Dear Ranjeet,
The answer to your 1st question is YES.
Regarding your 2nd question, the employer may or may not contribute a higher amount on the basic salary, typically restricted up to 15,000/-. However, employees can choose to contribute more voluntarily.
Thanks & Regards,
S. K. Bandyopadhyay (WB, Howrah)
From India, New Delhi
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409The answer to your 1st question is YES.
Regarding your 2nd question, the employer may or may not contribute a higher amount on the basic salary, typically restricted up to 15,000/-. However, employees can choose to contribute more voluntarily.
Thanks & Regards,
S. K. Bandyopadhyay (WB, Howrah)
From India, New Delhi
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Hi all Do we have to consider contract labour as an 'employee' under Code on wages ? Thanks and regards
From India, Calcutta
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From India, Calcutta
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In the Code on Wages, there are two separate definitions of 'Contract Labour' and 'Employee.' The Contract Labour definition is the same as mentioned in the earlier Contract Labour (R & A) Act. However, the definition of Contract Labour in the Code on Wages has excluded workers from the definition of Contract Labour who are in regular appointments and receive increments and social security benefits. The said contract labours who are regularly appointed, receive increments, and social security are employees of the contractor, not contract labours.
To explain further with an example, companies like IBM or other large corporations take contracts from banks for the development of their software and deploy 300 to 500 employees at the bank premises under a contract. Based on the earlier definition of contract labour, they would fall under the definition of 'contract labour.' But with the exclusion mentioned in the current definition of 'contract labour,' such large companies do not need a labour license and are not required to follow the sections/rules applicable to contract labours.
From India, Pune
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To explain further with an example, companies like IBM or other large corporations take contracts from banks for the development of their software and deploy 300 to 500 employees at the bank premises under a contract. Based on the earlier definition of contract labour, they would fall under the definition of 'contract labour.' But with the exclusion mentioned in the current definition of 'contract labour,' such large companies do not need a labour license and are not required to follow the sections/rules applicable to contract labours.
From India, Pune
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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
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From India, Calcutta
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Penalty under Industrial Code 2020 for unlawful lay-off or retrenchment is Rs. 1,00,000/- to Rs. 10,00,000/-. For a subsequent offense, the penalty is Rs. 5,00,000/- to Rs. 20,00,000/- and imprisonment up to 6 months.
From India, Faridabad
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From India, Faridabad
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Under the IR Code 2020, the process of adjudication of disputes is complicated. The decision of the Tribunal shall be by consensus of the members. If there is a difference of opinion between the members, the matter will be referred to the appropriate government. The appropriate government shall appoint a judicial member of the 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
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From India, Faridabad
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Important changes in the Code on Wages:
1. Wider definition of appropriate government.
2. 50% allowances to be part of wages for Gratuity/PF.
3. Removal of the ceiling limit of wage for claiming unpaid wages under the 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 a claim case under the Payment of Wages Act.
4. Limitation period for filing a claim is increased from six months to three years.
5. National Floor Wage.
6. Appellate Authority provision included in the hearing of claim cases under the Minimum Wages Act and Payment of Wages Act. Earlier, the appeal was to be filed before the High Court.
7. Powers to officers of the Labour Department to impose a fine in the first offense after the hearing of parties.
8. Compounding of offenses before filing prosecution or after filing prosecution. Employers need not appear before court. Cases can be disposed of by paying a fine at the Labour office.
From India, Pune
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1. Wider definition of appropriate government.
2. 50% allowances to be part of wages for Gratuity/PF.
3. Removal of the ceiling limit of wage for claiming unpaid wages under the 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 a claim case under the Payment of Wages Act.
4. Limitation period for filing a claim is increased from six months to three years.
5. National Floor Wage.
6. Appellate Authority provision included in the hearing of claim cases under the Minimum Wages Act and Payment of Wages Act. Earlier, the appeal was to be filed before the High Court.
7. Powers to officers of the Labour Department to impose a fine in the first offense after the hearing of parties.
8. Compounding of offenses before filing prosecution or after filing prosecution. Employers need not appear before court. Cases can be disposed of by paying a fine at the Labour office.
From India, Pune
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Dear All,
As per the new wage code bill, what will be the new salary structure if someone is currently drawing this salary structure/package monthly, with a CTC of 60k per month?
- Basic: 24000
- HRA: 12000
- City Comp Allowance: 7200
- Uniform: 3000
- Special Allowance: 10146
- Variable Pay: 2500
Kindly share the new structure so that the take-home pay will not decrease or be affected as per the new wage code bill.
Gratuity: 1154
Thank you.
From India
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As per the new wage code bill, what will be the new salary structure if someone is currently drawing this salary structure/package monthly, with a CTC of 60k per month?
- Basic: 24000
- HRA: 12000
- City Comp Allowance: 7200
- Uniform: 3000
- Special Allowance: 10146
- Variable Pay: 2500
Kindly share the new structure so that the take-home pay will not decrease or be affected as per the new wage code bill.
Gratuity: 1154
Thank you.
From India
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Dear All,
Will the COW 2020 Impact start from April 1st? I cannot find any notification; instead, a draft code notification is available on the website. Can anyone help me out? Should we calculate the salary structure accordingly, or should I wait for the final notification?
Thank you.
From India, Indore
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Will the COW 2020 Impact start from April 1st? I cannot find any notification; instead, a draft code notification is available on the website. Can anyone help me out? Should we calculate the salary structure accordingly, or should I wait for the final notification?
Thank you.
From India, Indore
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