Monday 8 June 2015

Minimum Wages- Correlation with productivity of an employee

To discuss this topic we can take help of one of the case of Supreme Court of India. As per the said case, the minimum wage fixed in the notification under Minimum Wages Act, 1948 is not fixed with reference to any particular quality of work turned out by the employee nor does the notification under Minimum Wages Act, 1948 empower the employer to fix any particular norm of work to be carried out by the employee with reference to which the minimum wages shall be paid by the employer. The employer may fixed any norm as employer think fit specifying the quantity of work which must be given by the employee during the day, but if the employee does not turn out work in conformity with such norm then in that scenario the employer cannot pay said employee anything less than the minimum wages. Furthermore, the employer may take disciplinary action against such employee.

Thus, the employer / management of any organization are not entitled to make deductions from the minimum wage on account of less productivity of an employee.

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.


Wages for weekly off during the maternity leaves whether payable under Maternity Benefit Act for daily wage earner female employee.

The question related to “Wages for weekly whether also to be included while calculating the maternity benefit which will be payable to a female daily wage earner under Maternity Benefit Act, 1961?” has got different views altogether.

To explain this we can take reference of one of the case of High Court of Madras (Chennai) where it has mentioned that while the calculation of maternity benefit, it has to be made for all the days including weekly off days which are generally wage less days for a daily wage earner so as to ensure that such female worker gets for the said period not only the amount equivalent to 100% of the wages which she was previously earning in terms of Section 3 (n) of Maternity Benefit Act, 1961 but also the benefit for all the weekly off days falling in between said maternity period.

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.

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