Harikrishnan.
For workmen I can tell the reply given by Anjan, but for the Staff, as a matter of fact I do not have any reply. By seeing your post, Now I can explain to anyone.
Thanks for your timely guidance.
Keep on sharing your experience and knowledge to our forum members Mr. Harikrishnan.
13th June 2011 From India, Kumbakonam
hello Supriya,
it differ from company to company.....Most of the automotive companies like honda, maruti pay salary to their employee by 19th or 28th...
and even some companies pay 1st of every month.
With regards,
13th June 2011 From India, Pune
Ms. Supriya,

The following details are self-explanatory

3*[(vi)
"wages" means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms 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, and includes


(a)
any remuneration payable under any award or settlement between the parties or order of a Court;
(b)
any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;
(c)
any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);
(d)
any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, with or without deductions, but does not provide for the time within which the payment is to be made;
(e)
any sum to which the person employed is entitled under any scheme framed under any law for the time being in force; but does not include





(1)
any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a Court;



-----------------------------------------------------------------------------------------------------------



(1)
Ins. by Act 53 of 1964, s. 3 (w.e.f. 1-2-1965).

(2)
Subs. by s. 3, ibid., for cl. (iii) (w.e.f. 1-2-1965).

(3)
Subs. by Act 68 of 1957, s. 3, for cl. (vi) (w.e.f. 1-4-1958).



-----------------------------------------------------------------------------------------------------------



(2)
the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the State Government;

(3)
any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;


(4)
any travelling allowance or the value of any travelling concession;

(5)
any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or


(6)
any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d).]


Responsibility for payment of wages



3-
Every employer shall be responsible for the payment to persons employed by him of all wages required to be paid under this Act: Provided that, in the case of persons employed (otherwise than by a contractor)


(a)
in factories, if a person has been named as the manager of the factory under 1*[clause (f) of sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948)],
2*[(b)
in industrial or other establishments, if there is a person responsible to the employer for the supervision and control of the industrial or other establishments;]
(c)
upon railways (otherwise than in factories), if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned; the person so named, the person so responsible to the employer, or the person so nominated, as the case may be, 2*[shall also be responsible] for such payment.


4-
Fixation of wage-periods.



(1)
Every person responsible for the payment of wages under section 3 shall fix periods (in this Act referred to as wage-periods) in respect of which such wages shall be payable.

(2)
No wage-period shall exceed one month.



-----------------------------------------------------------------------------------------------------------



(1)
Subs. by Act 68 of 1957, s. 4, for "clause (e) of sub-section (1) of section 9 of the Factories Act, 1934" (w.e.f. 1-4-1958).

(2)
Subs. by Act 38 of 1982, s. 5 (w.e.f. 15-10-1982).

(3)
Subs. by Act 53 of 1964, s. 4, for "shall be responsible" (w.e.f. 1-2-1965).



-----------------------------------------------------------------------------------------------------------


Time of payment of wages



5-
(1)
The wages of every person employed upon or in


(a)
any railway, factory or 1*[industrial or other establishment] upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day,
(b)
any other railway, factory or 1*[industrial or other establishment], shall be paid before the expiry of the tenth day, after the last day of the wage-period in respect of which the wages are payable: 2*[Provided that in the case of persons employed on a dock, wharf or jetty or in a mine, the balance of wages found due on completion of the final tonnage account of the ship or wagons loaded or unloaded, as the case may be, shall be paid before the expiry of the seventh day from the day of such completion.]



(2)
Where the employment of any person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated: 2*[Provided that where the employment of any person in an establishment is terminated due to the closure of the establishment for any reason other than a weekly or other recognised holiday, the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is so terminated.]

(3)
The State Government may, by general or special order, exempt, to such extent and subject to such conditions as may be specified in the order, the person responsible for the payment of wages to persons employed upon any railway (otherwise than in a factory) 3*[or to persons employed as daily-rated workers in the Public Works Department of the Central Government or the State Government] from the operation of this section in respect of the wages of any such persons or class of such persons:

3*[Provided that in the case of persons employed as daily-rated workers as aforesaid, no such order shall be made except in consultation with the Central Government.]

(4)
4*[Save as otherwise provided in sub-section (2), all payments] of wages shall be made on a working day.



Thanks & Regards,

Yogesh Kulkarni
Assistant Manager HR
Krishidhan Seeds Pvt. Ltd.
+ 91 9890845553

14th June 2011 From India, Mumbai
If the employees less than 1000 then salary paid to 7th of every month If the employees more than 1000 then salary paid to 10th of every month
14th June 2011 From India, Delhi
hi Supriya,
there's no need to worry alot about it, generally every company gives wages and salary keeping both company and employees in mind.
they to try to give most probably in first or second week. if some problem occurs then only they delay it. i hope u understand it.
thanking you,
kamal shukla
14th June 2011 From India, Hyderabad
Hi What the Due date of payment of wages under shop and establishment act ? Does that apply for all employees or for lower salary staff
14th June 2011 From India, Mumbai
Dear Saswatabanerjee
Please see section 2(ii)(h) of the Payment of Wages Act. This Act is not made applicable to the shops and establishments straight away. In the case of shops and establishments, the Central or the State Government has to make the Act applicable by way of a notification. As far as my knowledge goes, there is no Central Government notification applying the provisions of the PW Act to shops and establishments. Please check whether the Government of your State had notified the application of the PW Act to shops and establishments. If there is a notification, then the time limit prescribed under the PW Act will apply. In case there is no such notification, please check the Shops and Establishments Act applicable in your State. This might have incorporated the provisions of the PW Act in the Shops and Establishments Act. If there is no such provision in the Shops and Establishments Act of your State, then the presumption is that there is no time limit.
With regards
15th June 2011 From India, Madras
Hi Supriya
The book details pasted by Shri Yogesh Kulkarni may confuse more rather than giving a one liner reply. Mr.V.Harikrishnan, Joint Commissioner of Labour(Retired) has given u the best possible answer in a very simple language. Please correlate the contents as applicable to your establishment.
Thanx
(Rajiv Ranjan)
Sr Admn Manager,
Indian Oil
15th June 2011 From India, Faridabad
yogesh what is the question is been asked and the clarifycation from ur end is good in length wise with no proper information..........
anyway thank you....atleast u could copy from the record..
praveen
HR-VC
microsoft
15th June 2011 From India, Bangalore
Dear Mr Harikrishnan & All
It would be nice to have people like you having good exposure to industries and labour laws to be on this platform to guide and answer queries.
How nice it would be if people in power (In labour offices) help industries to undestand the laws and help them to comply with regulations instead of posing them problems ! (now you are retired and what was your experience when you were in service when employers approached you - please share your experience)
Regards
K.Ramachandra
Bangalore
16th June 2011
Hi All
In the context of termination by employer, I would like to add on the contents of Mr.V Harikrishnan
- If you are in non-officer category, you can approach the Labour Court/Industrial Tribunal designated to decide such cases. However, if you are an officer and not a workman as defined in ID Act, the only remedy is Writ Petition.
Thanx & Regards
(Rajiv Ranjan)
Sr Admn. Manager, Indian Oil, Noida
16th June 2011 From India, Faridabad
Dear Mr.Rajiv Ranjan
A writ can be issued only against the "STATE" meaning thereby a Government or Governmental Authority. In certain cases writs were issued against undertakings owned fully by the Government or under the control of the Government like statutory corporations, banks etc. But definitely a writ cannot be issued against a private employer whether it is a proprietorship or partnership or public limited company or a private limited company. A writ is issued when a Statutory Authority fails to discharge its statutory functions or exercises its statutory function in a wrong way. PRIVATE EMPLOYERS DO NOT DISCHARGE STATUTORY FUNCTIONS AND A WRIT CANNOT BE ISSUED TO THEM MUCH LESS IN A CASE OF DISMISSAL. If an individual who does not come within the ambit of the definition of the term "workman" as defined under the Industrial Disputes Act is dismissed,the only remedy open to him is file a civil suit.
With regards
16th June 2011 From India, Madras
Dear Mr.K.Ramachandra

Thanks for your remarks. In my career, I migrated from private sector to public sector and from there to Government Labour Department. Even in Government service, I had occassion to get deputed to Government of Tamilnadu undertaking to look after the Industrial Relations and Welfare functions. Moreover, the postings I got while in Government service was such that I had good exposure to issues concerning varied industries. Based on my experience I can say that generally speaking employers usually do not take the suggestions of the officials of the Labour Department at face value. The suggestions were always doubted. Moreover, when an official of the Labour Department handles an industrial relations issue, several factors might come into play. Some employers give credence to the views of the Labour Department. Anyhow it is a very difficult task, because in industrial relations issues, both the parties cannot be right and one would be on the wrong side of the law. If the officer openly expresses his views, he is likely to be branded either as anti-labour or as pro-management. However, in restrospect I feel that I had a good time in handling industrial relations issues.

With regards
16th June 2011 From India, Madras
Dear Harishnan sir,
Thank you for sharing your experiences. Yes, as you say, there has to be an open mind from both the employer and department side for compliance of law. Though it is not right to say, I think it is the non-compliance area that gives more knowledge than the compliance area for both the authorities and also the employers !! Because in that process of correcting, so many things are understood and ultimately the line is put straight ! Like the Anna Hazare movement against corruption that is going on, who has to clean the systems - it is we, we have to make up our minds.
Thank you again and we hope to see your valuable inputs for various issues raised on this platform,
Regards
K.Ramachandra
Bangalore
17th June 2011
Hello everybody,
I have recently joined a start up organization working as a Social Enterprise.
Currently they do not have any fixed date for salary. Could someone tell me how do I set up the attendance and salary system ??
Thank you
Dipti
15th July 2011 From India, New Delhi
What if,the salary is being delayed by 30 days or 1 month repetitively and it becomes the habit of the employer just because no one do opposes.
Is that any rule to get salary on time frame?
Or the employer has RIGHT to do so!
Because of late salary it effects employees performance too and that is been notified and it's been commented and it's been not tolerated.
If it's the reaction of getting late salary who'll do adjustment? Who'll bear it?
9th September 2016 From India, Ahmedabad
Dear Mr. V.Harikrishnan
We are manpower service provider to various government establishments, having fleet of more than five thousand personnel.
At times, because of either reason (delayed payments by the departments itself), the salaries are delayed by few days, and the departments after 7th of the month, and deducted penalties to the tune of 8% of the bill value.
Kindly advise, what are the solution available with us for the same
Regards
31st May 2017 From India, Amritsar
Hi All,
I have query about Late paid salary. our few vendors paid late payment to there employee.
Any act applicable to paid late salary interest to employee's?
Please reply quickly
Atul C
12th September 2017 From India,
Reply (Add What You Know) Start New Discussion

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