Madhu.T.K
4246

Since your company's jurisdiction is Delhi, you have to follow the minimum wages of Delhi only. However, for employees working inn Haryana areas, the minimum wages as applicable to that area will have to be paid. There is nothing wrong in fixing more than two rates of wages in the same establishment.
Regards,
Madhu.T.K

From India, Kannur
Raj Kumar Hansdah
1426

Thank you Sir, for clarifying the issue, which I am sure will be useful for every HR person working in National Capital Region.
However, I must say that find the attitude of Mr. Panda's company very worker-unfriendly. Why should a good company stick to the bare minimum wages ??
Secondly, the difference in Minimum wages between two states is of mere few rupees. Should not the management have its compensation policy such that its higher than the minimum wages of both states ??
I would like to add that, in my personal experience, I have never come across a company that pays the exact amount of minimum wages, not a rupee more.
This has helped me to understand the term "Baniya Company" perfectly !!
A company that pays its lowest level of workers, the exact amount of Minimum Wages fixed by the concerned state government (not a paisa more).
Moreover, such companies are ignorant of the concept of Fair wages and Living Wages.
Warm regards.

From India, Delhi
rajasekaranmk
Dear Awvik,
I hope any non-employement or unemployment issue pertaining to individual employee could raise dispute Under sec 2A of Industrial Dispute Act 1947. Other than the above grivances, service related issue like O.T payment, Unfairlabour practice etc can be raised disputes under Sec:2K of ID Act 1947.
Normal course, OT & Unfair labour practices can redressal with help of Inspector of factories Dept.
Rajasekaran.MK.

From India, Madras
atoriar
Dear All,



As per section 2a " any dispute Or difference........................Arising out of discharge,Dismissal,retrenchmant,or termination ........"

when the contarct of services terminated .,the workman is certainly entitled to get all remuneration due to him

.. so it is expected that he would paid wages and other charges due to him for the period he worked

in case of OT .. this case will fall under sec 2 a

now .. if we discuss matter in respect of unfair trdae practice



is that unfair trade practice related to discharge,Dismissal,retrenchmant,or termination ?????

if not ,, he is to approach civil court.

e g if the matter is related to transfer or reduction in rank or demotion or promotion etc

secondally this section is to be read with schedule 2nd 3rd and 4 th schedule under sections 7 and 7A of industrial dispute act.

scope of this section .. this section has enable to convert an individual dispute which iis realted to employment in to industrial dispute.



Thats wht i do understand. ur coments are welcomed

regards

Rosy

From United States, Southfield
R.N.Khola
363

Dear Rosy, This is just for your information that section 2a under the Industrial Disputes Act, 1947 relates to the definition of the 'appropriate Government'.
From India, Delhi
lalit m sharma
2

if you are not satisfied with the answer of Mr Madhu and Mr Ghose than you may knock the door of civil court. Remedy in the ID Act is for the workman.
From India, Vijayawada
balajeepanda
1

Dear Madhu Sir,
Thanks for clearing my doubts. I will do accordingly. As regarding to Mr. raj kumar's remark i would like to inform you that we work in a certain restricted environment i.e. between management's economics guidelines & employee's benefits & statutory compliance. So we have very little room to operate.
Thanks & Regards
JB Panda
Executive-HR

From India, New Delhi
V.S.JANARDHANAN
5

Dear Sir,

The issues raised are two;
One overtime the employee may approach initially for overtime. Any representation recd from an employee has to be given a proper and justifiable reply by the management.In the absence of an appropriate reply from the management the employee has got two remedies one to file a complaint before the inspector of factories or file a claim under section 33c(2) of the Industrial Disputes Act.
I hope the reply will be satisfactory to you

From India, Vellore
V.S.JANARDHANAN
5

Dear Sirs, The second issue raise is unfairlabour practice. The employees may organis as a group and raise industrial dispute under section 2k of the I.D. Act.
From India, Vellore
Raj Kumar Hansdah
1426

Dear balajeepanda
As an HR professional I understand the problem cited by you.
My criticism was neither personal nor against HR; but directed against such "management" and their compensation philosophy.
See, if we do not protest or highlight these things, how can we ensure fair living standards for the poor workers ?
We should at least, create an awareness that in organised sector, one should pay the workers a bit more than the Minimum wages fixed by the Government.

Sorry awvik, for the intrusion in your thread :)
Regards.

From India, Delhi
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