We deals all labour and Minimum wages issues under Minimum Wages Act, 1948, and Industrial Dispute Act. Since labour is a concurrent subject under the Indian Constitution, minimum wage rates are determined both by the Central Government and the Provincial Governments.
1. MINIMUM WAGES ACT, 1948
A minimum wage is such a wage that it not only guarantees bare subsistence and preserves efficiency but also provides for education, medical requirements and some level of comfort. The highest minimum wage rate as updated in 2012 is Rs. 322/day in Andaman and Nicobar[3] to Rs. 38/day[4] in Tripura. The Minimum Wages Act 1948 generally specifies minimum wage rates on a per day basis,[22] and extends to the entire country and is revised within a period of not less than five years, however there is a provision to increase dearness allowance every two years.
2. OBJECT AND SCOPE OF THE ACT
The main aim of the enactment is to make provisions for statutory fixation of minimum rates of wages in scheduled employment wherein labour is not organized and sweated labour is most prevalent. An underdeveloped country like India faces the problem of unemployment in a very large scale. Workers may offer to work even on starvation wages. Employers may be ready to offer them the work at starvation wages. What the Act purports to achieve is to prevent the exploitation of labour and for that purpose, authorizes the appropriate Government to take steps to prescribe the minimum rates of wages in certain employment.
a. Definitions Wages [sec 2(h)]
Wages means all remuneration capable of being expressed in terms of money, which would, if terms of contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment and includes house rent allowance any traveling allowance or the value of any traveling concession; any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (v) any gratuity payable on discharge.
b. Fixation & Revision of Minimum Wages Sec. 3 (1 – A)
The appropriate govt may refrain from fixing the minimum rates of wages fixed by it, in respect of any scheduled employment in which these are, in the whole state, less than one thousand employees engaged in such employment. A min rate ( whether a time rate r a piece rate) to apply in substitution for the min rate which would otherwise be applicable, in respect of overtime work done by employers (referred to as ‘overtime rate’)
c. Different Minimum Rates (Sec 3(3))
In fixing or revising min rates of wages; a) Diff min rates of wages may be fixed for- i) Diff scheduled employment; ii) Diff classes of work in the same scheduled employment; iii) Adults, adolescents, children and apprentices; iv) Diff Localities Min rates of wages may be fixed for any one or more of the following wage periods namely- i) By the hour ii) By the day iii) By the month iv) By such other larger wage periods as may be prescribed.