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Ratings Learn all about Minimum Wages Act with EAdvisors We all are aware of the fact that India, being a developing country is devoid of employment. Many of them are in search of jobs and are lacking a source of income. And may are among those who are employed yet are exploited by their employers. To allow worker/employees to have a source of income and to save them from being exploited the Minimum Wages Act 1948 has been established and enacted by the Central Legislative Assembly. The Minimum Wages Act is here to provide a fixed minimum wage rate which is really an appreciated approach that Government has taken up to fix the minimum wage rate and revise the minimum wage rate at the interval of every five years. Not only this, but the government is empowered to appoint an advisory committee to provide a justified representation of the employers as well employees. Let us go in dept knowledge to get a better clarity about The Minimum Wages Act, 1948. But before that it is important to go through the definition of the term “wages” as defined under the Minimum Wages Act. The term “wages” is defined in Section 2 of the Minimum Wages Act which states: – “wages” means every kind of remuneration that is capable of being expressed in terms of money which would if terms of the contract of employment express or implied, we fulfilled, be payable to a person employed in respect of his employment or of work done in such employment and include house rent allowance (HRA) but excludes: – The Minimum Wages Act 1948 is extended to whole of India and is introduced to provide a fixed minimum wage rate for certain employment. Except Jammu and Kashmir, it is applicable all over India. For every employment that has employed more than 100 employees in a state is compulsorily required to adopt the provisions of the Minimum Wages Act 1948. Also, if any undertaking is owned by the Central Government then there is no need to comply with the wage act. The purpose or we can say the main objective for which this act came into existence was: – The minimum rate of wage as declared by the appropriate Government in case of scheduled employment consist of: – The cost of living allowance and the cash value of the concessions in respect of supplies of essential commodities at concessional rate shall be computed by the competent authority at such intervals and as specified by the appropriate government. In case of schedule employment, the employer shall pay to every employee engaged in scheduled employment, wages at a rate not less than the minimum rates of wages fixed by the official notification for that class of employees in that employment. NOTE: It is to be noted that, nothing contained in this section shall affect the provision of the Payment of Wages Act 1936. For fixing the wages, the Central Government may fix: – Where the employer does not comply with the provisions of the Minimum Wages Act 1948 then, the provision of penalty shall be applicable on him. The employer who pay less than the minimum rate of wages shall be liable to imprisonment of up to 6 months or with fine up to Rs. 500. And where the employer contravenes the provision pertaining to fixing hours for normal working day then, imprisonment up to 6 months or fine up to Rs. 500 shall be applicable. Under the Minimum Wages Act, there is also a provision of general provision for punishment of other offences which states, if an employer has done a wrongful act that is not appropriate in the eyes of law and also no penalty is provided for it, then for that particular punishment he or she shall be charged with a fine which may extend to Rs. 500. As per Section 18 of the Minimum Wages Act 1948, there is a necessity to maintain some registers and records. Here is everything regarding the compliance of registers and records. To begin with, a register is required to be maintained by the employer containing particulars of employees employed by him, the work performed by him, the wages paid, the receipt given by them and other information as may be prescribed. In addition to it, the employer shall be regularly displaying in the factory, workshop or place where employee is working or in case of out workers, at the place of out-work given, a notice in the prescribed form containing prescribed particulars. Furthermore, the appropriate Government may, by rules made under this Act, provide for the issue of wage books or wage slips to employees employed in any scheduled employment in respect of which minimum rate of wages have been fixed and prescribe the manner is which shall be made and authenticated in such wage books or wage slips by the employer or his agent. We at EAdvisors are here with our professional services and experts to serve you. 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