Payment of wages act
Rohit
(Querist) 16 March 2013
This query is : Resolved
dear seniors,
i need to know whether payment of wages is applicable to the shop or establishments coming under the purview of shop and establishemnt act of delhi, since i have not come across the same in the definition of establishment given in payment of wages act but the ground reality is tha pyment of wages act is being followd quite strongly in all the industries including shop and establishment, pleasse reply
Kuummaar AS
(Expert) 16 March 2013
The Payment of Wages Act has been enacted with the intention of ensuring timely payment of wages to the workers and for payment of wages without unauthorized deductions.
The Delhi Shops and Establishments Act, 1954 is an Act to amend and consolidate the law relating to the regulation of hours of work, payment of wages, leave, holidays, terms of service and other conditions of work of persons employed in shops, commercial establishments, establishments for public entertainment or amusement and other establishments and to provide for certain matters connected therewith.
You may refer to Sections 18 to 20 of The Delhi Shops and Establishments Act, 1954, which contains provisions relating to wages and section 20(6) provides that nothing in this section shall be deemed to affect the provisions of the Payment of Wages Act, 1936 (IV of 1936).
Rohit
(Querist) 16 March 2013
dear mr kumar,
thanks for your reply but my question is where in the payment of wages act is being written that shop or establishment like service, security, facility,IT industry etc will be covered under payment of wages
Kuummaar AS
(Expert) 16 March 2013
You may refer to the definition of "commercial establishment" in the Delhi Shops and Establishments Act, 1954. It
means any premises wherein any trade, business or profession or any work in connection with, or incidental or ancillary thereto is carried on and includes a society registered under the Societies Registration Act, 1860 (21 of 1860), and charitable or other trust, whether registered or not, which carries on any business, trade or profession or work in connection with, or incidental or ancillary thereto, journalistic and printing establishments, contractors and auditors establishments, quarries and mines not governed by the Mines Act, 1952 (35 of 1952), educational or other institutions run for private gain, and premises in which business of banking, insurance, stocks and shares, brokerage or produce exchange is carried on, but does not include a shop or a factory registered under the Factories Act, 1948 (43 of 1948), or theatres, cinemas, restaurants, eating houses, residential hotels, clubs or other places of public amusements or entertainment;
The above are required to follow provisions relating to wages given in the Delhi Shops and Establishments Act.
Kumar Doab
(Expert) 16 March 2013
THE PAYMENT OF WAGES ACT, 1936
ACT NO. 4 OF 1936 1*
[23rd April, 1936.]
An Act to regulate the payment of wages to certain classes of
2*[employed persons].
WHEREAS it is expedient to regulate the payment of wages to
certain classes of 2*[employed persons];
1. Short title, extent, commencement and application.-(1) This Act may be called the Payment of Wages Act, 1936.
3*[(2) It extends to the whole of India 4***.]
(5) The State Government may, after giving three months' notice of its intention of so doing, by notification in the Official Gazette, extend the provisions of 8*[this Act] or any of them to the payment of wages to any class of persons employed in 6*[any establishment or class of establishments specified by the Central Government or a State Government under sub-clause (h) of clause (ii) of section 2]
2. Definitions.- In this Act, unless there is anything repugnant
in the subject or context,--
(ii) 4*["industrial or other establishment" means]--
8*[(h) any other establishment or class of establishments which the Central Government or a State Government may, having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstances, specify, by notification in the Official Gazette.]
THE DELHI SHOPS AND ESTABLISHMENTS
ACT, 1954
(7 of 1954)
[19th June, 1954]
PREAMBLE
An Act to amend and consolidate the law relating to the regulation of hours of work, payment of wages, leave, holidays, terms of service and other conditions of work of persons employed in shops, commercial establishments, establishments for public entertainment or amusement and other establishments and to provide for certain matters connected therewith.
2. Definitions.
(30) “wages” means wages as defined in section 2 of the Minimum Wages Act, 1948 (11 of 1948);
