All senior experts share your views with justification, if any on following Points.
Which Minimum Wages Act ( Haryana or Delhi) will be applicable for the employee who has been appointed in a firm registered in Faridabad, Haryana but deputed to work in other company registered in Delhi
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Only place of work decides jurisdiction under Labor Jurisprudence. The creation of the concept of "Appropriate Government" under certain Central labor laws is to ensure simultaneous enforcement of such laws by both the Central and State Governments as Labor is a subject-matter in the Concurrent List of our Constitution. The Minimum Wages Act, 1948 is a Central Labor Legislation providing for appropriate Government for the purposes of the Act. Therefore, though the Company and the employee may have their origins in terms of registration and administration and appointment respectively in the State of Haryana but the place of work being Delhi, the minimum rates of wages fixed by the Delhi State Govt under the Minimum Wages Act,1948 would be applicable to the employee as long as he continues to work at Delhi.
Thank you Mr. Umakantham.
What if employees was in Dekhi for 2 months where minimum wages is higher then he deputed to Haryana again where minimum wages is lower.
What streategy should be followed as nature of job is transferrable or temporary or contractual in nature for smaller period
Dear Manjay,
When the nature of jobs is such that the incumbents could be transferred pan-India basis, it would be ideal to have the wage structure designed on the highest side. Where some employees have to be deputed elsewhere for short spells of one or two months i.e., required to work for more than a single wage period, my personal view is that they can be paid at the prevailing rates of the State to which their jobs normally belong to for it is only a temporary arrangement necessitated by work exigencies and they would be certainly paid T.A and Daily Allowance for such duration outside their headquarters. On the contrary, if the deputation is for a longer duration which disentitles such employees their D.A beyond certain period, it has to be treated as transfer only in which case they have to be paid at the higher rates prevailing in their actual place of work.
Thank you Mr Umakanthan for your valuable advice
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