Applicability of The Minimum Wages Act, 1948 to Part Timers - CiteHR
Korgaonkar K A
Srinath Sai Ram
Hr Manager
Hr At Chennai Tn
+1 Other

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Can anyone kindly clarify whether Part Time Workers in an establishment need to be paid salary as per The Minimum Wages Act, 1948. Or on pro rata basis for the hours worked?
Dear Ramamoorthi,you have not clarified-Designation/Nature of Work Performed by Part Time Employees in your Establishment?
What are the terms & conditions of Appointment? what is the rationale of Appointment of part Time Employees?

Sorry for not providing full information. They are House keeping staff who do not have work for full time. There are two of them and they don't have more than two to three hours of work each day.
Dear Ramamoorthi,
It is always advisable to pay minimum wage as housekeeping activity is a regular process and not seasonal/piece rated.
You need to look into engaging them for full time in other works as well.

Dear Friends,
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.

Dear Ramamoorthi, as per Rule 27 of the Karnataka Minimum Wages Rules, 1957 Scheduled Minimum Wages is applicable for Part Time Employees/Employees engaged on Hourly basis.Accordingly, you have to pay applicable Minimum Wages proportionate to the Hours of work Performed.Further you have to extend all statutory benefits to Part Time Employees Proportionately like PF, ESI, BONUS, LEAVE, Gratuity etc as applicable to Regular workmen
Dear Korgaonkar K ,
Kindly share the Gazette copy of Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2018
framed under the Maharashtra Shops and Establishment Act 2017

Dear Azim ji,
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:

Dear Sir
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.

Dear Anamika, Please refer to Minimum Wages Notifications of respective States.
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