Object

The primary object of the Act is to prevent exploitation of the workers and for this purpose aims at fixation of rates of minimum wages which the employer must pay to his employees. The Act contemplates that payment of minimum wages rate must be ensured  so that the worker gets at least a minimum amount for his   subsistence. 
 

Enforcement Machinery

Labour Commissioner, Joint Labour Commissioner, Deputy Labour Commissioners, Labour Officers- cum- conciliation Officers & Labour Inspectors have been appointed as 'Inspector' for enforcement of the provision of this Act within their respective jurisdiction. All Labour Officers-cum-Conciliation Officers who are also the Commissioner for Workmen's Compensation have been declared 'Authority' to hear & decide all claims for any specified area.(section-19&20)

Once the minimum wages are notified the employer must pay to every employee engaged in a scheduled employment at that rate. (section-12)

The employer may make deductions out of wages as may be authorized. (section-12)

The employer shall pay overtime at double the ordinary rate of wages for the period of work done beyond nine hours on any day or 48 hours in any week or for rest day.(section-14)

The employer must pay minimum wages in cash unless the Govt. authorizes their payment wholly or partly in kind. (section-11)

The employer shall fix wage period for the payment of wages at intervals not exceeding one month. (section-13)

The employer shall pay wages on a working day within seven days of the end of wage period or within 10 days if 1000 or more persons are employed in an establishment. (section-12)

The employer shall pay the wages to a person discharged not later than the second working day after his discharge. (section-12)

(a) If an employer is employed on any day for a period less than the normal working day he shall be entitled to receive wages for a full normal working day provided his failure to work is not caused by his unwillingness to work.(section-13)

The employer shall fix working days of an adult worker for a maximum period of nine hours a day but not exceeding 12 hours on any day. (section-13) 

The employer shall allow a rest day with wages to the employees every week.(section-13)

A substituted rest day must be allowed with wages , if the work is being done on a day fixed as rest day. (section-13)

Every employer shall maintain at the work spot a prescribed register of wages.(Rule-5)Every employer shall issue wage-slips.(Rule-26)(2))

* The employer or his agent should authenticate the entries in the wage-register and wage slips. (Rule-26(4))

Every employer shall get the signature or the thumb impression of every person employed on the wage-slips & register of wages. (Rule-26(3))

* The employer intending to impose a fine on an employed person or to make deductions for damage or loss caused by him shall inform personally and in writing to him giving an opportunityto offer any explanation in the presence of another person. (Rule-21)

* Fines may be imposed on the grounds of absence from duty without leave, negligence in work or neglect of work, smoking on the work place , breach of any rules or instructions, damages to any property, distributing or exhibiting on the premises handbills, pamphlets or posters and misconduct etc. (Rule-21)

* Authorized deductions such as absence from duty, damage to or loss of goods, house accommodation, authorize amenities & services, recovery of advances, income-tax, provident-fund, instalments of cooperative societies & scheme of insurance, or any deduction on the order of competent court etc. are made from the wages. (Rule-21)

* The amount of the fine or deduction for damage or loss shall be intimated to the employee. (Rule-21)

*All fines imposed and deductions made shall be recorded  in the prescribed register. The Register of Wages,fines,Damage,advances & deductions shall be maintained in Form-X. (Rule 21(4)&26(5))

A muster roll shall be maintained by every employer & kept in the Form- V(MW) (Rule-26)

Register of overtime payment should be maintained in Form- IV(MW) (Rule-25)

* Every employer shall preserve all registers for a period of three years after the date of last entry made therein. (Rule-26-B)

The employer shall produce all such register & record on demand before the Inspector. (Rule-26-C)

The employer shall exhibit at main entrance of the establishment the abstracts of the Act & rules made there under & a notice in respect of minimum rates of wages & the name & address of the Inspector in English and local language in prescribed form.

Any claims arising out of payment of less than the minimum rates of wages or in respect of the payment of remuneration for days of rest or for work done on such days or of wages at the overtime rate may approach to the Authority.(section-20)

An Application by or on behalf of an employed person or group of employed persons or any legal practitioner or any official of a registered trade-union or any Inspector shall be made in duplicate in Form-VI(MW), VII(MW) and VIII(MW), respectively. (section-20,Rule-27)

Every application shall be presented within six months from the date on which the minimum wages or other amount became payable. (section-20)

When any application is entertained the Authority shall hear the applicant and the employer and give reasonable opportunity on make further inquiry and pass the order.