25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sandeep (Business)     31 December 2009

Payment of Wages Act

This is urgent. We are a firm into IT and ITES. We are 100% Export Oriented Unit. One of our employees has filed a case against us in front of Asst Labour Commissioner under Payment of Wages Act. My questions are:-

1. As an IT firm and a 100% EOU are we covered under this act?

2. Under Payment of Wages Act can an emplyee getting salary of more than Rs 12000 per month file a case in the court of Asstt Labour Commissioner?

I hope for an early reply.

 

Regards

 

 



Learning

 7 Replies

Sunita Lad (Advocate and Consultant)     31 December 2009

The provisions of Payment of Wages Act is applicable to employees drawing salary upto 10,000/-pm. You mayraise jurisdictional objection.The complaint will not be maintainable.
1 Like

Sandeep (Business)     31 December 2009

What is the definition of salary under this? in this case, the employee got the following per month:-

Basic  5783

HRA  2313

Medical 1250

Conveyance 800

Bonus 7436

 

Sandeep (Business)     31 December 2009

What is the definition of salary under this? in this case, the employee got the following per month:-

Basic  5783

HRA  2313

Medical 1250

Conveyance 800

Academic Allowance 5000

Bonus 7436

 

Sunita Lad (Advocate and Consultant)     31 December 2009

Wages under the Payment of Wages Act mean all remuneration expressed in terms of money or capable of being expressed in terms of money and includes payment by way of salary, allowances or otherwise. If bonus paid by you is a part of remuneration and is paid monthly, and not as an additional remuneration, then it would be included in the term wages.
1 Like

Vijayarajan (Executive Director)     01 January 2010

Dear Sir,

The employee drawing more than Rs 10000/- pm as salary is not covered under this act.The above ceiling was 1600/- and then 6500/-.Now the Govt. has raised the applicability to 10000/- by a notification.

Regards,

Vijayarajan

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 January 2010

As repied earlier neither the Act is applicable in 100% EOU nor such employee otherwise is capable to invok the jurisdiction of Labour Court.

PBS KUMAR (HR - PROFESSIONAL)     02 February 2010

Dear Friends,

1.  Any one please supply the recent notification for enhancement of cealing limit from 

     Rs.6500 to Rs. 10000/-.

2. What is for formula while calculating daily wage as per the Payment of Wages Act ? Is this

    with 26 days or 30 days ?

Regards,

PBS KUMAR

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query