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Is D.A compulsory under Tamil Nadu minimum wages Act & rules?..
Labour Inspector advice us that we have to pay D.A to our Employees. We are giving more 15K salary to our all employees. We are giving only Basic + HRA

From India, New Delhi
It is not compulsory. Minimum wages inspector should consider that the gross wages is more than minimum wages or not.
He must be raising these questions to confuse you. Be firm.
You can divide the existing basic into basic + da to avoid future problems.

From India, Chennai
Dear friend
PFA copy of SC judgement In Airfreight Ltd v Stata of Karnataka & ors wherein it has been clearly and categorically mentioned that where the employer is paying gross wages exceeding the minimum wages, he need not pay DA seperately. However, SC in the judgement had mentioned that such wages should be as per Sec 2 (h) of the Minimum Wages Act 1948. Since Sec 2 (h) of the MW Act defines that "wages" includes HRA (copy enclosed), we may pay MW - comprising of Basic, DA and HRA and the remaining as other allowances. In case if you need any further details / documents or help, pl contact us.
Regards
N Nataraajhan, Sakthi Management Services (HP: + 91 94835 17402 ; e-mail: )

From India, Bangalore

Attached Files
File Type: pdf MW - Airfreight - SC -Min wages & HRA.pdf (1.06 MB, 225 views)

If you are paying Basic Wage to your emoloyees more than what the minimum wages are prescribing means ( basic + da) then you are complying with minimum wages act. Even if you are paying all components of wages together is more then minimum wages then you are complying minimum wages, ensure that basic should more than 60% of total wages. Regards, Mahesh
From India, Hyderabad
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