Indrajeet Singh RathoteShould contract workers be paid hourly or they should get payment only after 4 hours or 8 hours ? If a contract labor has worked for 1 hours, is he entitled to salary for that day?
From India, Jodhpur
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Indrajeet Singh Rathote
Ultratech Cement Ltd
There is no mention in your post about the industry in which the contract labor are engaged and whether the employment in that industry is covered under the Minimum Wages Act,1948 and if so, the minimum rates of wages fixed are hourly, daily or monthly. Any way, to arrive at the proportionate hourly rate, you have to divide the daily rate fixed by the appropriate Government by 8. If it is monthly rate, then you will have to divide the monthly rate by 26 to arrive at the daily rate for the purpose of your calculation.
However, care must be exercised to adhere to the provisions of section 15 of the MW Act,1948 which deals with the issue of " Wages of worker who works for less than normal working day". If the actual reason for the work for less than normal working day is attributable to the employee's unwillingness, he is not entitled to full wages for the day.
In the case of non-application of the MWA,1948, my opinion is that the legality of the principle underlying section 15 of the Act will hold good as it is based on logic and justice as well.
From India, Salem