Historical backdrop
The International Labour Conference
held at Geneva in 1928. emphasised
The need of Statutory minimum wage to
protect the workers against exploitation
by the employers Adopted convention
26 and 30
The Indian Labour Conference paves way
to Minimum Wages Act which was passed
in the year April, 1946 and came into
force in March, 1948.
Section 2
(a) Adolescent
(b) Adult
(bb) Child
( c )competent
Authority
Interpretation
Who has completed 14 yrs but has not
completed 18 yrs
Who has completed 18 yrs
Who has not completed his14th year of
age
Authority appointed by App .Govt. By
notification in its official Gazette to
ascertain from time to time the cost of
living index number (CLIN)* applicable to
the employees employed in the scheduled
employments in such notification.
EMPLOYER
Employee
EX-EMPLOYEE
OUT-WORKER
Teachers
Not an employee
Haryana Un-recognised
Schools Assn. V. State of
Haryana (1996) 4 SCC 225
Chacha NehruVidyapith V.
Authority under Minimum
Wages Act(2001) LLJ 1439
Scheduled Employments
Examples
Scheduled
employments
Part I
Part II
Carpet
making,
Construction
roads
buildings
Stone braking
stone crushing
Public motor
transport
Employment
in Agriculture
Any mica
works
Gypsum
mines
Copper mines
Farming,
Cultivation ,
harvesting
Leather
manufactory
Estate works
Laundries
washing
Cloths
Fireworks
Dairy farming ,
bees or
poultry
Committees
Publication
Appointed by the
Appropriate Government
To Co-ordinate the work
of the committees and sub
committees appointed u/s.5
Composition of committees,
etc.(Sec.9)
Each of the committee, sub committee and
the Advisory Board shall consist of
Persons to be nominated by the app. Govt.
Representing the employers and employees
in the scheduled employments who shall be
equal in number and
Independent persons not exceeding 1/3 of
its total number; one of such independent
persons shall be appointed the chairman by
the appropriate Govt.
Committees
Advisory Boards
Grounds
Object of Section.12
As long as the minimum is paid, the
contractual wage structure is left intact
and the component parts of the wages
can still be regulated by the contract
between the employer and the employee.
i.e. that is the contract between the
employee and the employer is left intact.
The statutory right and obligation will
not come into play.
Penalties (Sec.22)
Offence
Punishment