What is the base wages of Employees Compensation Calculation, Can any one clarify?
Confusion arises after deletion of Explanation-II in Section -4 in 2009, when capping for calculation 4000 was deleted.
Afterwards 1(B) was inserted - under which the Central Govt. notified the such monthly wages in relation to employees for purpose of wage under sub-section -1. In 2010 it was 8000 and in 2020 it is 15000.
Then what is the basis- whether for purpose of calculation of compensation under EC Act- this 8000/15000 is the minimum/ maximum wages. If the the employee at the time of death was getting more than 20000/- then his actual wages to be taken for calculation or this capping wage 15000- which is Leagl.
There is cofusion in many cases Supreme Court as well as High Courts has decided in favour of actual wages when wage is more than capping.
I request all experts please guide.
1Confusion arises after deletion of Explanation-II in Section -4 in 2009, when capping for calculation 4000 was deleted.
Afterwards 1(B) was inserted - under which the Central Govt. notified the such monthly wages in relation to employees for purpose of wage under sub-section -1. In 2010 it was 8000 and in 2020 it is 15000.
Then what is the basis- whether for purpose of calculation of compensation under EC Act- this 8000/15000 is the minimum/ maximum wages. If the the employee at the time of death was getting more than 20000/- then his actual wages to be taken for calculation or this capping wage 15000- which is Leagl.
There is cofusion in many cases Supreme Court as well as High Courts has decided in favour of actual wages when wage is more than capping.
I request all experts please guide.
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