9871103011
Private Consultant On Labour Laws
PL Kanthan
Proprietor
+5 Others

Thread Started by #semanti@successpartner.in

Dear Sir/Madam,
Since the Minimum wages has increased,thus there is one employee working at Bangalore location in my company who comes under the bracket of Minimum wages.His earlier appointment letter need to be revised matching to the current Minimum wages.Kindly help me with the letter(Revision in continuation to existing appointment letter) to be shared with the employee for the restructuring of the Salary package as per the effective Minimum wages.
Sneha
28th November 2016 From India, Kolkata
Minimum wages increase quarterly. we don’t give any letter to the employees. We provide salary slips which shows their break Up. Upasana
28th November 2016 From India, Delhi
Ms Sneha,
The minimum wages are increased from time to time based on the cost of living index and are regulated under Minimum Wages Act. The appointment letters are not linked with the minimum wages. The increase in wages/ salaried are automatic phenomenon of the continuance appointment. It is never revised or issued afresh on getting increment or revision in the wages/ salaries. The salary slips are issued with detailed breakup of their earnings.
BS Kalsi,
Member Since August, 2011
28th November 2016 From India, Mumbai
Dear Ms Sneha,
As Mr.Kalsi has brought out, there is no need to give letter/letters as and when Min Wages are revised.
However, in case in the initial appointment letter in case you have mentioned only amount of Wages and not mentioned that it is as per Min Wages, then you may consider clarifying that he is and will be paid min wages.
Even if you do not do so, then no harm done.
Best Wishes,
Col.Rathi
28th November 2016 From India, Delhi
Dear Ms Sneha,
As clarified by other valuable members, when it comes to Minimum Wages, there is no need to give any letter to the employee to that effect particularly, as it is an ongoing process.
However, you may, if need be, issue a common circular indicating the Revised MW and its effective date. This will protect your position.
Pls remain always updated on the MW because it is a statutory matter involving Labour Commissionerate.
Regards
PL Kanthan
28th November 2016 From India, Thane
Dear Ms.Upasna, Just for the matter of record, in Delhi, the wages are revised not quarterly but twice,in April and Oct. Regards, Col.Rathi
29th November 2016 From India, Delhi
Dear All,
Thank you for such valuable feedback.Actually the applicant is deputed at Karnataka location and the compliance request has been arises from our client location.Thus I have issued a letter to him mentioning the revision in salary structure along with the back dated arrear. Can this be shared to the client after getting acceptance from the candidate?
29th November 2016 From India, Kolkata
Respected Col. Rathi,

I quote your postings, which is as under:-

"However, in case in the initial appointment letter in case you have mentioned only amount of Wages and not mentioned that it is as per Min Wages, then you may consider clarifying that he is and will be paid min wages."

Let me make it clear that in the appointment letter, there is no mentioned of minimum wages rather it is only wages or salary at which employee is intially hired.The payment of minimum wages in the scheduled employments is the statutory obligation of the employer. There is no need to mentioned the same in the appointment letter. It is, of course, true that in NCT of Delhi, the rates if minimum wages are revised twice in a year.

Ms Sneha,

As you have mentioned in your postings, I find your action quite in order except

where you have enquired as to whether the information can be shared with the client after getting acceptance from the candidate. In my opinion, there is no need to seek acceptance from the candidate as payment of revised minimum wages is statutory obligation.However, there is no harm in informing him of the revision.

BS Kalsi,

Member Since August, 2011
29th November 2016 From India, Mumbai
Thank you for sharing the information.I got my query satisfied.
30th November 2016 From India, Kolkata
Dear Mr.Kalsi,
Nice to hear from you.
In my organisation, it is mentioned that the employee is to be paid min wages and he /she is in category of unskilled/semiskilled/skilled category.
Reason is that in case of all other employees, the salary is revised as per standing order, every year whereas in there case it gets revised twice a year
However, no harm done if it is not mention as min wages.
Differs from employer to employer.
Also like to mention that in case the employee's place of work is different from HQ and has been deputed on permanent basis to work at say place A then min wages will be applicable for Place A and not as applicable at HQ.
Regards,
Col.Rathi
PS. It is always a pleasure to read your posts
30th November 2016 From India, Delhi
My company is asking for Aadhar Details of my wife & children (as per the advise of the labour consultant). He is saying that this details are required as per government rules. Our's is a private limited company with manufacturing activities, situated in maharashtra. Kindly guide me whether I should share aadhar details of my family.
Regards,
V.K. Nair
30th November 2016 From India, Mumbai
Dear Mr.Nair,
Aadhar details of employee/worker is required to be submitted to EPF office.
Such details of family members are normally not required to be shared with employer. As the co. for what purpose they need this.
Kanthan
1st December 2016 From India, Thane
Just add clause in appointment letter: 'Your wages will be revised as & when the authority revises them from time to time.'
2nd December 2016 From India, Mumbai
Dear Semanti
Your issue is of Deputation of a employee to other than the appointment place.
It is advisable to issue a letter to employee that the increase in wages is to comply with Karnataka Minimum Wages. If he will posted at another location his wages may be inaccordance with the Minimum wages applicable to particular place; even it may decrease. it is more appropriate to add the difference of minimum wages as 'deputation allowance applicable for particular place only' to overcome future problems.
17th February 2019 From India, Ahmadabad
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