Madhu Sir
In Gujrat Textile manufacturing units do have Recognized/Representative unions
Can he not take suport from them to make this poor man's life easy in handling this situation.
Just a thought
Regards
Suresh
From India, Nagpur
In Gujrat Textile manufacturing units do have Recognized/Representative unions
Can he not take suport from them to make this poor man's life easy in handling this situation.
Just a thought
Regards
Suresh
From India, Nagpur
I am forwarding a list of 46 scheduled employments in Gujarat, with the same minimum wage for all industries.
Gujarat has meager minimum wages until March 31, 2023. The Gujarat government has revised it by approximately 24.5%, effective April 1, 2023. Details can be found in the attached files.
Regards,
Suresh
From India, Thane
246Gujarat has meager minimum wages until March 31, 2023. The Gujarat government has revised it by approximately 24.5%, effective April 1, 2023. Details can be found in the attached files.
Regards,
Suresh
From India, Thane
Certainly he can approach the Union and make a representation through the union. But in an establishment which pays just what is required by law you can imagine the role of a trade Union. It is due to inactiveness of the Unions that these workers are getting exploited.
I have not gone in detail about the calculation side of wages and it is possible only with the latest CPI (consumer price index) based on which the dearness allowance (special allowance) is calculated. Moreover, the notification (minimum wages) says that Special allowance is Re.0.20 per day or Rs 5.20 per month for every five points above 7270. The base for this CPI point is not available. I have noticed that there are different CPIs with different bases and the one matching this is 1960=100 and the CPI against that base is 7608.37. That means the DA will be 7608.37-7270=338.37 divided by 5 multiplied by 0.20= 13.53 or Rs 351,78 per month. If you take the basic of skilled, considering the 20 years experience, of Zone A, then the daily wages will be Rs 474+14= 488 giving a monthly total of Rs 12688.
Even an intervention of the Union may result in calculation of gratuity on this amount but what about the arrears payable to the poor worker? True, a representation by the Union as an industrial dispute may lead to calculate the minimum wages based on the minimum wages in every six months backwards. it is also possible that the Union may demand payment with interest and implementation of minimum wages forthwith so that no other worker is denied this right. But my apprehension is that is it possible in a company which can deny the statutory wages over these years?
From India, Kannur
I have not gone in detail about the calculation side of wages and it is possible only with the latest CPI (consumer price index) based on which the dearness allowance (special allowance) is calculated. Moreover, the notification (minimum wages) says that Special allowance is Re.0.20 per day or Rs 5.20 per month for every five points above 7270. The base for this CPI point is not available. I have noticed that there are different CPIs with different bases and the one matching this is 1960=100 and the CPI against that base is 7608.37. That means the DA will be 7608.37-7270=338.37 divided by 5 multiplied by 0.20= 13.53 or Rs 351,78 per month. If you take the basic of skilled, considering the 20 years experience, of Zone A, then the daily wages will be Rs 474+14= 488 giving a monthly total of Rs 12688.
Even an intervention of the Union may result in calculation of gratuity on this amount but what about the arrears payable to the poor worker? True, a representation by the Union as an industrial dispute may lead to calculate the minimum wages based on the minimum wages in every six months backwards. it is also possible that the Union may demand payment with interest and implementation of minimum wages forthwith so that no other worker is denied this right. But my apprehension is that is it possible in a company which can deny the statutory wages over these years?
From India, Kannur
Dear Madhu Ji,
The Minimum Wages for Unskilled category in Gujarat in April 2022 was Rs.359.30 per day for Zone I and Rs.351.30 p.d. for one II.
In October 2022 it was Rs.363.30 & Rs.355.30 per day for Zone I & II respectively.
As preoccupied with an urgent assignment, I am sharing this for your reference, please.
Regards,
sna
From India, Thane
The Minimum Wages for Unskilled category in Gujarat in April 2022 was Rs.359.30 per day for Zone I and Rs.351.30 p.d. for one II.
In October 2022 it was Rs.363.30 & Rs.355.30 per day for Zone I & II respectively.
As preoccupied with an urgent assignment, I am sharing this for your reference, please.
Regards,
sna
From India, Thane
Ok Fine. You did it for last October but I did it for April 2023. The DA of October can be worked out only after getting the CPI of that period. But there will be slight deviation only.
I am also occupied for tomorrow with a session in Christ University, Bangalore, an interactive session with the students pursuing their Masters in Human Resource Management. mainly on the significance of compliance for peaceful running of business. This is a case study which can be discussed to enlighten the budding HRs the importance of sensitivity in dealing with poor workers....!
From India, Kannur
I am also occupied for tomorrow with a session in Christ University, Bangalore, an interactive session with the students pursuing their Masters in Human Resource Management. mainly on the significance of compliance for peaceful running of business. This is a case study which can be discussed to enlighten the budding HRs the importance of sensitivity in dealing with poor workers....!
From India, Kannur
Thanks all for taking active interest in this case.
There is no union available in this mid-sized textile manufacturing company of Ahmedabad, Gujarat.
* Is it possible, to get the increments as arrears for 2 decades by complaining in the labour office as the PF and ESI deduction was regular? If yes, then kindly provide the relevant act clause or any similar case filled earlier.
* Considering 20+ years of continuous service in same post, can he be considered as a skilled employee or semi-skilled under Minimum Wages act?
* As no leave was officially taken but also no employee agreement is available, so what could be the maximum EL days he could encash as a private employee like 300 EL max. in govt. employees case?
Thanks in advance.
From United States, Cambridge
There is no union available in this mid-sized textile manufacturing company of Ahmedabad, Gujarat.
* Is it possible, to get the increments as arrears for 2 decades by complaining in the labour office as the PF and ESI deduction was regular? If yes, then kindly provide the relevant act clause or any similar case filled earlier.
* Considering 20+ years of continuous service in same post, can he be considered as a skilled employee or semi-skilled under Minimum Wages act?
* As no leave was officially taken but also no employee agreement is available, so what could be the maximum EL days he could encash as a private employee like 300 EL max. in govt. employees case?
Thanks in advance.
From United States, Cambridge
Regret to say that calculation of minimum wages retrospectively for 20 years is not possible but as already said, you can get it for 6 months. Still, if the authority is satisfied of the non compliance with regard to Minimum Wages Act, then you can expect it for a longer back period. For that contribution to ESI and PF is irrelevant.
Categorisation pf workers into skilled, semi skilled or unskilled is made according to the degree of supervision required to do a particular job. It is true that a person having 20 years of experience may be doing the work independently and as such he should be falling in skilled category, but the same cannot be established now and whatever the employer says about the skill will have to be approved.
Legally an employee can accumulate upto 24 days' leave only. The system of encashing 300 leaves in the government services will not apply here.
From India, Kannur
Categorisation pf workers into skilled, semi skilled or unskilled is made according to the degree of supervision required to do a particular job. It is true that a person having 20 years of experience may be doing the work independently and as such he should be falling in skilled category, but the same cannot be established now and whatever the employer says about the skill will have to be approved.
Legally an employee can accumulate upto 24 days' leave only. The system of encashing 300 leaves in the government services will not apply here.
From India, Kannur
Given the gravity of the issues, it is my considered opinion that the querist assumes the sagacity to pursue the issue in action by approaching the competent Labour Department authority. Once the action pursued, the issues as well facts that are material to the controversy are bound to unfold.
From India, Kochi
From India, Kochi
Thanks everyone for your valuable advice.
* Under labour law, as the Minimum Wages are revised in Gujarat from 1st april,2023 after gap of 8 years. So, for this permanent employee of factory, new min. wages will be implemented immediately i.e. from 1st april,2023 or from 1st oct,2023 or from his joining (anniversary) date?
* Under labour law, will this permanent employee of factory is entitled for salary of 1 month notice period or 3 months notice period?
Thanks in advance.
From United States, Cambridge
* Under labour law, as the Minimum Wages are revised in Gujarat from 1st april,2023 after gap of 8 years. So, for this permanent employee of factory, new min. wages will be implemented immediately i.e. from 1st april,2023 or from 1st oct,2023 or from his joining (anniversary) date?
* Under labour law, will this permanent employee of factory is entitled for salary of 1 month notice period or 3 months notice period?
Thanks in advance.
From United States, Cambridge
The notification calling on the employers to pay revised minimum wages will have a date on which the said minimum wages will be effective. In some cases, the notification may have retrospective effect. In such cases only the employee can demand back wages. It will be a universal date and not with reference to anniversary date of each employee joining the company.
An employee coming under the purview of Industrial Disputes Act is eligible to get one month notice period or salary in lieu of the notice as well as compensation for retrenchment at the rate of 15 days wages for every year of service. This is provided under section 25F of the Industrial Disputes Act. at the same time, of the establishment has more than 100 workers, then the employer is liable to give three months notice or salary in lieu of that notice following section 25N of the same Act.
From India, Kannur
An employee coming under the purview of Industrial Disputes Act is eligible to get one month notice period or salary in lieu of the notice as well as compensation for retrenchment at the rate of 15 days wages for every year of service. This is provided under section 25F of the Industrial Disputes Act. at the same time, of the establishment has more than 100 workers, then the employer is liable to give three months notice or salary in lieu of that notice following section 25N of the same Act.
From India, Kannur
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