Background
The Telangana Minimum Wages Rules, 1960, framed under the Minimum Wages Act, 1948, provide the framework for effective implementation and enforcement of minimum wages across the State of Telangana. These rules prescribe the procedure for fixation, payment, and regulation of minimum wages, while ensuring that employers maintain the necessary records, registers, and notifications. The primary aim is to safeguard workers against exploitation by ensuring they are not paid below the statutory minimum wage level.
Applicability:
The Minimum Wages Act and Rules applies to the employees, employed in an employment as specified under Part I or Part II of the Schedule and in an employment added to either part by notification under section 27
Compliance requirements under the Rules in accordance with the Act
The average {Government Procurement} prices at the nearest market for the period of three months immediately preceding the month for which the wages are to be computed shall be taken into account in computing the cash value of wages paid in kind and of concessions in respect of essential commodities supplied at concessional rates. This computation shall be made in accordance with such directions as may be issued by the Government from time to time.
2. Time and conditions of payment of wages and the deductions permissible from (Rule 22)
3. Records and Returns (Rule 22(4))
4. Publicity of Minimum Wages (Rule 23)
Notices in Form XII containing the minimum rates of wages fixed under the Act together with abstracts from such of the provisions of the Act and the rules as prescribed and the name and address of the Inspector shall be displayed in English and in a language understood by the majority of the workers in the employment at such places as may be selected by the Inspector and shall be maintained in a clean and legible condition.
5. Weekly Rest (Rule 24)
Provided that the employee has worked in the scheduled employment under the same employer for a continuous period of not less than six days.
(a) he has or will have substituted rest day for a whole day on one of the three days immediately before or after the rest day; and)
(b) prior intimation is given by the employer to the employee of his intention to require the employee to work on the rest day and also of the day which is to be substituted:
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.
6. Hours of Work (Rule 25)
7. Overtime Hours (Rule 26 & 29)
(a) in case of employment in agriculture including plantations, at one and half times the ordinary rate of wages;
(b) in the case of any other scheduled employment at double the ordinary rate of wages.
8. Night Shifts (Rule 27)
Where a worker in a scheduled employment works on a shift which extends beyond midnight-
(a) for the purpose of Rule 24, a rest day shall mean in his case a period of 24 consecutive hours beginning when his shift ends;
(b) the following day for him shall be deemed to be the period of 24 hours beginning when such shift ends, and the hours he has worked after midnight shall be counted towards the previous day.
9. 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 (Rule 28)
(1) 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.
(2) In the case of interruption brought about by tempest, fire, rain, breakdown of machinery, epidemic, civil commotion or other natural causes beyond the control of the employer, the employee who has already started work for the day shall be paid wages at half the minimum rates of wages fixed for normal working day if the interruption occurs at any time before the interval for midday rest he shall be paid wages for a full normal working day.
(3) If by reason of stoppage of or any cut in the supply of power effected by the Government an employer is prevented on any working day from giving work to his employees for a full normal working day, the employees 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.
(4) 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.
10. Registers & Records (Rule 30 & 31-A)
Employers must maintain and preserve the following:
A register required to be maintained under Rule 29 and 30 shall be preserved for a period of 12 months after the date of last entry made therein.
Minimum Wages Act, 1948 – Key Provisions Applicable
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
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.
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.
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.
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
Penalties & Punishments
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