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Dear All,
I just want to understand if any Company is not following minimum wages act rules then what are the consequences / problems / issues will come in legal terms.
Also we are not able to identify the industry type of our company, which will help us to follow minimum wage rate. We are the manufacturer of Composite flats this technology is new in India we are using German based technology for manufacturing, designing the readymade flats.
Waiting for early reply.
Regards,
Suchita Bangera
Manager - HR & Admin

From India, Pune
Dear Suchita
1)The employee can file an application under Sec.20 of teh Min.Wages Act for recovery of minimum wages. or alternatively
2) he can also file an application under sec.33(C) of the Industrial Disputes Act for recovery or computation of minimum wages.
3) the employer will be liable for penal consequences like sentence or fine or both for failure to pay minimum wages prescribed by the appropraite government.
B.Saikumar
HR & Labour Law advisor
Mumbai
09930532927

From India, Mumbai
Sorry for the delay in reply. Thanks a lot for your valuable inputs...... One more query i have if i will call you on your mobile no. is that fine? Best Regards, Suchita Bangera Manager - HR & Admin
From India, Pune
B.Saikumar
HR & Labour Law advisor
sir,
i am labour superintendent posted in bihar.
i have so many queries about labour law.
plz tell me about your e. mail i d
mine is
regard,
jawaid rahmat

From India, Patna
Dear Ms.Suchita Bangera
In the case of a claim for the payment of the difference between the actual amount paid to the workmen (which is less than the notified minimum wages) and the notified minimum wages, is filed before the Authority under the Minimum Wages Act then that Authority can, in addition to directing the employer to pay the difference between the minimum wages payable and the wages actually paid, and, in addition direct the employer to pay compensation not exceeding ten times the difference between the notified minimum wages paid and the wages actually paid.Please see section 20(3)(i) of the Minimum Wages Act. This compensation could be in addition to any other penalty that could be imposed on the employer.
With regards

From India, Madras
Dear Suchita Bangera,
Above said are correct.
And also respected Labour Commissioner from Labour Department will visit in every year for inspection purpose and to check the records, register under the Act, if they found your organization as faulty then below said will be applicable with your organization;
-> Punishable under the minimum Wages act,
-> Imprisonment up to 6 month,
-> With fine up to Rs.500,
-> And Difference amounts should payable to labour,
Regards,
Seetarama

From India, Hyderabad
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