Part-Time Work in Maharashtra: How Do You Ensure Minimum Wage Compliance?

Hi everyone,

If a worker is working on a part-time basis, i.e., 4 hours daily, and the minimum wage states Basic - Rs. 5,500/- and Special Allowance - Rs. 3,500/- totaling Rs. 9,000/-, how can I ensure compliance with the minimum wage requirements for someone working on a part-time basis in Maharashtra?

I would like the poster to go through sec. 15 of the Minimum Wages Act, 1948. This section specifically mentions that if the minimum wages under the Act are fixed by the day, such an employee should be paid a full day's wages only.

Since the case mentioned is about employing a person on a part-time basis, i.e., for 4 hours a day only on a job for which minimum wages are fixed at monthly rates, my opinion is that he can be paid half of the monthly wages. However, the poster can search the State Minimum Wages Rules as well as refer to the notification by the appropriate Government in this regard.

https://www.citehr.com/598041-applic...rt-timers.html

http://timesofindia.indiatimes.com/a...campaign=cppst

10/1/2018 'Minimum wages must for part-timers' - Times of India

https://timesofindia.indiatimes.com/...t/40621737.cms 1/1

'Minimum wages must for part-timers'

TNN | Aug 22, 2014, 12.30 AM IST

Printed from

AHMEDABAD: Gujarat High Court on Thursday pulled up the state government for paying less than minimum wages to its part-time employees. The court ordered the state to increase the payment to above Rs 221 per day from next month.

The HC directed the government to pay at least minimum wages to part-timers who are engaged in Class IV positions in various departments, in response to a PIL filed by Gujarat Rajya Anshkalin Karmchari Mandal through advocate Ashlesha Patel. She argued that the pay structure was never revised since 1998. The association had to resort to filing a PIL because the government increased pay only in the case of those employees that had moved the HC in the past, she claimed. The PIL said that the government paid them a meager amount of Rs 1350 per month to part-time employees.

Justice Akil Kureshi and Justice J B Pardiwala came down heavily on the state government for its "exploitation" of employees.

The court said that the law for minimum wages was devised to curb exploitation by private employers. But the government itself ignores constitutional provisions.

The court directed the finance department to issue a circular to this effect, at least until their pay scales are not revised. The court commented that the part-timers' payment is so low that they cannot even afford tea for a month.

To the state government's claims that these part-time employees are still on the job because of a court's stay in the wake of termination of their services, the HC said that normally these employees are the beast of burden in offices. It also suggested that the government should give full-time jobs to such employees.

Also, the attached material on the Minimum Wages discusses certain issues relating to fixing wages based on "hours".

I request learned members can deliberate the issue further to have clarity.

Here is the attachment for your reference.

Yes right query sir
Total monthly salary is Rs9000 /- OK Pls devide it by 26 days. 9000÷26 =346.11@Rs346 Now again 346÷8=43.25 that means Rs 43.25 per hour. (8hrs a day)
Now come to point he is a part time employed.. For 04hrs a day.
Multiply Rs43.25×4=Rs 173.00 per a day
Multiply with 26 comes a month salary.173×26=4498 per month. Ok sir pls go ahead. Make it Rs4500/-

Yes, I agree with one of the above opinions that he/she should be treated as a full-time employee. However, a small amendment is needed: those who work part-time are also eligible for all welfare benefits and contributions just like all other regular full-time employees. The Employees' Compensation Act, EPF, ESI, etc., are also applicable. The only difference is that the payment of salary is on an hourly basis.