Sir:
The industry falls within the ambit of Shops and establishment act and the wages have to be paid in accordance with the minimum wages rules as applicable in tamil nadu..however I need to understand whether the minimum wages rules applicable in tamilnadu have a provision which allow pro rated payment of minimum wages to such employees who work less than normal working hours in a day.
(for example rule 27 of the karnataka minimum wages rules has the following provision -
Cases and circumstances in which an employee employed for a period of less than the requisite number of hours constituting the normal working day shall not be entitled to receive wages for a full normal working day.-(1) The following shall be the cases and circumstances in which an employee employed for a period of less than the requisite number of hours constituting the normal working day shall not be entitled to receive wages for a full normal working day:-
(a) Tempest….;
(b) Refusal….;
(c) Strike….;
'[(d) Where an employee works for any period not exceedingfour hours a day;]
(4) If any employee works for any period not exceeding four hours a day, he shall receive wages for such day in the proportion the number of hours he worked bears to the number of hours constituting the normal working day.
Rule 26 - Cases and circumstances in which an employee employed for a period of less than the requisite number of hours constituting the normal working day shall not be entitled to receive wages for a full normal working day.-(1) The following shall be the cases and circumstances in which an employee employed for a period of less than the requisite number of hours constituting the normal working day shall not be entitled to receive wages for a full normal working day:-
(a) Tempest, fire, rain, breakdown of machinery or stoppage of or any cut in the supply of power, epidemic, civil commotion or other cause beyond the control of the employer;
(b) Where an employee works for any period not exceeding four hours a day;
(c) Strike or stay-in strike;
(4) If an employee works for any period not exceeding four hours a day, he shall receive wages for such day I the proportion the number of hours he worked bears to the number of hours constituting the normal working day.)
I need to know whether similar provision is available for the employees in tamil nadu.