wages and payment
TRANSCRIPT
WAGES AND PAYMENT
Md. Saifur rahaman saif
EASTERN UNIVERSITY, BD
Purpose:
• To regulate the payment of wages to certain classes of
employed persons. Two fold:-
• First the date of payment of wages and
• Secondly the deductions from wages whether as fine or
otherwise.
DEFINITION OF WAGES
RESPONSIBILITY FOR PAYMWNT OF WAGES
FIXATION OF WAGES PERIODS
TIME OF PAYMENT OF WAGES
WAGES TO BE PAID IN CURRENT COIN OR CURRENCY NOTES
DEDUCTIONS WHICH MAY BE MADE FROM WAGES
DEDUCTIONS FOR ABSENCE FROM DUTY
DEDUCTION FOR DAMAGE OR LOSS
DEDUCTIONS FOR SERVICES RENDERED
DEDUCTION FOR RECOVERY OF ADVANCES
OTHER DEDUCTIONS FROM WAGES
TABLE OF CONTENTS :
• Wage includes any remumeration:-
• Payable under any award or settlement between the
parties or order of a Court;
• Over time work or holiday or any leave period;
• Any additional remuneration under the terms of
employment.
Wage does not includes any bonus, pension fund or provident fund, travelling allowance and any gratuity
Every employer shall be responsible for the payment to persons employed by him of all wages required to be paid under this code:
Provided that , in the case of persons employed otherwise than by a contractor , the chief executive of the establishment or the manager or a persons responsible to the employer for the control and supervision of the establishment shall be responsible for such payment.
Responsibility for payment of wages:
1. Every person responsible for the payment of wages under section 121 shall fix periods in respect of which
such wages shall be payable.
2. No wages period shall exceed one month.
the wages of every persons employed in an
establishment shall be paid before the expiry of the seventh day of the wage-period in respect of which the wages are payable.
All payment of wages shall be made on a working day .
Time of payment of wages:
Wages to be paid in current coin or currency notes:
All wages shall be paid in current coin or currency notes or in bank
cheque.
Except as authorized by or under this code no
deduction can e made from the wages of an employee.
Deduction from the wages of an employed person shall be made only in accordance with the provisions of this Code and may be of the following kinds only, namely:-
Fines imposed under section 25
Deduction for unauthorized absence from duty
Deductions which may be made from wages:
Deduction may be under clause of (b) sub-section (2)
of section 125 only on account of the absence of an employed person from the place or places,
where by the terms of his employment he is required to work, such absence being for the whole or any part of the period during which he is required to work.
Deduction for absence from duty:-
All such deductions and all realization thereof shall be receded in a Register to
be kept by the person responsible for the payment of wages in such from as may
be prescribed.
When accommodation amenity or service h
as been accepted by the employee. {Section 11}
Deduction for recovery of
advance:-
Deductions under clause (f) of sub-section (2) of section 125 shall be subject to the flowing conditions, namely :-
Other deduction from wages:-
Deductions made under causes (j) ,(k) and (1) of sub-section (2) of section 125 shall be made in accordance with the conditions imposed by the Government.
Subject to other provisions of this chapter, if any unpaid
wages to an employee cannot be paid, due to his death or because he cannot be found, his wages shall be paid-
a. to the nominee made in this behalf by the worker as per rules;
b. to the labour Court, in the absence of such nominee or such nominee cannot be paid for any reason.
c. where such payment has been paid to the nominee or to the court as per sub-section (1) above, the employer shall be relieved of his responsibility to pay wages.
Payment of unpaid wages for a worker
who is dead:-
(1) The appropriate Government may, by notification in the
Official Gazette, appoint—
a) any Commissioner for Workmen’s Compensation; or
(b) any officer of the Central Government exercising
functions as,—
(i) Regional Labour Commissioner; or
(ii) Assistant Labour Commissioner with at least two
years’ experience; or
(c) any officer of the State Government not below the rank
of Assistant Labour Commissioner with at least two
years’experience;
Claims out of deductions from wages or delay in payment of wages:-
(d) a presiding officer of any Labour Court or Industrial Tribunal, constituted under the Industrial Disputes Act, 1947 (14 of 1947) or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the State
(e) any other officer with experience as a Judge of a Civil Court or a Judicial Magistrate, as the authority to hear and decide for any specified area all claims arising out of deductions from the wages.
Continue……..
No court fees apart from fees for service of summon shall be paid by the applicant for application under
section 132.
For the purpose of 132 section “employed unpaid group” includes workers who are borne on the same establishment and if their wages for the same wage-periods have remained unpaid.
Single application in respect of claims from an unpaid group:-
(1) An Appeal against a direction made under section 132
may be preferred , within thirty days of the date on which the direction was made, before the tribunal.
Save as provided in his section , any direction made by the labour Court under section 132 shall be final.
Section 5 of the limitation Act 1908 shall be applicable to appeal under this section.
Appeal:-
(1) where at any time:-
(a) after an application has been field under section 132, the labour Cort ;
or
(b) after an appeal has been field under section 135, the Tribunal
Conditional attachment of property of the employer or the person responsible for payment of wages:-
**When the labour Court or the tribunal referred to in section 121 is unable to recover any amount ordered by
itself from any person responsible to pay wages, the court or tribunal shall recover the amount from employer of the
employed person concerned.