Dear Kriti Patel,
Policy Framework for Salary and Wage Advances
1. You need to frame a policy to administer advances against salary and wages by adhering to the Payment of Wages Rules of your state.
2. The establishments not only provide advances but also loans. The policy needs to cover the rules for loans and their administration.
3. It is always advisable to frame the policy in accordance with the Act & Rules of the state or center, as the case may be.
4. An example of the Payment of Wages Act, 1936, is given.
5. Deductions for recovering salary advances are allowed, but subject to certain conditions.
6. Section 12 of the Act specifies that advances given before employment begins can be recovered from the first payment of wages.
7. Advances given after employment are subject to conditions prescribed by the appropriate government.
8. No recovery can be made for advances given for traveling expenses.
Key Points
The section 12 of the Payment of Wages Act deals with deductions for the recovery of advances.
Advances After Employment
The recovery of advances given after employment begins is subject to conditions prescribed by the appropriate government.
Rules and Regulations
The specific rules and regulations regarding the recovery of salary advances may vary depending on the state. For example, the Andhra Pradesh Payment of Wages Rules, 1937, specify that installment repayments should not exceed one-third of the wages for the wage period.
Important Considerations
The Payment of Wages Act aims to protect employees by ensuring timely and full payment of wages. Deductions for salary advances are permitted, but they must comply with the provisions of the Act. Employers should maintain proper records of salary advances and their recovery, including a Register of Advance of Wages (Form XII). The rate of interest on salary advances should not exceed 6% per annum, according to the Telangana Department of Labour's AP Payment of Wages Rules, 1937. Employees should be informed about the conditions for recovering salary advances and the applicable interest rates.