Labour Law & Hr Consultant
Sr.manager - Hr&admin
Satya Pratap Detha
Manager - Hr
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Statutory minimum wages are fixed and the Minimum Wages Act,1948 is administered by the Central and State Governments in respect of scheduled employments respectively earmarked for each as per the definition of the term " appropriate Government " under the Act. Therefore, from the perspective of application, basically, statutory minimum wages are always location-specific. In other words, the actual place of work of employees decides jurisdiction and not the place of authority of recruitment and control of their employment. In this back drop, the application of the provisions of the MW Act,1948 to the employees of a Company having its registered office in one state and branches in different states would be according to the norms prescribed by the respective State only where the employees actually work. Here, one should not be carried away by the intricacies of the meanings of terminology such as " deputation" or "transfer". What to be seen is where the actual employment continues substantially.
In reply to post from VargheseMathew, the salary in this case is above minimum wages, however as per agreement with workers, DA increase as per minimum wages has to be affected for all the workers as an when the notification is released. thus we wanted to confirm which minimum wages notification to be followed in case of Chennai branch employees.