Hi All, I want to know that if our organization is established in Noida, UP. But our employee will work in Delhi.
Will minimum wages be applicable according to Delhi or Noida?
Kindly reply asap its urgent.
From India, Delhi
12Will minimum wages be applicable according to Delhi or Noida?
Kindly reply asap its urgent.
From India, Delhi
Dear Swatisri,
Under labor jurisprudence, place of employment of the employee decides territorial jurisdiction for the application of any employment aspects like holidays, wages, legal forum for grievance redressal etc.
Therefore, irrespective of where the corporate or head office of the employer is located, the minimum wages applicable to the usual place of employment only would be applicable. In your case, the Delhi minimum wages would only be applicable to an employee who normally works there.
From India, Salem
Under labor jurisprudence, place of employment of the employee decides territorial jurisdiction for the application of any employment aspects like holidays, wages, legal forum for grievance redressal etc.
Therefore, irrespective of where the corporate or head office of the employer is located, the minimum wages applicable to the usual place of employment only would be applicable. In your case, the Delhi minimum wages would only be applicable to an employee who normally works there.
From India, Salem
Since there is substantial difference in the minimum wage of Delhi and that of Noida (U.P.), if the employee is required to work at both Places i.e. at Noida as well as Delhi, then you can pay the wages of U.P.
- S.K. Mittal
9319956443
From India, Faridabad
- S.K. Mittal
9319956443
From India, Faridabad
Dear Swatisri@123,
It would be better if you shared more clarification regarding :-
1. What type of job the employees do in Delhi?
2. Whether it is field job or fixed at any particular place in Delhi?
3. Who and how their activities are controlled?
4. Whether employees go at other places (states) as well?
5. Where their attendance is marked?
On basis of your limited information Umakanthan sir has well explained the applicability of MW.
I do not fully agree with MR S.K. Mittal suggestion that since Delhi MW is high and employees worked on both places, so you can apply UP Minimum Wages.
As a Manager-HR we try to figure out cost optimized payout, but that should not be done by abolishing the statutory obligations.
As per my opinion, if the employees randomly go at different places in Delhi and their activities are controlled centrally from NOIDA (or somehow it can be presented-proved) then you can adopt UP Minimum Wages. You have to be cautious in making and presenting the records. Otherwise it can create troubles.
But if they are working on any fixed place (client office / places as per company service contract) in such case you have to follow Delhi MW.
From India, Delhi
It would be better if you shared more clarification regarding :-
1. What type of job the employees do in Delhi?
2. Whether it is field job or fixed at any particular place in Delhi?
3. Who and how their activities are controlled?
4. Whether employees go at other places (states) as well?
5. Where their attendance is marked?
On basis of your limited information Umakanthan sir has well explained the applicability of MW.
I do not fully agree with MR S.K. Mittal suggestion that since Delhi MW is high and employees worked on both places, so you can apply UP Minimum Wages.
As a Manager-HR we try to figure out cost optimized payout, but that should not be done by abolishing the statutory obligations.
As per my opinion, if the employees randomly go at different places in Delhi and their activities are controlled centrally from NOIDA (or somehow it can be presented-proved) then you can adopt UP Minimum Wages. You have to be cautious in making and presenting the records. Otherwise it can create troubles.
But if they are working on any fixed place (client office / places as per company service contract) in such case you have to follow Delhi MW.
From India, Delhi
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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