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nanu1953
337

Dear Ranjeet,
Answer to your 1st question is YES .
Answer to your 2nd question the employer may or may not contribute on higher basic rather restrict up to 15,000/- Basic but employee voluntarily may contribute more.
Thanks & Regards,
S K Bandyopadhyay ( WB, Howrah)


From India, New Delhi
akm_mish
Hi all Do we have to consider contract labour as an 'employee' under Code on wages ? Thanks and regards
From India, Calcutta
ssushr
24

In code on Wages there are two separate definitions of 'Contract Labour' and 'Employee' Contract Labour definition is same as mentioned in earlier Contract Labour (R & A) Act but the definition of Contract Labour in Code on wages has taken out the workers from the definition of Contract Labour who are in regular appointment and given increment and social security benefits. The said contract labours who are regularly appointed and getting increment and social security are employees of the contractor but not contract labours. To explain further with the example, the IBM or such a big companies are taking contract from Banks for development of their soft ware and depute 300 to 500 employees in the premises of Bank under a contract. As per earliler definition of contract labour definitely they are under the ambit of definition of 'contract labour' but with the exclusion part mentioned in the definition of 'contract labour' such big companied need not to take labour licence and need not to follow the sections/ rules applicable to the contract labours.
From India, Pune
akm_mish
Thanks actually I meant that at the end of Principal Employer whether the contract labour will be considered to treated as one of employee? regards
From India, Calcutta
shobhit-kumar-mittal
50

Penalty under Industrial Code 2020 for unlawful lay - off or retrenchment is Rs 1,00,000/- to 10,00,000/-. For subsequent offence, the penalty is Rs 5,00,000/- to 20,00,000/- and imprisonment upto 6 months
From India, Faridabad
shobhit-kumar-mittal
50

Under the IR Code 2020, the process of adjudication of disputes is complicated. The decision of Tribunal shall be by consensus of the members. If there is difference of opinion between the members, the matter will be referred to the appropriate government. The approprate government shall appoint a judicial member of other Tribunal, who shall hear the point(s) himself and such points shall be decided according to the majority of the members of the Tribunal, who have first heard the case, including the judicial member of the other Tribunal who heard the case thereafter.
From India, Faridabad
ssushr
24

Important changes in Code on Wages
1. Wider definition of appropriate govt.
2. 50 % allowances to be part of wages for Gratuity /PF
3. Removal of Ceiling limit of wage for claiming unpaid wages under Payment of Wages Act. Earlier it was restricted to Rs. 24,000/- many employees whose wages were not paid by the employer were unable to file claim case under Payment of Wages Act.
4. Limitation period for filing of claim is increased from six months to three years.
5. National Floor Wage.
6. Appellate Authority provision inclued in hearing of claim cases under Minimum Wages Act and Payment of wages Act earlier appeal was to be filed before High court.
7. Powers to officer of Labour Department to impose fine in first offence after hearing of parties.
8. Compounding of offences before filing prosecution or after filing prosecution. Employer's need not to appear before court. Cases can be disposed off by paying fine at Labour office.

From India, Pune
gauravbdwj
2

Dear All,
as per new wage code bill what whill be new salary structure , if some one is drawing this much of salary stracture/package monthly, CTC is 60 k per month
Basic 24000
HRA:12000
City Comp allowence: 7200
Uniform:3000
special allowence : 10146
Variable pay: 2500
kindly share the new structure so that his in hand will not decrease or effected as per new wage code bill,
Gratuity : 1154

From India
reena-barai
Dear All,
Will COW 2020 Impact from 01st April as I cannot find any notification instead a draft code notification is found in the website.
If any one can help me out.
Should we calculate the salary structure accordingly or should I wait for Final notification.

From India, Indore
ssushr
24

The Rules on Code on Wages not yet notified and therefore the Code on Wages is not yet implemented.
From India, Pune
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