Minimum wages are fixed by the State Government based on the all-India average of the consumer price index. The state government is empowered to categorize the skills for scheduled employment in different industries. This categorization is primarily based on the craftsmanship required to perform the task. Some states have also included educational qualifications in determining the minimum wages.
Since wages are based on the job performed and the required skills, one is free to engage a person accordingly. However, if the state notification links categorization with educational qualifications, it needs to be checked before engaging such employees.
States like Karnataka have empowered the Labor Commissioner to decide the wage rates of employees engaged through contractors who carry out similar jobs to workers engaged by the principal employer. This notification falls under Rule 25(iv) of the Contract Labour (R & A) Karnataka Rules. Therefore, you need to check the same concerning your state.
Thanks,
Mritunjay Nath Sahu GM(HR)