Viru.Mhatre@ingeniousmanagement.com
The minimum wages calculations released by various state govt's state that the MW monthly rate is based on 26 working days. (Refer to point 3 on page 8 of the MW notification released by WB govt. in the attachment).

Does this interpretation mean that there is no pay given for the weekly off / rest day to the employees? Is there any gazette or notification which supports this calculation?

Request guidance on this interpretation of the law.

From India, Pune

Attached Files (Download Requires Membership)
File Type: pdf the-west-bengal-minimum-wages-notification-july-2022.pdf (398.5 KB, 24 views)

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Ssushr
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KK!HR
1317

The notified minimum wages of a day is arrived by dividing the monthly wages by 26, which means the payment for weekly holidays is already included. Indeed the daily wages are actually the wages for 1+1/6 days, so in six days' wages, automatically the seventh-day wage also accrues.
From India, Mumbai
ssushr
22

Please go through the proviso to the Sub Rule(4) of Rule 23 of the Minimum Wages (Central) Rules, 1950 which has clearly mentioned that "Provided that where the minimum daily rate of wages of the employees as notified under the Act has been worked out by dividing the minimum monthly rate of wages by twenty six, or where the actual daily rate of wages has been worked out by dividing the monthly rate of wages by twenty six and such actual daily rate of wages is not less than the notified minimum daily rate of wages of the employee, no wages for the rest day shall be payable and in case the employees works on the rest day and has been given a substituted rest day, he shall be paid only for the rest day on which he worked, an amount equal to the wages payable to him at the overtime rate which is double the ordinary rate of wages.
It means the per days wages fixed by the appropriate government includes the wages of weekly rest day and therefore every state govt or central govt specifies in their notification that to arrive at per day wages the monthly rate of wages are to be divided by 26. Many companies are making the mistake of dividing the monthly rate by the no of days in a month. i.e. 30 or 31 . This affect badly for the workers who have worked for less than 26 days. This is violation of Minimum Wages Act. When the appropriate government has clearly mentioned in their notification, how to calculate per day wages for a monthly paid worker then we have to follow the said rule as the powers are delegated under Minimum Wages Act to the concerned authority who is empowered to fix minimum wages and also to declare DA at certain interval. The said order of the appropriate govt is the notification supporting the calculation.

From India, Pune

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