Background
The Haryana: Punjab Payment of Wages Rules, 1937, as extended to Haryana, have been framed under the Payment of Wages Act, 1936. These rules regulate the timely payment of wages, permissible deductions, maintenance of registers, display of notices, and the imposition of fines. The objective is to protect employees from arbitrary wage deductions, ensure transparency in wage administration, and provide legal recourse in case of violations.
Applicability
The rules apply to:
Compliance requirement under the Rule in accordance with the Act
In any factory where the employer has obtained approval under Section 8(1) to a list of acts and omissions for which fines may be imposed, the paymaster shall maintain a Register of Fines in Form VI.
In every factory where deductions for damage or loss are made, the paymaster shall maintain the register required under Section 10(2) in Form VI.
A Register of Wages shall be maintained including gross wages earned, deductions made, and wages actually paid to each employee for every wage period.
Registers of fines, deductions, wages, and advances shall be preserved for 12 months after the date of last entry.
The paymaster shall display, in English and the majority language, a notice showing payment days at least 2 months in advance.
Employers must display, at the main entrance, the approved list of acts/omissions in English with translation in the majority language.
Advances shall not exceed twice wages of the preceding two months; recoverable in maximum 12 installments. Register of Advances to be maintained in Form VI.
Every factory/establishment must submit annual return in Form IV to the Labour Commissioner by 15th February each year.
Employer, manager, or designated responsible person must ensure payment of wages if contractor fails.
Wage periods must be fixed by responsible person and shall not exceed one month.
Wages must be paid within 7 days (less than 1000 workers) or 10 days (1000& workers) after end of wage period.
Wages to be paid in current coin, currency notes, cheque, or bank transfer.
Only authorized deductions under the Act are permitted.
Deductions cannot exceed 70% (co-operative society payments) or 50% (other cases).
Fines can only be imposed for acts/omissions approved by authority and specified in notice.
Fine in any wage period cannot exceed 3% of wages payable to employee.
Deductions allowed only for absence from place of work or refusal to work (strike or unreasonable cause.
Deductions for house accommodation or amenities require employee’s acceptance and cannot exceed actual value.
Deductions for advances shall follow prescribed conditions.
Penalties & Punishments
Rule 23: Contravention may lead to fine which may extend to Rs. 200/-
Sec 20(1): Whoever being responsible for the payment of wages to an employed person contravenes any of the provisions of any of the following section, namely, section 5 except sub-section (4) thereof, section 7, section 8 except sub-section (8) thereof, section 9, section 10 except sub-section (2) thereof, and sections11 to 13, both inclusive, shall be punishable with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees
U/s20(2): Whoever contravenes the provisions of section 4, sub-section (4) of section 5, section 6, sub-section (8) of section 8, sub-section (2) of section 10 or section 25 shall be punishable [with fine which may extend to three thousand seven hundred fifty rupees
U/s 20(3): Whoever being required under this Act to maintain any records or registers or to furnish any information or return—
(a) fails to maintain such register or record; or
(b) wilfully refuses or without lawful excuse neglects to furnish such information or return; or
(c) wilfully furnishes or causes to be furnished any information or return which he knows to be
false; or
(d) refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under this Act, shall for each such offence, be punishable with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees
Conclusion
The Haryana adaptation of the Punjab Payment of Wages Rules, 1937 provides a comprehensive compliance framework to safeguard employees’ rights relating to wages. Employers are obligated to ensure timely, accurate, and lawful wage payments, maintain statutory records, and follow due process before making deductions or imposing fines. Strict adherence not only ensures compliance with law but also promotes fairness, reduces disputes, and fosters trust between employer and employee.
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