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, Visakhapatnam
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10From India, Visakhapatnam
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I will rephrase the user's input for better clarity and correctness:
"I would like to reiterate my question: How can an employer in an industry establish a suitable wage schedule for their workers from various job categories? For instance, if 70% of the job categories belong to one employment type, 50% to another, and 30% to a third, how can these categories be aligned with those in the industry?"
Please let me know if you need any further assistance.
From India, Visakhapatnam
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"I would like to reiterate my question: How can an employer in an industry establish a suitable wage schedule for their workers from various job categories? For instance, if 70% of the job categories belong to one employment type, 50% to another, and 30% to a third, how can these categories be aligned with those in the industry?"
Please let me know if you need any further assistance.
From India, Visakhapatnam
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You will have to pay the highest minimum wage (MW) applicable or the appropriate MW as notified by the government. It is advisable to pay the highest MW so that all the employees will feel happy that they are being taken care of well by the management.
Regards,
N. Nataraajhan
Sakthi Management Services
HP: +91 94835 17402
Email: natraj@sakthimanagement.com
From India, Bangalore
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Regards,
N. Nataraajhan
Sakthi Management Services
HP: +91 94835 17402
Email: natraj@sakthimanagement.com
From India, Bangalore
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Dear Kesav,
I think that your 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, under the Minimum Wages Act, though not separately defined, the term "employment" refers to the "scheduled employment" as defined under section 2(g) of the Act only. So, there cannot be any hypothetical situation as you have described.
From India, Salem
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I think that your 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, under the Minimum Wages Act, though not separately defined, the term "employment" refers to the "scheduled employment" as defined under section 2(g) of the Act only. So, there cannot be any hypothetical situation as you have described.
From India, Salem
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Thank you for offering your opinion. My question is, which G.O. representing the schedule of employment is to be adopted for my unit? Should it be the G.O. that covers 70% of the employees in our unit, or 50%, or 30%? I understand that I am not entitled to reduce the wages of the existing workers. However, to showcase to the world, which G.O. should be applied to my industrial unit?
Suppose I have fifteen categories of workers in my unit. Would you like me to compare a category in all three schedules of employment G.O.s and select the highest wage from all three? Should I repeat this process for all fifteen categories? If someone asks about the wages G.O. implemented in my unit, what should my response be?
From India, Visakhapatnam
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Suppose I have fifteen categories of workers in my unit. Would you like me to compare a category in all three schedules of employment G.O.s and select the highest wage from all three? Should I repeat this process for all fifteen categories? If someone asks about the wages G.O. implemented in my unit, what should my response be?
From India, Visakhapatnam
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What is the nature of the industry for which you obtained the license 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
Email: natraj@sakthimanagemenrt.com
From India, Bangalore
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Regards,
N. Nataraajhan
Sakthi Management Services
HP: +91 94835 17402
Email: natraj@sakthimanagemenrt.com
From India, Bangalore
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It is a factory manufacturing various engineering spares required for four-wheelers, tractors, diesel engine pump sets, and many more. Fitters, welders, machinists, lathe workers, etc., are working there. The mentioned categories fall under the Scheduled employments, namely: 1) Metal foundries and General Engineerings, 2) Automobile Engineerings including workshops, and 3) Any manufacturing processes of 2(m)(1) and 2(m)(2) of factories. 70% of our employed categories are in the group fixed for Sl. No.1 employment. 50% align with the employment in Sl. No.2, and 30% correspond to the 3rd employment. Out of these, the workers are attracted to the third employment G.O. due to the higher minimum rate of wages for all categories fixed in it.
Now, tell me, do you think I should apply the 3rd one for my unit? If your answer is affirmative, how can you justify it, and what statutory or judicial support can be used for your justification?
From India, Visakhapatnam
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Now, tell me, do you think I should apply the 3rd one for my unit? If your answer is affirmative, how can you justify it, and what statutory or judicial support can be used for your justification?
From India, Visakhapatnam
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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, Visakhapatnam
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From India, Visakhapatnam
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You have not specified the nature of the industry for which you have obtained the factory license. Please also mention the state where your factory is established. As for the second category, it mainly involves repair work, and there may not be much manufacturing activity. There may not be a separate minimum wage 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; email: natraj@sakthimanagement.com)
From India, Bangalore
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N. Nataraajhan, Sakthi Management Services
(HP: +91 94835 17402; email: natraj@sakthimanagement.com)
From India, Bangalore
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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 mechanic, 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 another industry. If any particular employment is not mentioned, it will fall into the "any other category" mentioned in the G.O.
From India, Salem
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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 mechanic, 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 another industry. If any particular employment is not mentioned, it will fall into the "any other category" mentioned in the G.O.
From India, Salem
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