The Rise of Nationalism in Europe Essay Sample

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Introduction of TOPIC

Section 5(1): Appropriate Government can set up any number of committees or sub-committees as it considers necessary to hold inquiries and advice it in respect of fixing rate of minimum. Government is empowered to fix the minimum rates of wages for different classes of employees such as skilled, unskilled .clerical, supervisory etc.

(1) Any minimum rate of wages fixed or revised by the appropriate Government in respect of scheduled employments under section 3 may consist of—

* A basic rate of wages and a special allowance at a rate to be adjusted, at such intervals and in such manner as the appropriate Government may direct, to accord as nearly as practicable with the variation in the cost of living index number applicable to such workers (hereinafter referred to as the” cost of living allowance”); or * A basic rate of wages with or without the cost of living allowance, and the cash value of the concessions in respect of supplies of essential commodities at concession rates, where so authorized; or * An all- inclusive rate allowing for the basic rate, the cost of living allowance and the cash value of the concessions, if any.

* Minimum numbers of employee: the appropriate government may not fix minimum rates of wages in respect of wages in respect of any scheduled employment in which there are less than 1000 employees engaged in the whole state. * But the number rises to 1000 or more the government may make an enquiry and shall fix minimum rates of wages payable to such employees as soon as possible after such finding. * The capacity of industry which is turn is to be considered on an industry –cum-region basis after taking a fair cross section of the industry. * The capacity of industry depends on the elasticity of demand for the product, possibility of tightening up the organization etc. The minimum wages act should not apply-

When for such employment an industrial dispute is pending before:-
* A tribunal
* A national tribunal under industrial disputes act
* Before a similar authority under any other act
* An award made by tribunal is in operation

Minimum numbers of employee: the appropriate government may not fix minimum rates of wages in respect of wages in respect of any scheduled employment in which there are less than 1000 employees engaged in the whole state. But the number rises to 1000 or more the government may make an enquiry and shall fix minimum rates of wages payable to such employees as soon as possible after such finding.

(1) The appropriate Government shall, in the manner hereinafter provided,–

(a) 2[ fix the minimum rates of wages payable to employees employed in an employment specified in Part I or Part II of the Schedule and in an employment added to either Part by notification under section 27: Provided that the appropriate Government may, in respect of employees employed in an employment specified in Part II of the Schedule, instead of fixing minimum rates of wages under this clause for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment in the whole State or part thereof;]

(b) review at such intervals as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates, if necessary: 3[ Provided that where for any reason the appropriate Government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the period of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the period of five years shall continue in force.]

(2) The appropriate Government may fix,–

(a) A minimum rate of wages for time work
(b) A minimum rate of wages for piece work
(c) A minimum rate of remuneration to apply in the case of employees employed on piece work for the purpose of securing to such employees a minimum rate of wages on a time work basis (hereinafter referred to as” a guaranteed time rate”); * (d) a minimum rate (whether a time rate or a piece rate) to apply in substitution for the minimum rate which would otherwise be applicable, in respect of overtime work done by employees For nonpayment of the minimum wages or for contravention of the rules relating to hour of work i.e. Normal working days employer shall be punished with imprisonment for a maximum term of 6 months or fine to the maximum extend of Rs. 500 or both. In the preset context there are certain issues which prohibit this Act to give full benefit to those for whom this Act is made. People are poor and illiterate and don’t know about their rights. The penalty is also very less.

* The Govt. Of NCT Delhi, Labour Department’s has notified under the Minimum Wage Act, 1948, the following rates of minimum wages applicable for shops, establishments, and factories in Delhi in Feb. 2000

I.| Categories| Per Month (in Rs.)| Per Day (in Rs.)|
1.| Unskilled workers| 2419.00| 93.00|
2.| Semi-skilled workers| 2585.00| 99.40|
3.| Skilled | 2843.00| 109.00|

II Clerical and Non-Technical Supervisory Staff

1.| Non-Matriculate| 2612.00 | 100.50|
2.| Matriculate & Non-Graduate| 2868.00| 110.25|
3.| Graduate & Above| 3179.00 | 122.25|

Procedure for fixing and revising minimum wages: [S.5]
* The appropriate government shall appoint as many committees and sub- committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision. * The appropriate Government shall consult the Advisory Board also For the purpose of coordinating the work of 1[ committees and sub- committees appointed under section 5] and advising the appropriate Government generally in the matter of fixing and revising minimum rates of wages, the appropriate Go The Central Advisory Board shall consist of persons to be nominated by the Central Government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding one- third of its total number of members; one of such independent persons shall be appointed the Chairman of the Board by the Central Government.

Appointment of committee
* The government may appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision. * After considering the advice of the committee or committees or committee the appropriate Government notifies the fixation or revision of minimum rates of wages in respect of each scheduled employment. * Such wages come into force on the date mentioned in the notification. * If no date is mentioned then on the expiry of 3 months from the date issue of the notification. By a notification

* The appropriate government may by a notification publish its proposal about the fixation of minimum rates of wages. * For the information of the entire person likely to be affected thereby. * It shall specify in the notification the date on which the proposals shall be taken into consideration. * Such date should not be less than 2 months from the date on which the proposal have been notified. * After considering all the representations received by it within the specified time. It shall notify the minimum wages fixed or revised by it. * Such minimum rates of wages come into force from the date mentioned in the notification.

* If no date is mentioned then the expiry of 3 months from the date of issue of the notification. * While adopting this method the appropriate government is required to consult the advisory board also. * The advisory board is appointed by appropriate government for the purpose of coordinating the work of committees and received by it. * The appropriate government can follow the method of notification if it thinks that it has enough material to publish proposal for fixation of minimum rates of wages but if the appropriate government does not have enough knowledge or information about any scheduled employment then the government has to appoint committees or sub-committees to hold enquires and to advice it in the matter. Committee appointed is only an advisory body and government is not bound to accept its recommendation in every case.

The appropriate government can issue a notification that those employees who are getting higher wages then the minimum rates of wages should continue to enjoy the same .the appropriate government cannot convert a voluntary payment into compulsory payment.

The appropriate government by a notification can correct clerical or arithmetical mistakes in any order of fixing or revising minimum rates of wages.

Composition of

minimum rates of wages: [S.4] 1) Any minimum rate of wages fixed or revised by the appropriate

government in respect of scheduled employments under section 3 may consist of – (I) a basic rate of wages and a special allowance at a rate to be adjusted at such intervals and in such manner as the appropriate government may direct to accord as nearly as practicable with the variation in the cost of living index number applicable to such workers (hereinafter referred to as the “cost of living allowance”); or (ii) a basic rate of wages with or without the cost of living allowance and the cash value of the concessions in respect of suppliers of essential commodities at concession rates were so authorized; or (iii) An all-inclusive rate allowing for the basic rate the cost of living allowance and the cash value of the concessions if any. (2) The cost of living allowance and the cash value of the concessions in respect of supplied of essential commodities at concession rate shall be computed by the competent authority at such intervals and in accordance with such directions as may be specified or given by the appropriate government.

Other provisions

Wages in kind
(1) Minimum wages payable under this Act shall be paid in cash. (2) Where it has been the custom to pay wages wholly or partly in kind the appropriate government being of the opinion that it is necessary in the circumstances of the case may by notification in the Official Gazette authorize the payment of minimum wages either wholly or partly in kind. (3) If appropriate government is of the opinion that provision should be made for the supply of essential commodities at concession rates the appropriate government may by notification in the Official Gazette authorize the provision of such supplies at concessional rates. (4) The cash value of wages in kind and of concessions in respect of supplies of essential commodities at concession rates authorized under sub-sections (2) and (3) shall be estimated in the prescribed manner. Wages for two or more classes of work: [S.16]

In case an employee does 2 or more classes of work to each of which a different minimum rates of wages is applicable the employer shall pay to such employee in respect of time occupied by him in each such class of work, wages not less than minimum rates of wages applicable to each such class. (1) Where in respect of any scheduled employment a notification under section 5 is in force the employer shall pay to every employee engaged in a scheduled employment under him wages at a rate not less than the minimum rate of wages fixed by such notification for that class of employees in that employment without any deductions except as may be authorized within such time and subject to such conditions as may be prescribed.

(2) Nothing contained in this section shall affect the provisions of the Payment of Wages Act 1936 (4 of 1936).

Fixing hours for normal working day: [S.13]
(1) In regard to any scheduled employment minimum rates of wages in respect of which have been fixed under this Act the appropriate government may – (a) Fix the number of hours of work which shall constitute a normal working day inclusive of one or more specified intervals; (b) Provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest; (c) Provide for payment for work on a day of rest at a rate not less than the overtime rate. (2)

The provisions of sub-section (1) shall in relation to the following classes of employees apply only to such extent and subject to such conditions as may be prescribed :- (a) Employees engaged on urgent work or in any emergency which could not have been foreseen or prevented; (b) employees engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned; (c) Employees whose employment is essentially intermittent; (d) Employees engaged in any work which for technical reasons has to be completed before the duty is over; (e) Employees engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces.

(2) For the purposes of clause (c) of sub-section (2) employment of an employee is essentially intermittent when it is declared to be so by the appropriate government on the ground that the daily hours of duty of the employee or if there be no daily hours of duty as such for the employee the hours of duty normally include periods of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attention. Rates of overtime

1) Where an employee whose minimum rate of wages is fixed under this Act by the hour by the day or by such a longer wage-period as may be prescribed works on any day in excess of the number of hours constituting a normal working day the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate government for the time being in force whichever is higher.

(2) Nothing in this Act shall prejudice the operation of the provisions of section 59 of the Factories Act 1948 (63 of 1948) in any case where those provisions are applicable. Wages of workers who works for less than normal working day: [s.15] If an employee whose minimum rate of wages has been fixed under this Act by the day works on any day on which he was employed for a period less than the requisite number of hours constituting a normal working day he shall save as otherwise hereinafter provided be entitled to receive wages in respect of work done by him on that day as if he had worked for a full normal working day: Provided however that he shall not be entitled to receive wages for a full normal working day – (I) in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work and (ii) In such other cases and circumstances as may be prescribed. Maintenance of register and records: [s.18]

1) Every employer shall maintain such registers and records giving such particulars of employees employed by him the work performed by them the wages paid to them the receipts given by them and such other particulars and in such form as may be prescribed. (2) Every employer shall keep exhibited in such manner as may be prescribed in the factory workshop or place where the employees in the scheduled employment may be employed or in the case of out-workers in such factory workshop or place as may be used for giving out work to them notices in the prescribed form containing prescribed particulars. 3. 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 rates of wages have been fixed and prescribed to manner in which entries shall be made and authenticated in such wage books or wage slips by the employer or his agent

CLAIMS: [S.20]
The appropriate government may by notification in the Official Gazette appoint any Commissioner for Workmen’s Compensation or any officer of the Central Government Exercising functions as a Labour Commissioner for any region or any officer of the State Government not below the rank of Labour Commissioner or any other officer with experience as a judge for a civil court or as a Stipendiary Magistrate to be the authority to hear and decide for any specified area all 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 under clause (b) or clause (c) of sub-section (1) of section 13 or of wages at the overtime rate under section 14 to employees employed or paid in that area. (2)

Where an employee has any claim of the nature referred to in sub-section (1) the employee himself or any legal practitioner or any official of a registered trade union authorized in writing to act on his behalf or any Inspector or any person acting with the permission of the authority appointed under sub-section (1) may apply to such authority for a direction under sub-section Provided that every such application shall be presented within six months from the date on which the minimum wages or other amount became payable: Provided further that any application may be admitted after the period of six months when the applicant satisfies the authority that he had sufficient cause for not making the application within such period. (3)

When any application under sub-section (2) is entertained the authority shall hear the applicant and the employer or give them an opportunity of being heard and after such further inquiry if any as it may consider necessary may without prejudice to any other penalty to which the employer may be liable under this Act direct – (i) in the case of a claim arising out of payment of less than the minimum rates of wages the payment to the employee of the amount by which the minimum wages payable to him exceed the amount actually paid together with the payment of such compensation as the authority may think fit not exceeding ten times the amount of such excess; (ii)

In any other case the payment of the amount due to the employee together with the payment of such compensation as the authority may think Fit not exceeding ten rupees; and the authority may direct payment of such compensation in cases where the excess or the amount due is paid by the employer to the employee before the disposal of the application. (4) If the authority hearing any application under this section is satisfied that it was either malicious or vexatious it may direct that a penalty not exceeding fifty rupees be paid to be employer by the person presenting the application. (5) Any amount directed to be paid under this section may be recovered – (a) If the authority is a Magistrate by the authority as if it were a fine imposed by the authority as a Magistrate or Penalties for offences

A) pays to any employee less than the minimum rates of wages fixed for that employee’s class of work or less than the amount due to him under the provisions of this Act or (b) contravenes any rule or order made under section 13;

Shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both: Provided that in imposing any fine for an offence under this section the court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 20. Inspectors: [S19]

1) The appropriate government may by notification in the Official Gazette appoint such persons as it thinks fit to be Inspectors for the purposes of this Act and define the local limits within which they shall exercise their functions. (2) Subject to any rules made in this behalf an Inspector may within the local limits for which he is appointed – (a) enter at all reasonable hours with such assistants (if any) being persons in the service of the government or any local or other public authority as he thinks fit any premises or place where employees are employed or work is given out to out-workers in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act for the purpose of examining any register record of wages or notices required to be kept or exhibited by or under this Act or rules made there under and require the production thereof for inspection; (b)

examine any person whom he finds in any such premises or place and who he has reasonable cause to believe is an employee employed therein or an employee to whom work is given out therein; (c) require any person giving out-work and any out-workers to give any information which is in his power to give with respect to the names and addresses of the persons to for and from whom the work is given out or received and with respect to the payments to be made for the work; (d) seize or take copies of such register record or wages or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer; and (e) Exercise such other powers as may be prescribed.

(3) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). (4) Any person required to produce any document or thing or to give any information by an Inspector under sub-section (2) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of Government1860).

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