Dear Friends,The Minimum wages one is as per the Minimum Wages Act. another one is as per contract Labour (R&A) any of these wages should not be bifurcated.Regards,PBS KUMAR
Dear Friends,
The minimum wage is the basic wage, if any body wants to pay over and above this you can add some more components but the minimum wage cannot be bifurcated, for all practical purposes the PF, Bonus etc are to be calculated on the basic wage only, if you bifurcate the Labour, PF authorities will peanilize. You may came across that somebody is doing but it is illeagal.
Thanks and regards - kameswarao
This is in fact a very good question on the enforcement of Minimum Wages Act, 1948 which draws the attention of a no. of HR personnel. The employers who are already giving daily rate of wages or consolidated monthly rate of wages are not to think over this issue. This question arises only for those employers who want to give wages under basic wage with different types of allowances. The main point which creates confusions regarding this subject is the definition of wage [sec. 2(h)] and Minimum Rate of Wages [sec.4] of M W Act, 1948. According to the definition of wages, it includes all remunerations including HRA. The heads which are not to be included are also given in this definition. In my opinion we should at first must examine section 4 of M W Act which consists of three ways of fixation/ declaration of minimum rates of wages by the appropriate Government & thereafter we are to go through the fixation of minimum rates of wages notification of the respective State that under which para of section 4 the rates have been announced. For example, in Haryana State this notification shows that the rates are all inclusive that means that bifurcation in wages head is allowed and thus the rates have been announced according to para (iii) of section 4. If this is not allowed then what is the necessity of having this para in picture. There are already two paras i.e. sec.4 (i) (ii) of the ibid Act in question. If this type of confusion persists then Govt. should come forward to clarify the situation & should clearly indicate in the notification that under which of the para they are issuing the notification.
Other Ld. Members are also requested to give their comments on the issue that in which situation bifurcation is allowed.
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