Glimpses of Code of Wages Act-2019-Chapter-1


Glimpses of code of wages act-2019
Four Act which were subsumed are as follows.
1.       Payment of Wages Act, 1936
2.       Minimum Wages Act, 1948
3.       Payment of Bonus Act,1965
4.       Equal Remuneration Act, 1976

Key Features of Code of Wages Act are as follows.
1.       Definition of Employee- "employee" means, any person (other than an apprentice engaged under the Apprentices Act, 1961), employed on wages by an establishment to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and also includes a person declared to be an employee by the appropriate Government, but does not include any member of the Armed Forces of the Union [Chapter-1, Section2(k)].
{Note- So Manager & Supervisor are also an employee according to new definition}  

2.      Definition of Wages-"wages" means all remuneration whether by way of salary, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of  employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes,—
(i)             basic pay;
(ii)         dearness allowance; and
(ii)            retaining allowance, if any [Chapter-1, Section2(y)]
{Note-Wages here means (i) Minimum Wages/ (ii) Basic Salary/ (iii) Gross Salary depends upon bifurcation of Salary.
(i)             Minimum Wages as declared by State/Central Government.
(ii)            Basic Salary- 50% of Gross Salary or Minimum Wages whichever is higher.
(iii)          Gross Salary- If further other components of Salary is not bifurcated.}

3.       Definition of Worker-"worker" means any person (except an apprentice as defined under clause (aa) of section 2 of the Apprentices Act, 1961) employed in any industry to do any manual, unskilled,  killed, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied.
{Includes- Journalist, Sales Promotion Employee, But doesn’t includes Mangers, Army or Police Officer, Employee drawing Salary more than 15k/month and in a supervisory position. [Chapter-1, Section2(z)]

4.       Industrial Disputes is all about between two or more Employers, two or more individual Workers, between individual Worker and Employer connected with it. [Chapter-1, Section2 (q)]
{Note- No description about the two Employees, Individual Employee & Employer Connected with it}

5.       No discrimination on the basis of Gender in matters relating to wages. [Chapter-1, Section3(1)]




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