Rule-4 as you have mentioned and comments at the end of USK, SSK etc. list under schedule -E - for USK ............and other category by whatever name called which are of unskilled nature.
Technical committee as per rule-4 will give general guide line - not possible to give specific guide line for lakhs of organizations in India.
From my experience I can share with you the job of "Operator " in any organization usually SK job. But I have noticed the same position has many nomenclature - Technician, Operator, Assistant, Skilled Lathe, Milling, Drilling , Grinding etc. man and so on.
Obviously it will not be possible for Technical Committee to mention all probable nomenclatures against each job.
To my opinion based on guidance by the Technical Committee, each organization has to finalize their own organization's skill differentials.
Best Regards,
S K Bandyopadhyay ( Howrah, WB)
From India, New Delhi
337Technical committee as per rule-4 will give general guide line - not possible to give specific guide line for lakhs of organizations in India.
From my experience I can share with you the job of "Operator " in any organization usually SK job. But I have noticed the same position has many nomenclature - Technician, Operator, Assistant, Skilled Lathe, Milling, Drilling , Grinding etc. man and so on.
Obviously it will not be possible for Technical Committee to mention all probable nomenclatures against each job.
To my opinion based on guidance by the Technical Committee, each organization has to finalize their own organization's skill differentials.
Best Regards,
S K Bandyopadhyay ( Howrah, WB)
From India, New Delhi
Right Sir... This is a valuable insight. Sir, taking liberty to take the discussion forward.
So far as classifying and considering remunerations/various allowances as "wages" under COW2020 (those which are not among exclusions), should we not apply the guiding principles stipulated by the Hon'ble Supreme Court in The Regional Provident Fund ... vs Vivekananda Vidyamandir on 28 February, 2019; as per which following allowances we may think of excluding while calculating wages under COW:
1. Allowances which are variable in nature;
2. Allowances which are linked to any incentive for production resulting in greater output by an employee; or
3. Allowances which are not paid across the board to all employees in a particular category; or
4. Allowance which are paid especially to those who avail the opportunity
Though these principles were laid down in the context of "basic wages" defined under EPF&MP Act, 1952, however, the inclusive nature of the definition of basic wage under EPF&MP and wages under COW is largely similar in nature.
Request expert views on the above please.
Thanks and Regards
From India, Calcutta
So far as classifying and considering remunerations/various allowances as "wages" under COW2020 (those which are not among exclusions), should we not apply the guiding principles stipulated by the Hon'ble Supreme Court in The Regional Provident Fund ... vs Vivekananda Vidyamandir on 28 February, 2019; as per which following allowances we may think of excluding while calculating wages under COW:
1. Allowances which are variable in nature;
2. Allowances which are linked to any incentive for production resulting in greater output by an employee; or
3. Allowances which are not paid across the board to all employees in a particular category; or
4. Allowance which are paid especially to those who avail the opportunity
Though these principles were laid down in the context of "basic wages" defined under EPF&MP Act, 1952, however, the inclusive nature of the definition of basic wage under EPF&MP and wages under COW is largely similar in nature.
Request expert views on the above please.
Thanks and Regards
From India, Calcutta
Dear Akm_mish,
It sounds good that you have lot of queries. I personally invite you to my office to discuss across the table as you are from Kolkata. My office is located near Nabanna. After one prior appointment you may meet me if you think so.
However, my reply to your queries are as follows :-
Supreme Court award was based on existing definition of Basic under PF Act. To my opinion Wage Code is framed considering existing PF Act and Supreme Court Verdict. The objective of the law makers to provide proper definition of Wage ( Basic & DA) without any ambiguity. Accordingly, the new definition of wages has been framed uniformly for all codes. There may be further interpretation in future through case laws etc. Let us wait for the same.
To my opinion after the implementation of wage code, the definition of wage will be as I have already explained earlier which I have noticed that other Organizations like Delloite, Tax Guru ( ITAX), Mercer etc have been in the similar way explained wage under wage code.
Thanks & Regards,
S K Bandyopadhyay (Howrah, WB)
From India, New Delhi
It sounds good that you have lot of queries. I personally invite you to my office to discuss across the table as you are from Kolkata. My office is located near Nabanna. After one prior appointment you may meet me if you think so.
However, my reply to your queries are as follows :-
Supreme Court award was based on existing definition of Basic under PF Act. To my opinion Wage Code is framed considering existing PF Act and Supreme Court Verdict. The objective of the law makers to provide proper definition of Wage ( Basic & DA) without any ambiguity. Accordingly, the new definition of wages has been framed uniformly for all codes. There may be further interpretation in future through case laws etc. Let us wait for the same.
To my opinion after the implementation of wage code, the definition of wage will be as I have already explained earlier which I have noticed that other Organizations like Delloite, Tax Guru ( ITAX), Mercer etc have been in the similar way explained wage under wage code.
Thanks & Regards,
S K Bandyopadhyay (Howrah, WB)
From India, New Delhi
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Code on wages (TN) rules 2022.pdf