Dear Sir/Madam,
I am working in a real estate firm. Please guide me if my company's documentation is done in Delhi for PF & ESIC, but now the company's headquarters are located in Gurugram, Haryana, and our sites are in Rajasthan where all the labor is working. In that case, which minimum wages should we follow - Delhi, Haryana, or Rajasthan?
From India, undefined
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I am working in a real estate firm. Please guide me if my company's documentation is done in Delhi for PF & ESIC, but now the company's headquarters are located in Gurugram, Haryana, and our sites are in Rajasthan where all the labor is working. In that case, which minimum wages should we follow - Delhi, Haryana, or Rajasthan?
From India, undefined
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Site offices should obtain subcodes of ESIC, EPF, PT, etc., and register the employees side by side to avail state-based minimum wage implementation. If the control is done centrally, then site workers would be treated as inter-state migrant workers and would come under the Central Wages Act.
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@Glidor,
In my opinion, minimum wages are applicable for site workers where they are deployed. However, if any head office (HO) employee is temporarily posted at the site or branch office, their wages can be considered as per the HO State Act.
Whether the minimum wages applicable are under the Central or State jurisdiction depends on who the Appropriate Government is for the establishment or contract. The same point will be applicable under the Contract Labour Act.
@Hr@Berry,
When processing site workers' wages, please mention the site name (location with State Name) so that in case of any inspection at your HO, you can easily clarify the point.
Senior members, please provide more insights on the matter and correct me.
From India, Delhi
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In my opinion, minimum wages are applicable for site workers where they are deployed. However, if any head office (HO) employee is temporarily posted at the site or branch office, their wages can be considered as per the HO State Act.
Whether the minimum wages applicable are under the Central or State jurisdiction depends on who the Appropriate Government is for the establishment or contract. The same point will be applicable under the Contract Labour Act.
@Hr@Berry,
When processing site workers' wages, please mention the site name (location with State Name) so that in case of any inspection at your HO, you can easily clarify the point.
Senior members, please provide more insights on the matter and correct me.
From India, Delhi
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@Pan Singh, if the establishment opts to get a sub-code in the state of the site, then the state-based minimum wage is applicable. Site deputation from the central office is for a short period, and the employee has to report back to the HO after the deputation. This point is missing in the post. If the payroll management and compliance are done centrally, then it would be an interstate migrant employee.
Hope you can read it once again with all the facts mentioned.
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Hope you can read it once again with all the facts mentioned.
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Dear Glidor (HR Consultant),
On deeply going thru the word to word query raised by the poster and our inputs. For our better understanding I would like to share below one to one inputs.
1. I think there is not link of taking Sub Code and paying Minimum Wages. Even if any establishment don’t take any sub code (or even not registered under PF-ESI), still MW has to be followed as per applicable laws.
2. I have also mentioned if any HO person visit the site/branch office than he/she will be paid as per HO State Act.
3. As per my opinion there is no link of making Payroll-Compliance centrally and implementation of MW Act. If the establishment comes under the preview of Minimum Wages Act, than same has to be followed either the Payroll done centrally or locally.
4. Moreover the poster raised query which state minimum wages will be applicable to the site people located in Rajasthan. He did not asked for Inter State Migrant, Sub Code etc.
In short the Minimum Wages as applicable in Rajasthan State (Appropriate Govt.) will be applicable to the site worker. In r/o people working in Delhi, the Delhi State MW will applicable and in r/o people working in HO (Gurugram), Haryana Minimum Wages will be applicable.
In this case there is no link of Inter State Migrant Worker, ESI-PF Sub Code, Payroll managed centrally-locally.
I would like to hear valued comment from Mr Umakanth, Mr Madhu, Mr Dines Divekar and other senior members.
From India, Delhi
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On deeply going thru the word to word query raised by the poster and our inputs. For our better understanding I would like to share below one to one inputs.
1. I think there is not link of taking Sub Code and paying Minimum Wages. Even if any establishment don’t take any sub code (or even not registered under PF-ESI), still MW has to be followed as per applicable laws.
2. I have also mentioned if any HO person visit the site/branch office than he/she will be paid as per HO State Act.
3. As per my opinion there is no link of making Payroll-Compliance centrally and implementation of MW Act. If the establishment comes under the preview of Minimum Wages Act, than same has to be followed either the Payroll done centrally or locally.
4. Moreover the poster raised query which state minimum wages will be applicable to the site people located in Rajasthan. He did not asked for Inter State Migrant, Sub Code etc.
In short the Minimum Wages as applicable in Rajasthan State (Appropriate Govt.) will be applicable to the site worker. In r/o people working in Delhi, the Delhi State MW will applicable and in r/o people working in HO (Gurugram), Haryana Minimum Wages will be applicable.
In this case there is no link of Inter State Migrant Worker, ESI-PF Sub Code, Payroll managed centrally-locally.
I would like to hear valued comment from Mr Umakanth, Mr Madhu, Mr Dines Divekar and other senior members.
From India, Delhi
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(Fact Checked)-The user reply contains accurate information regarding the applicability of minimum wages based on the location of site workers and the establishment's appropriate government. No corrections needed. Well done! (1 Acknowledge point)