Korgaonkar K A
Srinath Sai Ram
Venkata Vamsi Krishna Patnaik
Hr At Chennai Tn
17th April 2018 From India, Bangalore
Though the service of part time employees are protected under the ID Act, Minimum Wages Act 1948 does not distinguish between full time and time time employment.
Fixing of minimum wage rates under the Minimum Wages Act 1948 is done on the basis of time work or piece work. Minimum rates of wages may be fixed on the basis of wage period namely, hourly, daily, monthly or such other larger wage-period as may be prescribed. However, I have not come across or heard that rates of wages are fixed on the basis of hour, in any state in India.
The provision as per section 15 of the Minimum Wages Act 1948 which is dealing with wages of worker who works for less than normal working day will not be applicable to part timer according to my view.
However the industry practise is, when you employ a person on part time you pay him on pro-rata basis.
Recently in Maharashtra Shops and Establishment Act 2017, part time employment is distinguished or recognised. It has prescribed that the wages payable to a part time worker shall be computed by dividing the per day rate of minimum wages applicable to that schedule employment by 8 hours with 15% rise in it or by dividing the prevailing rate of per day wages fixed for permanent workers doing similar nature of work in that establishment by 8 hours with 15% rise in it, whichever is higher.
It has also now been prescribed that no part time worker shall be allowed to work overtime under any circumstances. These conditions appear to be aimed to prevent misuse of the engagement of part time workers.
17th April 2018 From India, Mumbai
17th April 2018 From India, New Delhi
I am not interested in increasing entries on this site unnecessary.
The current topic is on minimum wage rates to part timers and your query is on Maharashtra S&E Act 2017.
Same query you asked me in some other thread wherein I replied also. Kindly go through below given link to find my reply:
20th April 2018 From India, Mumbai
Is there any GOVERNMENT rule which states how the Minimum Wages should be distributed in a salary structure - since this affects PF & GRATUITY.
Like, is it mandatory to put Whole of Minimum Wages amount in "BASIC + DA" for all states ??
Please support by giving clarity.
12th July 2018 From India, New Delhi