Dear Seniors,
Please advise on the below matter. We are involved in a project where we have hired workers for the construction of HVAC, chillers, etc. As it is a large-scale project, we have established our office within the premises and have enlisted a few workers for housekeeping duties (outsourced to a vendor).
Query: Please advise on the minimum wage payment for the housekeeping workers, as there is a difference in the minimum wage rates between Shops & Establishments Mumbai and BOCW. The housekeeping vendor is currently paying the minimum wage rate as per Shops & Establishments Bombay.
Kindly provide guidance on the appropriate course of action, and if possible, cite any relevant case law.
Thank you.
From India, Calcutta
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15Please advise on the below matter. We are involved in a project where we have hired workers for the construction of HVAC, chillers, etc. As it is a large-scale project, we have established our office within the premises and have enlisted a few workers for housekeeping duties (outsourced to a vendor).
Query: Please advise on the minimum wage payment for the housekeeping workers, as there is a difference in the minimum wage rates between Shops & Establishments Mumbai and BOCW. The housekeeping vendor is currently paying the minimum wage rate as per Shops & Establishments Bombay.
Kindly provide guidance on the appropriate course of action, and if possible, cite any relevant case law.
Thank you.
From India, Calcutta
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Dear Hary_prince,
Minimum rates of wages are fixed for the different classes of employees in the scheduled employment wise only. In other words, the bases for fixation are (1) the scheduled employment and (2) the different classes of employees in the scheduled employment. Here, scheduled employment refers to a particular industry as a whole, and classes of employees means the posts of jobs held by employees. Therefore, classes of jobs or posts may be common for more than one employment or industry. For instance, there are drivers in a motor transport undertaking as well as in a factory. We cannot expect that the same rates of wages would be fixed for drivers in the former and the drivers in the latter. So, it is important first to determine what your industry is and next whether a particular post is specifically included in the classes in the industry.
From India, Salem
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Minimum rates of wages are fixed for the different classes of employees in the scheduled employment wise only. In other words, the bases for fixation are (1) the scheduled employment and (2) the different classes of employees in the scheduled employment. Here, scheduled employment refers to a particular industry as a whole, and classes of employees means the posts of jobs held by employees. Therefore, classes of jobs or posts may be common for more than one employment or industry. For instance, there are drivers in a motor transport undertaking as well as in a factory. We cannot expect that the same rates of wages would be fixed for drivers in the former and the drivers in the latter. So, it is important first to determine what your industry is and next whether a particular post is specifically included in the classes in the industry.
From India, Salem
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Dear Mr. Umakanthan,
Thank you for your valuable feedback. I understand that the minimum wage rate differs within different industries within the same state. I still doubt whether to pay the minimum wage rate as per Bombay S&E or Bombay BOCW since the premises where we are working come under BOCW. I request once again if anybody can please elaborate on the same. It's really urgent.
From India, Calcutta
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Thank you for your valuable feedback. I understand that the minimum wage rate differs within different industries within the same state. I still doubt whether to pay the minimum wage rate as per Bombay S&E or Bombay BOCW since the premises where we are working come under BOCW. I request once again if anybody can please elaborate on the same. It's really urgent.
From India, Calcutta
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Minimum wage Engineering Industry 2014-15.pdf