PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Industrial Relations And Labour Laws
Pan Singh Dangwal
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Pan Singh DangwalDear Member,
The MW Revision is regulated under MW Act, 1948 (being applicable to schedule employments as defined by the competent authority).
This is separate from Factory Act. Though under Factory Act, some points (related to wages) are mentioned separately for strict monitoring of the norms.
The appropriate govt (State or Central Govt) time to time issue MW notification which based on the Index and related factor. The MW is different for every state.
Yes, this Act apply to Factory also. You have to follow the MW Rates as defined by the Appro. govt.
From India, Delhi
Madhu.T.KMinimum Wages refer to the minimum amount of wages that each employer should pay to his workers of different categories based on their skills. This is statutory wage and is fixed separately for separate industry. Under each industry (called scheduled employment) different scales of wages will also be fixed and notified by the government. This is done after consulting with the stakeholders, ie, representatives of employers and workers/ trade unions in the industry.
Factories Act is an Act which provides for registration of factory and the measures that an employer should take to ensure safety, welfare and health of the workers employed in it. The Factories Act does not provide for how much wages should be paid. In order to regulate payment of wages, time of payment and mode of payment, we have Payment of Wages Act. Similarly, in order to direct an employer how much should each category of workers should be paid, we have minimum wages notified by the government following the provisions of Minimum Wages Act.
For employees employed in a factory, separate minimum wages notification will be available. For example, if your factory is engaged in the manufacture of machines and engineering products, you can follow the minimum wages applicable to the schedule, Engineering. If you are engaged in garment making you can follow minimum wages pertaining to garment making industry and so on.
From India, Kannur
Minimum rates of wages are fixed and periodically revised under the Minimum Wages Act, 1948 in respect of every scheduled employment. " Scheduled Employment " means an employment specified in the Schedule or any process or branch of work forming part of such employment. In this connection, you can refer to section 3 of the MW Act, 1948.
' Factory ' is a common name for a place or premises where any manufacturing activity is carried on. If it fulfills the conditions stipulated in sec.2(m) of the Factories Act,1948, it gains the statutory status. But, there are places and manufacturing activities undertaken therein which cannot be encapsuled within the statutory definition of factory. Therefore, only if a factory carries out the manufacturing process connected with the scheduled employment, the minimum rates of wages fixed under the Act would automatically apply to the employees of that factory.
From India, Salem