Appreciate your view but if i am not wrong it shouldn’t the wages be paid as per the Jurisdiction of the State where the head office is located.... Please correct me if i am wrong....
From India, Mumbai
From India, Mumbai
Hello Citeians, Can anyone help me find out what is the rule26(6) of the central rule of minimum wage act 1948 describes. What is meant by those three asterisks(*)?
From India, Bhubaneswar
1From India, Bhubaneswar
it will be difficult to trace the orinal Sub rule(6) of Rule (26) now since it was omitted in 1963. The Three asterisks indicate that the said sub rule was omitted in 1963 and is no longer in force.Trust, you stand clarified now, Miss confused.
B.Saikumar
From India, Mumbai
B.Saikumar
From India, Mumbai
Dear Ram,
You have to pay minimum wages on the basis of your clients registration but it is also specified in the proviso under MW act that MW which is higher either central or state should be paid to workmen concerned.
Regards,
Sanjeev Kumar
From India, New Delhi
You have to pay minimum wages on the basis of your clients registration but it is also specified in the proviso under MW act that MW which is higher either central or state should be paid to workmen concerned.
Regards,
Sanjeev Kumar
From India, New Delhi
Dear Mr. Saikumar, Your view on employees working on different locations, whether there is any rule or decision by the court. Thanks Maharana 9004665640
From India, Mumbai
From India, Mumbai
Dear Radhey Shyam
I had a re-look at this issue. It is a vexatious question. If you peruse Minimum Wages Act, Sec.3 of the Act is the relevant provision governing the issue. Sec.3 says that the apropriate government can fix minimum wages in respect of employments specified in the Schedule to the Act. It spells out two key factors to determine the issue as to payment of minimum wages namely 1) the appropariate government and 2) employment in which the contract labour are employed. Now the issue gains complexity when a contractor is registered under the State's Shops and Establishments Act and supplies contract labour to a central undertaking because the appropraite governments for the contarctor and for the principal employer are different.Thus two views are heard on this issue. One view maintains that since the contractor is registered under Shops and Establishments Act and the contract labour are the employees of the contarctor, the minimum wages notified by the State Government shall be paid. Another view is that even though the contract labour are the employees of the contractor, since the contractor has got labour license for employment in the central undertaking and the contarct labour are working in the employment of the principal employer(centarl undertaking), the minimum wages shall be paid as per the Central Goverment notification. Another twist to the issue may crop up whne the contractor undertakes the job of the principal employer at his (contarctor's) premises. Then in whose employment, the contract labour are deemed to be employed - contarctor's or principal employer's. Each view seems to have it's own valid grounds.I have not come across any case law specifically covering the situation like this.The prudent view seems to be that when both state government and centarl government notify minimumwages in respect of the same employment, it is better to pay the higher of the two. This is only a view on the issue. Others may have their own views
B.Saikumar
Mumbai
From India, Mumbai
I had a re-look at this issue. It is a vexatious question. If you peruse Minimum Wages Act, Sec.3 of the Act is the relevant provision governing the issue. Sec.3 says that the apropriate government can fix minimum wages in respect of employments specified in the Schedule to the Act. It spells out two key factors to determine the issue as to payment of minimum wages namely 1) the appropariate government and 2) employment in which the contract labour are employed. Now the issue gains complexity when a contractor is registered under the State's Shops and Establishments Act and supplies contract labour to a central undertaking because the appropraite governments for the contarctor and for the principal employer are different.Thus two views are heard on this issue. One view maintains that since the contractor is registered under Shops and Establishments Act and the contract labour are the employees of the contarctor, the minimum wages notified by the State Government shall be paid. Another view is that even though the contract labour are the employees of the contractor, since the contractor has got labour license for employment in the central undertaking and the contarct labour are working in the employment of the principal employer(centarl undertaking), the minimum wages shall be paid as per the Central Goverment notification. Another twist to the issue may crop up whne the contractor undertakes the job of the principal employer at his (contarctor's) premises. Then in whose employment, the contract labour are deemed to be employed - contarctor's or principal employer's. Each view seems to have it's own valid grounds.I have not come across any case law specifically covering the situation like this.The prudent view seems to be that when both state government and centarl government notify minimumwages in respect of the same employment, it is better to pay the higher of the two. This is only a view on the issue. Others may have their own views
B.Saikumar
Mumbai
From India, Mumbai
Dear Sandeep, Plz go through the attachment as per M.W Act, it will help u. In case of any doubt feel free to ask. Thanks/regards Ratikanta Rath
From India, Durgapur
From India, Durgapur
Dear Thanku very much Bur weather Stone crusing rate is consider for the mining workmen ? As you have the exposure in mines can you guide me on CMPF isuue. THanks & Regards,
Dear Sandeep,
R u asking about manual stone crushing or stone quarry.if Workers engaged in Stone Mines for Stone Breaking and Stone Crushing then as per schedule 2 it will be applicable and if u r organization is doing any mining activities in stone quarry then schedule 7 will be applicable.
Can u tell more about CMPF ??
Thanks/regards
Ratikanta Rath
From India, Durgapur
R u asking about manual stone crushing or stone quarry.if Workers engaged in Stone Mines for Stone Breaking and Stone Crushing then as per schedule 2 it will be applicable and if u r organization is doing any mining activities in stone quarry then schedule 7 will be applicable.
Can u tell more about CMPF ??
Thanks/regards
Ratikanta Rath
From India, Durgapur
Dear Ratikanta,
Thnaks lots
Actualy we having coal mines in Maharashtra State,and engaged one contrcator for Overburden removal and some contratual staff for Dispatch and general clerical jobs
So i want to no want should be the minimum wages for them.
2. It is came to our knowledge that these employees will convered under Coal Mines provident Fund act . As I have idea baout the Employee's Provident Fund But nothing about Coal Mines Provident Fund. Hence your requested to send the details if you have
Thanks & Regards,
Thnaks lots
Actualy we having coal mines in Maharashtra State,and engaged one contrcator for Overburden removal and some contratual staff for Dispatch and general clerical jobs
So i want to no want should be the minimum wages for them.
2. It is came to our knowledge that these employees will convered under Coal Mines provident Fund act . As I have idea baout the Employee's Provident Fund But nothing about Coal Mines Provident Fund. Hence your requested to send the details if you have
Thanks & Regards,
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Delhi - Minimum Wages w.e.f. 01.10.2012 (1).pdf
Minimum Wages in Maharashtra for the period January 2018 to June 2018.xls