If HRA @5% of basic wages is paid over and above Minimum Wages, whether the employees will be covered under Minimum wages Act, 1948. Please clairy
From India, Madras
From India, Madras
Your question lacks clarity. Are you paying 5% over and above the statutory minimum wages? If so, then what is the issue? You are paying the minimum wages and something extra. If your query is whether paying wages like basic pay and HRA at 5% of basic pay complies with minimum wages regulations, I would say that if the sum of the basic wage and HRA equals the Basic and Variable Dearness Allowance as per the minimum wages notification, then you are compliant with the Minimum Wages Act.
From India, Kannur
From India, Kannur
Thank you for the clarification. The clarification I sought was if the Principal Employer/Contractors pay the applicable minimum wages and, over and above the MW wages, the PE/Contractor also pays HRA at 5% of Basic + VDA (under the Maharashtra Workmen's Minimum House Rent Allowance Act, 1983). Will the employees not be covered under the MW Act, 1948?
From India, Madras
From India, Madras
When already you are paying the applicable minimum wages and the HRA is over and above the minimum wages the question of non compliance of Minimum Wages Act will not arise. Then what is the issue?
From India, Kannur
From India, Kannur
All the workmen who are working in the scheduled industries need to follow the wages not lesser than the minimum wages act. If at all paying wages (Basic & DA) over and above minimum wages, then there is no non-compliance. In Maharashtra, if engaging more than 50 workmen, then you need to pay HRA minimum of 5% on the wages. If paying more than the prescribed HRA, then it is welcome.
From India, Bangalore
From India, Bangalore
Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.