Compliance requirements 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.Mode of computation of the cash value of wages (Section 4(2) and Rule 20)

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.

         3.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.

        4.Time and conditions of payment of wages and the deductions permissible from wages (Section 12 and Rule 21(1)(i))

Where in respect of any scheduled employment a notification under section 5 is in force, the employer shall pay to every employee engaged in a scheduled employment under him wages at a rate not less than the minimum rate of wages fixed by such notification for that class of employees in that employment without any deductions except as may be authorised within such time and subject to such conditions as may be prescribed.

The wages of a worker in any scheduled employment shall be paid on a working day. [Rule 21(1) (i)]

The wage period with respect to any scheduled for which wages are liable to be fixed shall not exceed one month, and the wages of an employee employed in any such employment in which an employer has employed less than one thousand persons, shall be paid 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)]

All such deductions and all realisation thereof shall be recorded in a register maintained in Form I and II as the case may be. All such deductions and all realisation thereof shall be recorded in a register maintained in Form I and II as the case may be. [Rule 21(4), (6)]

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

5. Annual Return [Rule 21(4A), (6)]

 Every employer shall send annually a return in Form III showing the deductions from wages so as to reach the Inspector not later than 1st February following the end of the year to which it relate

6. 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.

         7.Minimum time rate wages for piece work (Section 17)

Where an employee is employed on piece work for which minimum time rate and not a minimum piece rate has been fixed under this Act, the employer shall pay to such employee wages at not less than the minimum time rate.

        8.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.

       9. 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.

      10. Publicity of minimum wages fixed under the act (Rule 22 read with Section 18)

Notices in form IX-A containing the minimum rates of wages fixed together with abstracts of the Act, the rules made there-under and the name and the address of the Inspector shall be displayed in English and Hindi in Devi Nagri Script in the employment at the main entrances to the establishment and its office and shall be maintained in a clean and legible condition. Such notices shall also be displayed on the notice boards of all Sub-Divisional and District Offices.

        11. Weekly day of rest (Rule 23)

Where a worker in a scheduled 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), (3), (5)] 

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

(1) The number of hours which shall constitute a normal working day shall be-

1. a) In the case of an adult, 9 hours;
2. b) In the case of an adolescent, 7 hours;
3. c) In the case of a child, 4 1/2 hours.

The working day of an adult worker shall be so arranged that inclusive of the intervals for rest, if any, it shall not spread over more than 12 hours on any day. The period of work on any day, in a scheduled employment, shall be so fixed that no continuous period of work shall exceed five hours and that no worker shall be required or allowed to work for more than five hours unless he has had an interval for rest for at least half an hour on the expiry of the said five hours

Working hours including overtime shall not exceed 10 hours in a day or 60 hours in a week, provided that the total overtime shall not exceed 50 hours in a period of three months

The number of hours of work in the case of an adolescent shall be the same as that of an adult or a child according as he is certified to work as an adult or a child by a competent medical practitioner approved by the State Government  

        13. Night Shift (Rule 24A)

Where a worker in a schedule employment works on a shift, which extends beyond midnight – (a) a holiday for the whole day for the purposes of rule 23 shall in his case mean a period of twenty-four consecutive hours beginning from the time when his shift ends; and (b) the following day in such a case shall be deemed to be the period of twenty-four hours beginning from the time when such shift ends, and the hours after midnight during which such worker was engaged in work shall be counted towards the previous day. 

        14. Extra wages for over-time (Rule 25 read with Section 14)

(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 1.5 time the ordinary rate of wages

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

Register of overtime shall be maintained by every employer in Form IV in which entries under the columns specified therein shall be made as and when overtime is worked in any establishment. The register shall be kept at the work-spot and maintained up-to-date. Where no overtime has been worked in any wage period, a ‘nil’ entry shall be made across the body of the register at the end of the wage period indicating also in precise terms the wage period to which the ‘nil’ entry relates.

        15. Part-time Employees (Rule 25(A))

Where an employee is employed on part-time basis, with one or more employers, and his minimum wages are fixed by the day, he shall be entitled to claim from each employer from whom he works in a given day or less than the normal working day, wages for the number of hours for which he works, on pro-rate basis

        16. Wages Register (Rule 26(1) (2) (3)(6)

(1) A register of wages shall be maintained by every employer -at the work spot and kept in such form as may be notified by the State Government and shall include the following particulars;-

(a) the minimum rates of wages payable to each person employed;

(b) the number of days for which each employed person worked overtime for each wage period;

(c) the gross wages of each person employed for each wage period;

(d) all deduction made from wages with an indicating in each case of the kinds of deductions mentioned in sub-rule (2) of rule 21;

(e) the wages actually paid to each person employed for each wage period and the date of payment.

Notwithstanding anything contained in this rule, where a combined form is to avoid duplication of work for compliance with the provisions of any other Act or rules framed thereunder, an alternative suitable form in lieu of any of the forms prescribed under this rule may be used with the previous approval of the Labour Commissioner, Punjab

       17.Form of Registers and record (Rule 26(2),(3),(4))

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

(a) the minimum rates of wages payable to each person employed;

(b) the number of days for which each employed person worked overtime for each wage period;

(c) the gross wages of each person employed for each wage period;

(d) all deduction made from wages with an indicating in each case of the kinds of deductions mentioned in sub-rule (2) of rule 21;

(e) the wages actually paid to each person employed for each wage period and the date of payment.

       18. Rule 21: Terms and condition of payment of wages and the deduction permissible from wages and Rule 26(5): Muster Roll (Rule 21(4), 26(5)(6))

Register of Wages, Fine, Damage & Advance in Haryana to be maintained in Form X in Haryana by the employer

        19. Employers to provide cards to employees, engaged in public motor transport (Rule 26 (A))

(1) Every driver, conductor or any other employee in public motor transport shall, at the beginning of every month, be provided with a card in Form XII which may be in Hindi or English whichever as understood by such employees or in the language understood by such employees.

(2) The card shall be in the custody of such employee during the month and thereafter shall be returned to the employer who shall preserve it for a period of three years.

(3) The entries in such card shall be made each day in the presence of the employee by the employer or any person authorised by him in that behalf and employee shall produce the card whenever required for this purpose.

(4) If the employee loses his card, the employer shall, on payment of fifty paise provide him within a week with another card duly completed from his record.

       20. Preservation of register (Rule 26 (B))

A register required to be maintained under rule 21(4), 25(3) and 26(1) and the muster roll required to be maintained under rule 26(5) shall be preserved for a period of 3 years after the date of last entry made therein.