Can u please give me your opinion on definition of Salary. Awaiting for your comments. Regards, Paromita Mukherjee
From India, Bangalore
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3From India, Bangalore
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Dear Paromita,
Greetings!
As per the Payment of Wages Act, 1936:
[PAYMENT OF WAGES ACT, 1936]
[Act No. 4 of Year 1936]
An Act to regulate the payment of wages of certain classes of employed persons.
Whereas it is expedient to regulate the payment of wages to certain classes of employed persons;
It is hereby enacted as follows:
1. Short title, extent, commencement, and application
(1) This Act may be called the Payment of Wages Act, 1936.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
(4) It applies in the first instance to the payment of wages to persons employed in any factory, to persons employed (otherwise than in a factory) upon any railway by a railway administration or, either directly or through a sub-contractor, by a person fulfilling a contract with a railway administration, and to persons employed in an industrial or other establishment specified in sub-clauses (a) to (g) of clause (ii) of section 2.
(5) The State Government may, after giving three months' notice of its intention of so doing, by notification in the Official Gazette, extend the provisions of this Act or any of them to the payment of wages to any class of persons employed in any establishment or class of establishments specified by the Central Government or a State Government under sub-clause (h) of clause (ii) of section 2:
PROVIDED that in relation to any such establishment owned by the Central Government no such notification shall be issued except with the concurrence of that government.
(6) Nothing in this Act shall apply to wages payable in respect of a wage-period which, over such wage-period, average one thousand six hundred rupees a month or more.
2. Definitions
In this Act, unless there is anything repugnant in the subject or context:
(i) "employed person" includes the legal representative of a deceased employed person;
(ii) "employer" includes the legal representative of a deceased employer;
(iii) "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948) and includes any place to which the provisions of that Act have been applied under sub-section (1) of section 85 thereof;
(iv) "industrial or other establishment" means any-
(a) tramway service, or motor transport service engaged in carrying passengers or goods or both by road for hire or reward;
(aa) air transport service other than such service belonging to, or exclusively employed in the military, naval, or air forces of the Union or the Civil Aviation Department of the Government of India;
(b) dock, wharf, or jetty;
(c) inland vessel, mechanically propelled;
(d) mine, quarry, or oil-field;
(e) plantation;
(f) workshop or other establishment in which articles are produced, adapted, or manufactured, with a view to their use, transport, or sale;
(g) establishment in which any work relating to the construction, development, or maintenance of buildings, roads, bridges, or canals, or relating to operations connected with navigation, irrigation, or to the supply of water or relating to the generation, transmission, and distribution of electricity or any other form of power is being carried on;
(h) any other establishment or class of establishments which the Central Government or a State Government may, having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstances, specify, by notification in the Official Gazette;
(ii) "mine" has the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952);
(iii) "plantation" has the meaning assigned to it in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);
(iv) "prescribed" means prescribed by rules made under this Act;
(v) "railway administration" has the meaning assigned to it in clause (6) of section 3 of the Indian Railways Act, 1890 (9 of 1890); and
(vi) "wages" means all remuneration (whether by way of salary, allowances, or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes-
(a) any remuneration payable under any award or settlement between the parties or order of a court;
(b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;
(c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);
(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
(e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force,
but does not include-
(1) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a court;
(2) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the State Government;
(3) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;
(4) any traveling allowance or the value of any traveling concession;
(5) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or
(6) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d).
3. Responsibility for payment of wages
Every employer shall be responsible for the payment to persons employed by him of all wages required to be paid under this Act:
PROVIDED that, in the case of persons employed (otherwise than by a contractor) -
(a) in factories, if a person has been named as the manager of the factory under clause (f) of subsection (1) of section 7 of the Factories Act, 1948 (63 of 1948);
(b) in industrial or other establishments, if there is a person responsible to the employer for the supervision and control of the industrial or other establishments;
(c) upon railways (otherwise than in factories), if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned.
The person so named, the person so responsible to the employer, or the person so nominated, as the case may be, shall also be responsible for such payment.
4. Fixation of wage-periods
(1) Every person responsible for the payment of wages under section 3 shall fix periods (in this Act referred to as wage-periods) in respect of which such wages shall be payable.
(2) No wage-period shall exceed one month.
5. Time of payment of wages
(1) The wages of every person employed upon or in -
(a) any railway, factory, or industrial or other establishment upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day,
(b) any other railway, factory, or industrial or other establishment, shall be paid before the expiry of the tenth day,
after the last day of the wage-period in respect of which the wages are payable:
PROVIDED that in the case of persons employed on a dock, wharf, or jetty or in a mine, the balance of wages found due on completion of the final tonnage account of the ship or wagons loaded or unloaded, as the case may be, shall be paid before the expiry of the seventh day from the day of such completion.
(2) Where the employment of any person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated:
PROVIDED that where the employment of any person in an establishment is terminated due to the closure of the establishment for any reason other than a weekly or other recognized holiday, the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is so terminated.
(3) The State Government may, by general or special order, exempt, to such extent and subject to such conditions as may be specified in the order, the person responsible for the payment of wages to persons employed upon any railway (otherwise than in a factory) or to persons employed as daily-rated workers in the Public Works Department of the Central Government or the State Government from the operation of this section in respect of wages of any such persons or class of such persons:
PROVIDED that in the case of persons employed as daily-rated workers as aforesaid, no such order shall be made except in consultation with the Central Government.
(4) Save as otherwise provided in subsection (2), all payments of wages shall be made on a working day.
6. Wages to be paid in current coin or currency notes
All wages shall be paid in current coin or currency notes or in both:
PROVIDED that the employer may, after obtaining the written authorization of the employed person, pay him the wages either
From India, Madras
Acknowledge(0)Amend(0)
Greetings!
As per the Payment of Wages Act, 1936:
[PAYMENT OF WAGES ACT, 1936]
[Act No. 4 of Year 1936]
An Act to regulate the payment of wages of certain classes of employed persons.
Whereas it is expedient to regulate the payment of wages to certain classes of employed persons;
It is hereby enacted as follows:
1. Short title, extent, commencement, and application
(1) This Act may be called the Payment of Wages Act, 1936.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
(4) It applies in the first instance to the payment of wages to persons employed in any factory, to persons employed (otherwise than in a factory) upon any railway by a railway administration or, either directly or through a sub-contractor, by a person fulfilling a contract with a railway administration, and to persons employed in an industrial or other establishment specified in sub-clauses (a) to (g) of clause (ii) of section 2.
(5) The State Government may, after giving three months' notice of its intention of so doing, by notification in the Official Gazette, extend the provisions of this Act or any of them to the payment of wages to any class of persons employed in any establishment or class of establishments specified by the Central Government or a State Government under sub-clause (h) of clause (ii) of section 2:
PROVIDED that in relation to any such establishment owned by the Central Government no such notification shall be issued except with the concurrence of that government.
(6) Nothing in this Act shall apply to wages payable in respect of a wage-period which, over such wage-period, average one thousand six hundred rupees a month or more.
2. Definitions
In this Act, unless there is anything repugnant in the subject or context:
(i) "employed person" includes the legal representative of a deceased employed person;
(ii) "employer" includes the legal representative of a deceased employer;
(iii) "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948) and includes any place to which the provisions of that Act have been applied under sub-section (1) of section 85 thereof;
(iv) "industrial or other establishment" means any-
(a) tramway service, or motor transport service engaged in carrying passengers or goods or both by road for hire or reward;
(aa) air transport service other than such service belonging to, or exclusively employed in the military, naval, or air forces of the Union or the Civil Aviation Department of the Government of India;
(b) dock, wharf, or jetty;
(c) inland vessel, mechanically propelled;
(d) mine, quarry, or oil-field;
(e) plantation;
(f) workshop or other establishment in which articles are produced, adapted, or manufactured, with a view to their use, transport, or sale;
(g) establishment in which any work relating to the construction, development, or maintenance of buildings, roads, bridges, or canals, or relating to operations connected with navigation, irrigation, or to the supply of water or relating to the generation, transmission, and distribution of electricity or any other form of power is being carried on;
(h) any other establishment or class of establishments which the Central Government or a State Government may, having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstances, specify, by notification in the Official Gazette;
(ii) "mine" has the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952);
(iii) "plantation" has the meaning assigned to it in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);
(iv) "prescribed" means prescribed by rules made under this Act;
(v) "railway administration" has the meaning assigned to it in clause (6) of section 3 of the Indian Railways Act, 1890 (9 of 1890); and
(vi) "wages" means all remuneration (whether by way of salary, allowances, or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes-
(a) any remuneration payable under any award or settlement between the parties or order of a court;
(b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;
(c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);
(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
(e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force,
but does not include-
(1) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a court;
(2) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the State Government;
(3) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;
(4) any traveling allowance or the value of any traveling concession;
(5) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or
(6) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d).
3. Responsibility for payment of wages
Every employer shall be responsible for the payment to persons employed by him of all wages required to be paid under this Act:
PROVIDED that, in the case of persons employed (otherwise than by a contractor) -
(a) in factories, if a person has been named as the manager of the factory under clause (f) of subsection (1) of section 7 of the Factories Act, 1948 (63 of 1948);
(b) in industrial or other establishments, if there is a person responsible to the employer for the supervision and control of the industrial or other establishments;
(c) upon railways (otherwise than in factories), if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned.
The person so named, the person so responsible to the employer, or the person so nominated, as the case may be, shall also be responsible for such payment.
4. Fixation of wage-periods
(1) Every person responsible for the payment of wages under section 3 shall fix periods (in this Act referred to as wage-periods) in respect of which such wages shall be payable.
(2) No wage-period shall exceed one month.
5. Time of payment of wages
(1) The wages of every person employed upon or in -
(a) any railway, factory, or industrial or other establishment upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day,
(b) any other railway, factory, or industrial or other establishment, shall be paid before the expiry of the tenth day,
after the last day of the wage-period in respect of which the wages are payable:
PROVIDED that in the case of persons employed on a dock, wharf, or jetty or in a mine, the balance of wages found due on completion of the final tonnage account of the ship or wagons loaded or unloaded, as the case may be, shall be paid before the expiry of the seventh day from the day of such completion.
(2) Where the employment of any person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated:
PROVIDED that where the employment of any person in an establishment is terminated due to the closure of the establishment for any reason other than a weekly or other recognized holiday, the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is so terminated.
(3) The State Government may, by general or special order, exempt, to such extent and subject to such conditions as may be specified in the order, the person responsible for the payment of wages to persons employed upon any railway (otherwise than in a factory) or to persons employed as daily-rated workers in the Public Works Department of the Central Government or the State Government from the operation of this section in respect of wages of any such persons or class of such persons:
PROVIDED that in the case of persons employed as daily-rated workers as aforesaid, no such order shall be made except in consultation with the Central Government.
(4) Save as otherwise provided in subsection (2), all payments of wages shall be made on a working day.
6. Wages to be paid in current coin or currency notes
All wages shall be paid in current coin or currency notes or in both:
PROVIDED that the employer may, after obtaining the written authorization of the employed person, pay him the wages either
From India, Madras
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