Minimum Wages applicable in Uttar Pradesh Under MW Act 1948

Great sarjooram ji...wonderful assistance...

Sharma ji...i've gone through the table provided by you...thanks for the same...it is applicable to Shops & Establishment...would like to know from you whether there is separate basic as well as DA notification for the Factories in the state of Uttar Pradesh....

Sajooram ji...one more help from you...

Whether the Industrail Employment (Standing Orders) Act is made applicable to Shops & Establishments in the state of Uttar Pradesh...if so, from which date it was made applicable and also do you have the notification...kindly help me...

Some of the employments have different wage structures such as Hotel industry, engineering industry employing more than 50 workmen, paper and pulp industry, Newspaper industry, sugar industry, distillary industry, Brick kiln industry.

No, Inudstrial Employment ( Standing Orders) Act is applicable on Hotel Industry which are also covered under Shops and Commercial Establishment Act of UP.

Sajooram ji...is it possible for you provide relevant notification details fixing basic rate of wages for the schedule employments of factories....

Dear Sir,

i need one clearification , if we pay Rs. 4308 as basic and Rs 950 as vehicle allowance and Rs. 200 as mobile allowance to the skiled employee of the company  which is total Rs. 5458. whether we are covered under the minimum wages act. six monthaly revision in the DA is applicable to us or not because we are paying more than  the notified ammount of minimum wages. 

Coverage of Minimum Wages Act is based on the schedule employment. If the nature of work in your establishment is covered under any schedule employment, the Act shall be applicable. In your classification of wages only basic pay ie Rs. 4308 comes under the term wages. Basic and VDA should not be less than basic and VDA declared by you, if you classify wages amongst basic and different allowances.

Dear Sir,

thanks for reply.

I am rephrase my question.  Kindly provide your input on the following:

1. Organisation is Micro Finance institution.

2. Credit Officers are covered under the catagory of skilled catagory

3. Salary is paid as follwos.

Basic                                 4308

Other allowances :          1150

Total     :                             5458

Allowances are not in nature of reimbursement

My query is  - whether Rs. 4308 qualify for minimum wages or Rs. 5458 in the above case.

as per my understanding wages defined in the minimum wages act is

"wages" means all remuneration capable of being expressed in terms of money which would if the terms of the contract 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 house rent allowance but does not include - 

(i) the value of - 

(a) any house accommodation supply of light water medical attendance or 

(b) any other amenity or any service excluded by general or special order of the appropriate government; 

(ii) any contribution paid by the employer to any person fund or provident fund or under any scheme of social insurance; 

(iii) any traveling allowance or the value of any traveling concession; 

(iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or 

(v) any gratuity payable on discharge; 

and as per provision of  Sec. 12. Payment of minimum rate of wages -  

(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 authorised 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

since  wages is defined as all remuneration capable of being expressed in terms of money  so Rs. 5458 should be deemed to be wages under minimum wages act in our case.

Please guide.

with regard

Indra Deo Pandey

But other allowances of Rs. 1150 as mentioned by you are not covered under minimum wages.Only 4308 shall be counted under the term wages. You can see the case law annexed herewith.

Dear Sha

Dear Sharma Sir,

The breakup is provided by you is very usefull data for all, request you to please provide the MW breakup for the period of 2004 to 2005 also.

Regard's

Shishir

Dear Sharma Sir,

The breakup is provided by you is very usefull data for all, request you to please provide the MW breakup for the period of 2004 to 2005 also.

Regard's

Shishir