Background
The Andhra Pradesh Payment of Wages Rules, 1937 were framed under the Payment of Wages Act, 1936 to regulate the timely payment of wages and safeguard employees from unfair deductions. These rules lay down the procedure for permissible deductions such as fines, recovery for damage or loss, recovery of advances, provision of amenities, housing, and contributions to cooperative societies or insurance schemes. They also specify the employer’s responsibility to maintain registers, provide transparency, and display abstracts of the Act for workers’ awareness. The intention was to create a uniform legal framework that balances the employer’s right to recover legitimate dues with the employee’s right to fair and regular wages.
Applicability:
These rules apply to:
Compliance requirements under the Rule in accordance with the Act
Every industrial establishment must maintain a record of the salaries or wages paid to employees in any convenient manner for 12 months, while also preserving registers with particulars of employees, work performed, wages, deductions, receipts, and other details for 3 years. The register should contain wages earned during normal working time, overtime hours and wages, leave wages, other allowances, statutory deductions, other deductions with nature, net amount paid, date of payment, and a signed receipt. This ensures transparency in wage administration, provides accountability for employers, and safeguards employee rights.
The paymaster is required to display at or near the main entrance of the factory a copy of the approved list of acts or omissions in English with a translation in the majority language of employees. However, this rule does not apply to establishments without buildings. Displaying such lists ensures that employees are aware of actions that may attract penalties, thereby maintaining fairness and clarity in workplace discipline.
Deductions for breach of contract cannot be made from wages of women or persons below 15 years of age. Such deductions are valid only if the contract explicitly requires notice before termination and if notice is displayed in the factory. The deduction cannot exceed wages equivalent to the notice period shortfall, and if contract conditions are complied with, no deductions can be made. This ensures deductions are lawful, proportionate, and protective of vulnerable employees.
An employed person may be granted a loan not exceeding thirty-six months’ wages for constructing a new house, including land cost, or for purchasing a ready-built house. This provision enables housing benefits to employees while capping borrowing to avoid financial overburden.
If total deductions exceed prescribed limits under Section 7(3), the excess must be carried forward and recovered in succeeding wage periods within a maximum of six instalments. This protects employees from excessive deductions in a single wage period while ensuring lawful recovery by the employer.
The employer, manager, or responsible person must ensure payment of wages even if a contractor or designated person defaults. The Payment of Wages Act, 1936 applies to employees in factories, railways, and other specified establishments, and covers those earning up to ₹24,000 per month (or higher as notified). This ensures ultimate responsibility lies with the principal employer, protecting employees against non-payment.
Every person responsible for payment of wages must fix wage periods, with no wage period exceeding one month. This ensures employees are paid regularly and within predictable cycles.
Where employment is terminated, wages earned must be paid before the expiry of the second working day from the termination date. This provision ensures employees receive final settlement promptly upon leaving service.
Wages must be paid in current coin, currency notes, by cheque, or by crediting directly to the employee’s bank account. This ensures secure and verifiable methods of wage payment.
Deductions cannot exceed 70% of wages if for payments to cooperative societies or 50% in other cases. Excess beyond this must be carried forward as prescribed. This prevents employees from being left with insufficient wages after deductions.
No fines can be imposed except for acts or omissions approved by the prescribed authority and displayed in notices. Employees must be given an opportunity to show cause, fines cannot exceed prescribed limits, cannot be imposed on persons below 15, must be recovered within 90 days, and recorded in a register. This ensures fair and regulated imposition of fines.
A notice listing acts and omissions liable for fines must be exhibited in prescribed places within the establishment or railway premises. This ensures employees are aware of punishable actions in advance.
No fine can be imposed until the employee has been given an opportunity to show cause or except in accordance with prescribed procedures. This protects employees from arbitrary penalization.
The maximum fine in any wage period cannot exceed 3% of wages payable in respect of that period. This ensures fines remain proportionate.
No fine may be imposed on employees below 15 years of age. This protects young workers from financial penalties.
No fine may be recovered in instalments or after 90 days from the date of imposition. Every fine is deemed imposed on the day of the act or omission. This ensures timely recovery and prevents indefinite liabilities.
All fines and recoveries must be recorded in a prescribed register and applied only to purposes beneficial to employees as approved by the authority. This ensures accountability and proper utilization of fine proceeds.
Deductions may be made for absence from the workplace or refusal to work, including strikes without reasonable cause. Deductions cannot exceed wages proportionate to absence, and if 10 or more employees absent without due notice, deductions up to 8 days’ wages may be imposed. This ensures deductions for absence are proportionate while discouraging mass absenteeism without notice.
Deductions for house accommodation or other amenities provided by the employer cannot be made unless the employee has accepted them as part of the terms of employment. The deduction amount must not exceed the actual value of the accommodation or amenity. This provision safeguards employees from unfair wage reductions while allowing reasonable recovery for voluntarily accepted benefits.
Deductions for recovery of advances are subject to specific conditions. Advances given before employment began may only be recovered from the first complete wage payment, and no recovery can be made for travel expenses. Advances given after employment began are subject to conditions imposed by the Government, and recovery of advances against wages not yet earned is restricted by rules regulating limits and instalments. This ensures that recovery of advances is lawful, limited, and not unduly burdensome on employees.
Penalties & Punishments
(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.
(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
Conclusion
The Andhra Pradesh Payment of Wages Rules, 1937 ensure that employees’ wages are protected from arbitrary or excessive deductions, while still allowing employers to recover genuine expenses or losses under regulated conditions. By mandating employee consent, government oversight, and transparent record-keeping, these rules strike a balance between employer interests and employee welfare. They continue to serve as a cornerstone of wage protection in the state, reinforcing accountability, fairness, and compliance in the employer-employee relationship
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