Compliances Under Rajasthan Minimum Wages Rules, 1959

Section 4: Minimum Rate of wages

Minimum rate of wages fixed or revised w.r.t scheduled employments may consists of a:-

(i) 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 (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 supplies of essential commodities at concession rates, where so authorised; 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

Section 11: Wages in Kind

Minimum wages payable under this Act shall be paid in cash. 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, authorise the payment of minimum wages either wholly or partly in kind.

Section 16: Wages for two or more classes of work

Where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class.

Section 22D: Payment of undisbursed amounts due to employees

All amounts payable by an employer to an employee as the amount of minimum wages of the employee under this Act or otherwise due to the employee under this Act or any rule or order made thereunder shall, if such amounts could not or cannot be paid to the employee on account of his death before payment or on account of his whereabouts not being known, be deposited with the prescribed authority who shall deal with the money so deposited in such manner as may be prescribed.

Section 25: Contracting out

Any contract or agreement, whether made before or after the commencement of this Act, whereby an employee either relinquishes or reduces his right to a minimum rate of wages or any privilege or concession accruing to him under this Act shall be null and void in so far as it purports to reduce the minimum rate of wages fixed under this Act

Rule 20: Mode of computation of the cash value of wages

The retail prices at the nearest market shall be taken into account in computing the cash value of wages paid in kind and of essential commodities supplied at concession rates. This computation shall be in accordance with such directions, as may be issued by the State Government from time to time.

The cash value of concessions in respect of supplies of essential commodities at concessional rates to workmen working in scheduled employment in respect of which rates of wages have been fixed under the Act, shall be equal to the difference between the retail price of such commodities at the nearest market and the price charged by the employer to such workmen.

Rule 21: Time and conditions of payment of wages and the deductions permissible from wages

• • The wage period with respect to any scheduled employment for which wages have been fixed shall not exceed one month.

The wages of a worker in any scheduled employment shall be paid on a working day in the case of an establishment in which less than thousand  persons  are  employed,  before the expiry  of the seventh day

The wages of a worker in any scheduled employment shall  be paid on a working day in the case of an establishment in which 1000 or more than thousand   persons  are  employed,  before the expiry  of the tenth day, after the last day of wage period in respect of which wages are payable. [Rule 21 (1)(i), (6)]

Where the employment of any person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the second working day after the day on which his employment is terminated. [Rule 21 (1)(ii), (6)]

The wages of an employed person shall be paid to him without deductions of any kind except those authorized by or under these rules. [Rule 21 (1)(iii), (6)]

The employer shall display in a conspicuous place at or near the main entrance of the establishment, a notice in English and in the language of majority of the persons employed therein showing for not less than two months in advance, the days on which wages are to be paid. [Rule 21 (1)(iv), (6)]

• • Deductions which can be made from wages of a person employed in scheduled employment are prescribed in Rule 21(2) of Rajasthan Minimum Wages Rules 1959 [Rule 21 (2), (6)]

All such deductions and all realisation thereof shall be recorded in a register maintained in Form I and II as the case may be.

A return in Form III shall be submitted by the employer to the Inspector by 15th of February each year. [Rule 21(4), (6)]

Rule 22: Publicity of minimum wages fixed under the act

Every employer shall keep exhibited the following notices in a conspicuous place, in the factory, workshop or place where the workers in the scheduled employment are employed and in the case of out workers, in such factory, workshop or place, as is used for giving outwork to them :-

Notice No. 1. – Rates of Minimum Wages fixed under the Minimum Wages Act, 1948 (Form XIII);

Notice No. 2. – Abstract of the Minimum Wages Act, 1948, under the Rajasthan Minimum Wages Rules, 1959 (Form X);

Notice No. 3. – Name and address of the Inspector concerned (Form XIV);

Notice No. 4. – Weekly holiday (Form No. XV);

Notice No. 5. – Working hours of employees (Form XVI);

Notice No. 6. – Time for payment of wages (Form XVII);

Rule 23: Weekly day of rest

• • Where a worker in a schedule employment in respect of which minimum rates of wages have been fixed under the Act, has worked in the scheduled employment under the same employer for a continuous period of not less than six days, he shall subject to the provisions of this rule, be allowed a day of rest every week (here-in-after referred to as “rest day”) which shall ordinarily be Sunday [Rule 23(1)]
  • Any such worker shall not be required or allowed to work in a scheduled employment or the rest day unless he has had or will have a substituted rest day for a whole day on one of the five days immediately before or after the rest day. Provided that no substitution shall be made which will result in the worker working for more than ten days consecutively without a rest day for a whole day. [Rule 23(2)]

Rule 24: Number of hours of work that shall constitute a working day

(1) The number of hours of work constituting a normal working day shall-

(a) in the case of an adult worker, be nine hours, inclusive of interval for rest as specified                     in sub-rule (2);

(b) in the case of child be 4-½ hours;

(c) in the case of an adolescent, be 9 hours or 4-½ hours as the case may be, according as the adolescent may be certified to work as an adult or child by a registered medical practitioner approved by the State Government.[Rule 24(1), (5)]

(2) The period of work of an adult worker each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.

(3)  The periods of work of an adult worker shall be so arranged that inclusive of his intervals for rest under sub-rule (2), they shall not spread over more than ten and a half hours in any day

Provided that the Inspector may, for reasons to be specified in writing, increase the spread over to twelve hours. [Rule 24(2), (3), (5)]

(4) No woman shall be employed or permitted to work beyond 6.00 p.m. and earlier than 6.00 a.m. during 1st September to the end of February or beyond 7.00 p.m. and earlier than 7 a.m. from the 1st March to 31st August. [Rule 24(4), (5)]

Rule 25: Night Shift

(1) Where a worker in a scheduled employment works on a shift which extends beyond mid-night –

(a) for the purpose of rule 23, a holiday for the whole day shall mean in his case period of a twenty four consecutive hours beginning when his shift ends;

(b) the following day for him shall be deemed to be the period of twenty four hours beginning when such shift ends, and the hours he has worked after mid-night shall be counted towards the previous duty.

Rule 26: Extra wages for over-time

(1) When a worker works in an employment for more than nine hours on any day or for more than forty-eight hours in any week he shall, in respect of over-time work, be entitled to wages-

(a) in the case of employment in agriculture, at double the ordinary rate of wages.

(b) in the case of any other scheduled employment, at double the ordinary rate of wages.

(2) A register showing over-time payments shall be kept in Form IV.

Rule 27: Wage Register and slips

(1) A register of wages shall be maintained by every employer and kept in such Form, as may be notified by the Government and shall include the following particulars-

(i) the gross wages of each worker for each wage period;

(ii) all deductions made from wages, with an indication, in each case of the kinds of deductions mentioned in sub-rule (2) of rule 21;

(iii) the wages actually paid to each worker for each wages period and the date of payment;

(iv) rates of wages payable;

(v) a register of wages shall be maintained by every employer at the work-spot in Form XI]. [Rule 27(1), (3), (4)]

(2) Wage slip in Form XII shall be issued by every employer to every person employed by him at least a day prior to the disbursement of wages. [Rule 27(2), (3), (4)]

(5) A Muster Roll shall be maintained by every employer at the work-spot and kept in Form V. [Rule 27(5)]

The following shall be cases and circumstances in which an employee employed for a period of less than the requisite number of hours constituting a normal working day shall not be entitled to receive wages for a full normal working day :-

(a) Tempest, fire, rain, breakdown of machinery or stoppage of or any cut in the supply of power, epidemic, civil commotion or other cause beyond the control of the employer.

(b) Where an employee works for any period not exceeding 4 hours a day.

(c) Strike or stay in strike. [Rule 27(8), (9), (10)]

If an employee works for any period not exceeding 4 hours a day, he shall receive wages for such day in the proportion the number of hours he worked, bears to the number of hours constituting the normal working day. [Rule 27(11)]

Rule 27 A Preservation of registers

The registers required to be maintained under rule 21(4) and 27(1) viz. Register of fines, Register of deduction for damage or loss caused to the employer, Register of Wages and Muster Roll  required to be maintained under rule 27(5), shall be preserved for a period of three years after the date on which the latest entry is made therein.