Equal Pay Dilemma: Should Workers in Nearby Factories Earn the Same?

Transfer of employees during conciliation proceedings

The transfer of a set of employees (who are complainants and leading other workmen) from one unit to another unit (situated in another state) during the conciliation proceeding will be legal and justified.

Minimum wages for companies with units in various states

What will be the minimum wages for a company (engineering-based) having units/factories in various states? Will the minimum wages of the respective state be applicable, or will the minimum wages declared by the Central Government be applicable?

Equal remuneration for units within the same district

If a company has two units/factories within the same district, is it necessary that the workmen should be paid equal remuneration in both units?

Transfer during conciliation proceedings

1. You can transfer if the matter pending in conciliation is not related to that transfer. Please refer to Section 33 of the Industrial Disputes Act, 1947.

Minimum wages applicability

2. It depends on the appropriate government under the Minimum Wages Act, 1948. Please refer to the schedule of the Act. If your employment is a scheduled employment listed, follow the Central Government notification. If not, follow the state government notifications.

Wage rates in different units

3. You can fix a different rate of wages in two different units.

Regards, Mohan Kumar

PH: [Phone Number Removed For Privacy-Reasons]

Minimum wages depend first on the appropriate government. If you are a PSU or central government department, then central rates will apply. In all other cases, the minimum wage is the one applicable for that state where the factory or office is located.

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Even for PSU, Central Government notification is not applicable. Central Government notification is applicable only if that PSU comes under the schedule of Minimum Wages Act. Otherwise, state government notification is applicable to PSU.

MOHAN KUMAR
PH: 8921883907