Umakanthan53
Labour Law & Hr Consultant

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Please let me know the below points and is there was orders for that please share :
1. HRA is admissible for employees under working minimum wages act 1948. If yes kindly share the orders please
2. Any paid weekly off for employees under working minimum wages act 1948. If yes kindly share the orders please
3. Any Leave applicable for employees under working minimum wages act 1948. If yes kindly share the orders please
4. No of working days for preparation of salary (eg. 30/31 or 26) for employees under working minimum wages act 1948. If yes kindly share the orders please
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My dear friend,
The framing of your entire queries gives me the impression that you have the preconceived notion that the employees coming under the purview of the Minimum Wages Act,1948 are a separate class of workmen irrespective of the establishments where they are employed and as such they are governed by separate/special service conditions pertaining to matters of weekly off, leave, certain type of allowances in addition to the Statutory minimum wages and the like.
Sorry, it is not so. The objective of the Minimum Wages Act,1948 is to ensure the payment of statutory minimum wages to the employees employed in the scheduled employments and the over time wages at the rates based on the Statutory minimum rates of wages.
Therefore, weekly off, leave, HRA etc of such employees should be strictly as per the provisions of the establishment-specific labor law applicable to their establishment only.
worker" as per Factories Act, means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not], in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process. It does not differentiate workmen under minimum wages act or any other category.
Minimum wages act (as per the state government notification) prescribes minimum wages and Dearness Allowance payable to the notified Factory, and also working days.
An employer includes certain allowance in the remuneration of the employee termed as House Rent Allowance or HRA. This allowance is used by the employee to meet the rental expenses for his/ her accommodation. here are several procedures in place to check if the employee is actually staying on a rented apartment not owned by him. The exemption of HRA will be the minimum of the below 3 options:
• Actual house rent allowance received from the employer
• Actual house rent paid – 10% of the basic salary
• IF one lives in a metro, then 50% of basic salary
Else 40% of the basic salary
Paid leave or leave applicable is as per the Factories Act / or Shops and Establishment Act, whichever is applicable.
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