How an employer of an industry can adopt a suitable Scheduled employment when there are two or more similar employments in the schedule or applicable to the industry?
From India, Chennai
10From India, Chennai
I again clearly put forward my question. How the employer of an industry can adopt a suitable scheduled employment for wages to his workers out of different employments when 70% of categories in one employment and 50% of categories in other employment and 30% in another employment matches the categories of his industry?
From India, Chennai
From India, Chennai
You will have to pay the highest MW applicable or the appropriate MW as notified by the Govt. It is advisable to pay the highest MW so that all the employees will feel happy that they are being taken care well by the Management.
Regards
N Nataraajhan, Sakthi Management Services (HP : + 91 94835 17402 ; e-mail :
)
From India, Bangalore
Regards
N Nataraajhan, Sakthi Management Services (HP : + 91 94835 17402 ; e-mail :
From India, Bangalore
Dear Kesav,
I think that your own interpretation of the term " employment " has given rise to this question. Employment does not indicate just the designation of the job or nature of the activity to be performed by a hired person in isolation of the industry. On the contrary, here under the Minimum Wages Act, though not separately defined, the term "employment " refers to the " scheduled employment " as defined u/s 2(g) of the Act only. So, there can not be any hypothetical situation as you have described.
From India, Salem
I think that your own interpretation of the term " employment " has given rise to this question. Employment does not indicate just the designation of the job or nature of the activity to be performed by a hired person in isolation of the industry. On the contrary, here under the Minimum Wages Act, though not separately defined, the term "employment " refers to the " scheduled employment " as defined u/s 2(g) of the Act only. So, there can not be any hypothetical situation as you have described.
From India, Salem
Thank you for offering your opinion. My question is which G.O. representing the schedule of employment is to be adopted for my unit, whether the G.O. which covers 70% of the employees of our unit or 50% or 30%? Of course I know that I am not entitled to lessen the wages already being paid to the existing workers. But, to show to the world at large, which G.O. is made applicable to my industrial unit? Supposing I got fifteen categories of workers in my unit. Do you want me to compare a category in all the three schedule of employment GOs. and pick up the wage which is higher in all of the three? should I continue it to all the 15 categories? In such case, what could be my answer if anybody inquires about what G.O. of wages I made applicable to my unit?
From India, Chennai
From India, Chennai
What is the nature of Industry for which you had obtained the licence from the Factory Inspectorate ?. Do you have only one Factory employing different categories of workers or separate Factories ?.
Regards
N Nataraajhan, Sakthi Management Services (HP : + 91 94835 17402 ; e-mail :
)
From India, Bangalore
Regards
N Nataraajhan, Sakthi Management Services (HP : + 91 94835 17402 ; e-mail :
From India, Bangalore
It is a factory manufacturing various engineering spares required for four wheelers, tractors, diesel engine pumpsets and many more, where fitters, welders, machinists, lathe workers etc are working. The narrated categories are found place in the Scheduled employments viz. 1) Metal foundaries and Genl. Engineerings 2) Automobile Engineerings including work shops and 3) Any manufacturing processes of 2(m)(1) and 2(m)(2) of factories. 70% of our employed categories occupies in the G. O fixed for Sl. No.1 employment. 50% matches with the empt. in Sl.No.2 and 30% matches with the 3rd employment. Out of all these the third employment G.O. is attracted by the workers as higher Minimum rate of wages for all the categories fixed in it. Now tell me according to you shall I apply the 3rd one for my unit? If your reply is in affirmative, how can you justify your answer, what support can be taken from the statute or any judgment for your justification?
From India, Chennai
From India, Chennai
I feel appreciated if shri Umakanthan go through it and offer his valuable opinion. What would be his suggestion if a similar situation arises for application of a particular G.O. to this unit?
From India, Chennai
From India, Chennai
You have not specified the nature of Industry for which you have obtained Factory licence. Pl also mention the State where your Factory is established. As regards the second category, it mainly involve repair work and there may not be much manufacturing activity and there may not be separate MW notified for the direct workers of the third category and therefore you will come under the first category.
N Nataraajhan, Sakthi Management Services (HP : + 91 94835 17402 ; e-mail :
)
From India, Bangalore
N Nataraajhan, Sakthi Management Services (HP : + 91 94835 17402 ; e-mail :
From India, Bangalore
My dear Kesav Panda,
The answer to your latest query is very simple. Employments are scheduled under the Minimum Wages Act,1948 based on the predominant activity of the industry only. For example, take the employment in Public Motor Transport - in this industry running staff comprises of drivers, conductors, checking inspectors, office staff comprises of clerk, typist ,peon and maintenance staff comprises of machanic, fitter, welder, electrician. Some of these posts can be in any other industry. Therefore, you have to take the rates of minimum wages to such of the specific employments or jobs or categories of workmen fixed in the G.O applicable to your industry. No necessity to compare with the rates fixed for such/same employments in other industry. If any particular employment is not mentioned it will fall into " any other category" mentioned in the G.O.
From India, Salem
The answer to your latest query is very simple. Employments are scheduled under the Minimum Wages Act,1948 based on the predominant activity of the industry only. For example, take the employment in Public Motor Transport - in this industry running staff comprises of drivers, conductors, checking inspectors, office staff comprises of clerk, typist ,peon and maintenance staff comprises of machanic, fitter, welder, electrician. Some of these posts can be in any other industry. Therefore, you have to take the rates of minimum wages to such of the specific employments or jobs or categories of workmen fixed in the G.O applicable to your industry. No necessity to compare with the rates fixed for such/same employments in other industry. If any particular employment is not mentioned it will fall into " any other category" mentioned in the G.O.
From India, Salem
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