KK!HRLegally and morally when the minimum wages have been enhanced with retrospective effect, it has to be implemented from that date though in most of the cases payments made are not reviewed and revised wages are applied only prospectively. Yet, this cannot be taken very casually and in case of any inspection of the records and this is noticed then there would be a penalty and prosecution for non-observance of the mandatory provisions in the Minimum Wages Act 1948.
From India, Mumbai
traptisachanYour views are appropriate. But in one case Punjab Government revised wages retrospective and Honorable Punjab and Haryana court has temporarily stop the order. Since then State has not revised minimum wages
From India, Calcutta
traptisachanI request all to contribute on the discussion to have better understanding.
From India, Calcutta
nanu1953Minimum Wages are published every 6 monthly for most of the Indian States. It is only vary the time period - Jan- June & July-Dec OR Apr - Sept & Oct - Mar. It is most of the time published with retrospective effect as the CPI index is not available on time. Therefore, As mentioned by KK!HR , I fully agree.
I have certain observations regarding minimum wages as mentioned below:-
1. In most of the organizations it is paid to Contractual workers and even in some cases to permanent workers for few small organizations.
2. There are organizations who are paying more than minimum wages specially for the workers who are working for years together. They review every year as such 6 monthly retrospective review is not required.
3. There are organizations who are paying minimum wages with 6 monthly review and retrospective effect.
4. There are organizations who are not following the point number 3 but paying minimum wages from the month the organization is receiving the information with no retrospective effect and even there are organization not paying the minimum wages.
My personal opinion is if the contractual workers / permanent workers who are working years together, they should get more than minimum wages (Obviously not equivalent to permanent workers ) by getting increment every year.
We all know the famous Maruti case when for almost similar nature of jobs , the contractual employees were receiving 18k per month where as the permanent employees were receiving 42 k per month ( so far I can remember the figure ). To my opinion the contractual employees might be paid close to 30 k per month at that time when the organization was one very big industrial house.
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From India, New Delhi
ommygautamYou should do the compliance ( Wages ,contribution of epf as arrear and esic ) for the past period wages. you should make a wages register for the same period of all related employees who worked on that period and for their payment you should give a notice to your contractor as well mark a copy to your concern labour department regarding the payment due wth you, also same notice should be given by your respective contractor to their employees who were eligible for the payment . in letter you have to mention that -
Dear ( Contractor Name ),
Please find the reference of minimum wages which was revised by the government where as wages for the earning period from --- to ( whatever is period ) are due of following employees. ( please make a list of the all employees who are eligible for the benefit) . you are kindly advise hereby that after do the payment to your respective employees as per above mention details kindly claim your bill accordingly. also you can ask the mobile number of the all concern employee for the verification. after that you can keep all record regarding the retrospective wages payment and same can be submit to concern labour dept or can keep at your end for future reference and inspection.
02. in other which is not legally and not appropriate , you made a wages sheet for the effective period and made the fake acknowledgement ( do the signature of respective employee with different type of pen ) in the name of all employees. other dues as like epf and esic will be submitted actually. by this you can save lot of money . but i would suggest to do the first option rather second.
From India, Rudarpur
Advocate Prem Chanda YadavYes Principal employer as well as Employer/Contractor both are responsible.
From India, Mumbai
sitaramsnI wish to share our experience in AP & Telangana States.
In both the states MW revised in April and October. The base is average index points July to December of a year considered for the revision to be applicable from April next and likewise January to June will be considered for revision of wages from October. Since there is time gap the issue of retrospective implementation does not arise.
From India, Hyderabad