Salient features of minimum wages act 1948 pdf salient features of minimum wages act 1948 pdf. To ensure a secure and adequate living wage for all laborers in the interest of the public. In this act, unless there is anything repugnant in the subject or context, i employee means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a. Act 11 of 1948 the minimum wages bill having been passed by the legislature received its assent on 15th march, 1948. Factory act 1948 compleet lecture in hindi duration. The bill provides that the central government will fix minimum wages for certain sectors, including railways and mines, while the states would be free to set minimum wages for other category. Minimum rate of wages 1 any minimum rate of wages fixed or revised by the appropriate government in respect of scheduled employments under section 3 may consist of. The minimum wages act 1948 complete act citation 4304. The act is legally nonbinding but statutory, and payment of wages below the minimum wage rate is considered forced labor. Nov 24, 2017 salient features of minimum wages act 1948 some of the salient features of minimum wages act 1948 are as follows.
Important features of the minimum wages act 1948 blogger. The minimum wage consists of the basic wage and a number of allowances, e. In a welfare state the protection of the interests of the workers is one of the aims of legislation which is enacted in the labour field. Downloadsalient features of minimum wages act 1948 pdf. Both the governments central and state have to declare minimum wages for their sphere. Section 3 of this act says that notwithstanding anything contained in section 5 of the principal act of 1948 as applicable to state of madhya pradesh or any other provision contained therein in that behalf or any judgment, decree or order of any court to the contrary, the state can fix minimum rates of wages in respect of employment in items 2. The minimum wages act 1948 is a legislative labor law that stipulates wages for both skilled and unskilled laborers in india. The national commission on labour has described the passing of the act as landmark in the history of labour legislation in the country. Minimum wage is the lowest amount that an employer has to pay an employee and is stipulated on an hourly basis. Important features of the minimum wages act 1948 management. The proposed bill could result in a paradigm shift in the labour market operations considering the unique mandates in the code. This is in accordance with the code on wages, 2019. Labor laws made by the britishers were exploitative in nature.
Nov 21, 2019 this is in accordance with the code on wages, 2019. The minimum wages act, 1948 brought about a revolution in the employees wage systems because the relief provided in this act provides for complete protection from. Payment of wages below the minimum wage rate amounts to forced labour. Factories act, 1948 has been enacted to consolidate and amend the law regulating the workers working in the factories.
The minimum wages act, 1948, is an act to provide for fixing minimum rates of wages in certain employments. Jul 20, 2017 it is an act to provide for fixing minimum rates of wages in certain employments. Manner and procedure of fixing and revising minimum rates of wages. Constitutional validity of the minimum wages act, 1948. The payment of wages act, minimum wages act, payment of bonus act, and the equal remuneration act will stand repealed on such date as the central government may appoint. The minimum wages act, 1948 overtime working time free. Since the aim and object of the act is to safeguard the interest of workers and protect them from exploitation, the act prescribes certain standards with regard to. The term minimum wage has not been defined in the said act minimum wages act, 1948 the minimum wage is the lowest wage in the scale below which the efficiency of a worker is likely to be inspired. Xi of 1948 15 march 1948 an act to provide for fixing minimum rates of wages in certain employments whereas it is expedient to provide for fixing minimum rates of wages in certain employments. Reasons for the need of enactment of the minimum wages act 1948.
Minimum wages are set through government legislation in the united states u. Salient features of the minimum wages act, 1948 krishnapalmalik. Salient features the act requires that wages shall be paid in cash. The minimum wages act, 1948 lays down the legal provision for fixation and enforcement of the minimum wage in certain scheduled employments in india for both skilled and unskilled labor. For the fixation of minimum wages, the employment must have been in schedule originally 01 added to the schedule by a notification under section 27 of the act. Definition the minimum wages act, 1948 is based on article 43 of the constitution of india which states that, the state shall endeavor to secure by suitable legislation or economic organization or in any other way to all workers, agricultural, industrial or otherwise, work, a living wage emphasis added. The constitutional validity of the minimum wages act, 1948. Minimum wages act, 1948 11 of 1948 an act to provide for fixing minimum rates of wages in certain employments. Object, constitutional validity and salient features of. The appropriate government may add any employment to the list if there are.
Wage fixing authorities have been guided by the norms prescribed by the fair wage committee in the settlement of issues relating to wage fixation in organised industries. The act contemplates that minimum wages rates must ensure for him not only his subsistence and that of his family but also preserve his efficiency as a workman. It came on the statute book as the minimum wages act, 1948 11 of 1948. In spite of being nonbinding from a legal perspective, it is statutory in nature. Background the complexity and rigidity of indian labor laws are a major impediment to investments and growth of business in india. The minimum wages at, 1948 seeks to protect the interest of the workers in the sweated industries. Employment in residential hotel, restaurant or eating house as defined in the bombay shops and establishments act, 1948 bombay act 79. It is an act to provide for fixing minimum rates of wages in certain employments. Jan 21, 2011 c the act lays down that wages shall be paid in cash although it empowers the appropriate government to authorize the payment of minimum wages either wholly or partly in kind in particular cases. Sep 27, 2014 click the following link to download my mobile application click the following link to buy my video classes. Click the following link to download my mobile application click the following link to buy my video classes. The act provides for fixing minimum rates of wages and applies to every person who is employed or hire or reward to do any work skilled or unskilled, manual or clerical in an employment specified in the schedule and in respect of which minimum rates of. Jun 25, 2012 the minimum wages act, 1948 fixation of minimum rates of wages working hours and determination of wages and claims the factories act its essential features safety, health and welfare measures the contract labour regulation and abolition act, 1970 its object and its essential features.
It was enacted in the year 1948 and hence called minimum wages act 1948. The new code will amalgamate the payment of wages act, 1936, the minimum wages act, 1948, the payment of bonus act, 1965, and the equal remuneration act, 1976. The proposed bill seeks to merge 4 acts, namely payment of wages act of 1936, the minimum wages act of 1949, the payment of bonus act of 1965, and the equal remuneration act of 1976. The proposed bill could result in a paradigm shift in the labour market. Effects of the commencement of minimum wages act 1948. Cabinet approves code on wages bill the economic times. An act to provide for fixing minimum rates of wages in certain employments. In a welfare state the protection of the interests of the workers is one of the aims of legislation which is. Object, constitutional validity and salient features of minimum. To ensure that the employee can have the basic physical needs, good health and a level of comfort. Jul 03, 2019 the code on wages will replace the payment of wages act, 1936, minimum wages act, 1948, payment of bonus act, 1965, and the equal remuneration act, 1976. Minimum wages act 1948 objectives, components, case laws.
It extends to whole of india and applies to every factory wherein 20 or more workers are ordinary employed. This article contains provisions of the minimum wages act, 1948 in detail along. Jun 23, 2015 minimum wages act 1848, fully explained. Elaboration on the procedures contained in the minimum wages. Introduction to minimum wages act 1948 video1 for cs. Oct 06, 20 the minimum wages act 1948, was to secure the welfare of unorganised workers in certain industries by fixing the minimum rates of wages. Minimum wages act 1948 schedule i citation 3255 bare act.
The minimum wages act 1948 is an act of parliament concerning indian labour law that sets the minimum wages that must be paid to skilled and unskilled labours the indian constitution has defined a living wage that is the level of income for a worker which will ensure a basic standard of living including good health, dignity, comfort, education and provide for any contingency. Object, constitutional validity and salient features of minimum wages. The constitutional validity of the minimum wages act,1948, need and necessity, case laws and validity. Provided that where any wageperiods have been fixed under section 4 of the payment of wages act 1936 4 of 1936 minimum wages shall be fixed in accordance therewith. Minimum wages act 1948 came into force in india when india had recently gained its freedom. It was held that the constitutional validity of the minimum wages act, 1948 would not be doubted also the hardship caused to the employers by the wages fixed under the act were irrelevant considerations in. In section 11 of the minimum wages act, 1948 for subsection 1, the following subsection shall be substituted, namely 1 every employerowner of industrial or other establishment shall make payment of wages to his employee through cheque or n. There was no such thing as minimum wages and times were pretty bad for sweat labor. Elaboration on the procedures contained in the minimum. The minimum wages act, 1948 brought about a revolution in the employees wage systems because the relief provided in this act provides for complete protection from exploitation of manual labour at the workplace.
Effects of the commencement of minimum wages act 1948 wage. Minimum wages act 1948 international labour organization. The minimum wages act 1948 is an act of parliament concerning indian labour law that sets the minimum wages that must be paid to skilled and unskilled. The minimum wages act, 1948 was set up with the aim of providing atleast minimum wages to the workers. The code on wages will replace the payment of wages act, 1936, minimum wages act, 1948, payment of bonus act, 1965, and the equal remuneration act, 1976. To provide minimum wages to the workers working in. Minimum wages act, 1948 over the years, in a country like india, except certain highly organized industries, the labour as a whole was not able to put a face of collective bargaining and look after their own interests. Features minimum wage debate across china, india, and vietnam. Free pdf download i have an it guy at work who is taking a look at it. It was held that the constitutional validity of the minimum wages act, 1948 would not be doubted also the hardship caused to the employers by the wages fixed under the act were irrelevant considerations in fixing the wages. The constitutional validity of the minimum wages act,1948.
India introduced the minimum wages act in 1948, giving both the central government and state government jurisdiction in fixing wages. The act applied to certain employments listed in the schedule. Thus, minimum wages act, 1948 was enacted in the country with the objective. Minimum wages act 1948 gave jurisdiction to both the central and state government in fixing wages. In exercise of the powers conferred by section 30 of the minimum wages act, 1948 11 of 1948, the central government is pleased to make the following rules, the same having been previously published as required by the said section, namely.
An act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision. Wage fixing authorities have been guided by the norms prescribed by the fair wage committee in the settlement of issues relating to wage fixation in. The minimum wages act, 1948 free download as powerpoint presentation. Minimum wages act, 1948 minimum wages act, the payment of bonus act. The act has some salient features, let us have a look at them. The minimum wage includes not only the bare physical necessities but also a modicum of comfort otherwise known as conventional necessities. Salient features of the minimum wages act bizfluent. The appropriate government may add any employment to the list if there are workers are working in that state. Salient features of minimum wages act 1948 some of the salient features of minimum wages act 1948 are as follows.
Code on wages, 2019 key features and highlights employment. The minimum wages act was passed in 1948 and it came into force on 15th march, 1948. Wages were low and different in every part of the country. The central government will make wagerelated decisions for. Evolution of minimum wages act 1948 legal service india. The act contemplates that minimum wages rates must ensure for him not only his subsistence and that of. The constitutional validity of the minimum wages act, 1948, need and necessity, case laws and validity. The minimum wages act 1948 came into existence to safeguard the interests of the workers engaged in the unorganized sector. Definition the minimum wages act, 1948 is based on article 43 of the constitution of india which states that, the state shall endeavor to secure by suitable legislation or economic organization or in any other way to all workers, agricultural, industrial or otherwise, work, a living wage emphasis. Important features of the minimum wages act 1948 an act to provide for fixing minimum rates of wages in certain employments. Components of the minimum wage minimum wage government. Whereas it is expedient to provide for fixing minimum rates of wages in certain employments.
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