Compliance requirement under the Rules in accordance with the Act

1. Minimum Rate of wages (Section 4)

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

The cost of living allowance and the cash value of the concessions in respect of supplies of essential commodities at concession rates shall be computed by the competent authority at such intervals and in accordance with such directions as may be specified or given by the appropriate Government.

2. Wages in Kind (Section 11)

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.

3. Wages for two or more classes of work (Section 16)

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.

4. Payment of undisbursed amounts due to employees (Section 22D)

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.

5. Contracting out (Section 25)

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

6. Mode of computation of the cash value of wage (Rule 20)

In computing the cash value of wages paid in kind and all essential commodities supplied at concessional rates, the retail price for any particular centre published by the State Labour Commissioner and the concessional rates at which the commodities are supplied by the employer to the employee shall respectively be taken into account

7. Time and conditions of payment of wages and the deductions permissible from wages(Rule 21)

• The wage period with respect to any scheduled employment for which wages have been fixed shall not exceed one month and the wages of an employee in such employment shall be paid on a working day before the expiry of the seventh day after the last day of the wage period.. [Rule21(1)(a)]
• Where the employment of any employee 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. [Rule21(1)(ii)]
• The wages of an employed person shall be paid to him without deduction of any kind except those authorised by or under these rules. [Rule21(1)(iii)]
• Deductions which can be made from wages of a person employed in scheduled employment are prescribed in Rule 21(2) of Uttar Pradesh Minimum Wages Rules, 1952. [Rule 21(2)]
• All fines shall be recorded in a Register of fines maintained under Form I. [Rule 21(4)]
• All deductions for damage or loss caused to the Employers by the neglect or default of Employed persons shall be recorded in the Register maintained under Form II.

       Annual Return (Rule 21(4)

• Form-III shall be submitted annually by the employer before the 14th January of every year, following the calendar year to which the return relates. 

8. Display of Notices (Rule 22)

The following notices, in English and in Hindi shall be displayed on the notice-boards of sub-divisional and district offices, the office of the Labour Commissioner, Uttar Pradesh, and at such other place or places, as may be selected by the Inspector

(1) Notice No. 1—Rates of minimum wages fixed, under the Minimum Wages Act, 1948, Form XI.

(2) Notice No. 2—Abstract of Minimum Wages Act, 1948 and the U.P., Minimum Wages Rules, 1952, Form XII.

(3) Notice No. 3—Name and address of the Inspector concerned, Form XIII

9. Weekly day of rest( Rule 23)

An employee in a Scheduled employment in respect of which the minimum rates of wages have been fixed under the Act, shall be allowed a day of rest every week (hereinafter referred to as the rest day) which shall ordinarily be Sunday, but the employer may fix any other day of the week as the rest day for any employee or class of employees in that scheduled employment.

Provided that the employee has worked in the scheduled employment under the same employer for a continuous period of not less than six days. [Rule 23(1),(5)]

(2) Any such employee shall not be required or allowed to work in a scheduled employment on the rest day unless-

he has or will have substituted rest day for a whole day on one of the five days immediately before or after the rest day; and

Provided that no substitution shall be made which will result in the employee working for more than ten days consecutively without a rest day for a whole day. [Rule 23 (3),(5)]

10. Number of hours of work that shall constitute a working day(Rule 24)

The number of hours which shall constitute a normal working day shall be:-

(a) in the case of an adult, 9 hours,

(b) in the case of a child, 4-1/2 hours

In the case of an adolescent, number of work hours shall be 9 hours or 4-1/2 hours, as the case may be,

as the adolescent may be certified to work as an adult or a child by a registered medical practitioner approved by the State Government

11. Overtime work and wages (Rule 25-A)

When an employee in a scheduled employment works for more than the number of hours of work constituting a normal working day or for more than 54 hours a week he shall in respect of every hour or part of an hour so worked in excess be paid at the following overtime rates namely:

(a) in the case of employment in agriculture and tea plantation one and a half times the ordinary rates of wages;

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

No child shall be allowed to work overtime.

However, an adolescent who has been certified under Section 70 of the Factories Act, 1948 (Act LXIII of 1948) to work as an adult, may be required to work overtime within the limit prescribed under clause (b) of sub-rule (ii) of Rule 25A. [Rule 25-A(iii)]

Register showing overtime payment shall be kept in Form XVII [Rule 25-A(iv)]

12. Form of registers and records (Rule 26)

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

(a) the gross wages of each employee for each wage period;

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

(c) the wages actually paid to each employee for each wage period and the date of payment;

(d) “rates of wages paid. [Rule 26 (1),(3),(4)]

Wage slip containing the following particulars and such other particulars as may be notified by the State Government shall be issued by every employer to every employee employed by him at least a day prior to the disbursement of wages:

(a) the gross wages of each employee for each wage period;

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

(c) the wages actually paid to each employee for each wage period and the date of payment;

(d) “rates of wages paid. [Rule 26 (2),(3),(4)]

A muster roll should be maintained by every employer and kept in Form IV. [Rule 26 (5)]

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

Notice No. 1.—Rates of minimum wages fixed under the Minimum Wages Act, 1948, Form XI.

Notice No. 2. —Abstract of the Minimum Wages Act, 1948 and the U.P. Minimum Wages Rules, 1952, Form XII.

Notice No. 3–Name and address of the Inspector concerned, Form XIII.

Notice No. 4.–Weekly holiday, Form XIV.

Notice No. 5.–Working hours of employees, Form XV.

Notice No. 6.–Time for payment of wages, Form XVI. [Rule 26 (6)]

13. Preservation of registers (Rule 26-A)

The registers to be maintained under Rules 21(4) and 26(1) and the muster roll required to be maintained under Rule 25(5) shall be preserved for a period of three years after the date on which the last entry is made therein.