This question i.e. “can the establishment reduce the minimum
wages paid to the employees by way of notice of changes under Industrial
Dispute Act, 1947 or by settlement?” has also got lots of views from different
individuals and has different answers for same.
To answer this question we can say it cannot be. This is
because it is correct that an employer has right to effect any change in the
condition of service related to any employee in respect of any matter specified
in the Fourth Schedule of Industrial Dispute Act, 1947 by giving notice of
change. It is moreover true that wages is an item specified in the Fourth Schedule
of Industrial Dispute Act, 1947. It is also correct that no notice of change is
required if the change is effected in pursuance of any settlement or award. The
management can revise the wage structure to the prejudice of the employees in
case where due to financial trouble it is unable to bear the burden of the
existing wage. However, in an industry or employment where the wage structure
is at the level of minimum wage no such alteration / revision to the prejudice
of employees at all are permissible, not even on the basis of any financial
difficulty or incapacity.
To get the supporting case law for this do write us on girishvivalkar979@gmail.com
Hope this small write up will give insight about pertained
subject.
IMPORTANT:
Information in this blog is being provided as-is without any
warranty/guarantee of any kind.
This blog is intended to provide information only. If you
are seeking advice on any matters relating to information on this blog, you
should – where appropriate – contact us directly at girishvivalkar979@gmail.com with your specific query or seek advice from qualified professional people.
We encourage you to take steps to obtain the most up-to-date
information and to confirm the accuracy and reliability of any information on
this blog in general by directly communicating with us.
No comments:
Post a Comment