Background:
The West Bengal Minimum Wages Rules, 1951 were framed under the powers granted by Section 30 of the Minimum Wages Act, 1948. These rules aim to regulate the payment of minimum wages and ensure fair labour practices in scheduled employments across the state. They provide detailed procedures regarding wage fixation, payment, deductions, working hours, rest periods, and record maintenance to facilitate implementation and compliance with the Minimum Wages Act.
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 requirement under the Rules in accordance with the Act
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.
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
The average retail prices in the district or sub-divisions where the place of employment is situated shall be taken into account in computing the cash value of wages paid in kind and of essential commodities supplied at concession rates. This computation shall be made in accordance with such directions as may be issued by the State Government from time to time.
The wage period with respect to any scheduled employment for which wages have been fixed shall not exceed one month and the wages of a worker in such employment shall be paid on a working day [Rule 21(1)(i)]
The wages of a worker in any scheduled employment shall be paid on a working day in the case of an establishment in which less than thousand persons are employed, before the expiry of the seventh day [Rule 21(1)(i)(a)]
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 1000 persons are employed, before the expiry of the tenth day, after the last day of wage period in respect of wages are payable. [Rule 21(1)(i)(b)]
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)]
The wages of, an employed person shall be paid to him without deduction of any kind except those authorised by or under these rules. [Rule 21(1)(iii)]
Deductions from the wages of a person employed in a scheduled employment shall be of the kind as prescribed in Rule 21(1)(2) of West Bengal Minimum Wages Rule, 1951 [Rule 21(2)]
All fines and deductions for damage or loss shall be recorded in the register maintained in Form I. [Rule 21(4)]
All deductions for damage or loss shall be recorded in the register maintained in Form II. (Rule 21 (4))
Annual Return [Rule 21(4A)]
Every employer shall send annually a return in Form III so as to reach labour commissioner as well as the Inspector, not later than the 1st February following the end of the year.
Publicity to the minimum wage fixed under the Act (Rule 22)
Notices in Form XIII containing the minimum rates of wages fixed together with extracts of the Act, the rules made thereunder 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 the main entrance to the establishment and at its office and shall be maintained in a clean and legible condition.
Every employer of Public Motor Transport shall exhibit a notice in Form XII duly filled in and signed, on every public motor vehicles owned by him.
(1) A Register of Wages shall be maintained by every employer which shall include the following particulars, namely —
(a) the minimum rates of wages payable to each employed person;
(b) 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 deductions made from wages, with an indication, in each case of the kinds of deductions mentioned in sub-rule (2) of rule 21;
(e) the wages actually paid to each employed person for each wage-period and the date of payment.
An Overtime Register in Form IV shall be maintained by every employer where no overtime wages are paid in a wage period, a nil entry shall be made in the Overtime Register at the end of the wage period.
A Muster Roll shall be maintained by every employer and kept in Form V.
A Register of employees shall be maintained by every employer at the work-spot. in Form XIV.
All registers and records for the preceding three years shall be preserved and produced on demand before the Inspector:
Provided that where an establishment has been closed, the Inspector may demand the production of the registers and records in his office or such other public place as may be nearer to the employer.
Penalties & Punishments
Implications and Advantages
The West Bengal Minimum Wages Rules, 1951 ensure timely and fair compensation, establish clear standards for working conditions, and provide robust mechanisms for transparency and accountability. They help reduce exploitation and improve employer-employee relations by creating enforceable guidelines for wages, deductions, and overtime. For employers, adherence ensures legal compliance, avoidance of penalties, and a better reputation. For workers, these rules safeguard basic earnings and health through rest periods and regulated hours.
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