ppsomanathan Started The Discussion:
As per minimum wages Act, the minimum wages are fixed by the Govt. for 8 hours work. If a labour is engaged for below 8 hours, such as in the case of cleaning an office for say 3 hours or four hours etc, can the minimum wages be paid proportionaly ? Expert opinion is solicited please
I beg to differ from the views of Mr Krishnamoorthy. The wages payable are for 8 hours of work. In case an employer has no work for 8 hours and wants to engage a person only for 4 hours daily, in my view pro-rata payament could be made.
I am not aware if there is any court ruling to the contrary.
I am afraid that the opinion that "the part-time worker" is not a worker and hence no minimum wages ceiling could apply and (2) proportionate minimum wages are applicable to part time employees who work for less than 8 hours is not correct.
The Shops & Establishment Act of States speaks only of a "worker". (2) No mention is made about proportionate payment for those engaged for less than 8 hours.
As I have already said, if anybody cites any legal decision, it would clarify the matter.
A part time worker is not recognised in india statutorily and no Indian Labour Law defines the part time worker like the European Countries where the part time worker is authorised to do part time job and where his hours of part time job are prescribed under their law.
However this does not mean we can not hire the part time worker. We can hire the part time worker with certain riderships stipulated in the Minimum wages act, 1948 and Industrial Dispute Act, 1947. 1)The test lies in the provisions /notifications under the Minimum Wages Act where if a person is engaged for more than four hours a day then he is entitled for the full wages of the day.
2} If a person qualifies the integaration test set by the Supreme court of India in case of Sandoz eg.
A person can be said to be fulfilling the integration test if -
(i) he works for substantial quantum/length of normal working time/hours of particular organization/employer
e.g. 75% of total working time (on the analogy in case of Sandoz);
(ii) he is engaged to do the work which is the principal work of the employer/organization.
(iii) he is subject to similar controls, conditions, rules, etc. which apply to those employees who work whole
time with the employer/organization
If the part time worker is covered under the 1 and 2 above then he is entitled for the full wages.
If a part time worker is hired for below 4 hours work then is not entitled for the full wages and is entitled for the proportionate wages. The part time worker even working for one hour is entitled to be called as worker under the Industrial Dispute Act as the definition of worker in section 2( s) is couched in such a way to include the part time worker and part time worker is not specifically excluded from the definition of the worker under the Industrial Dispute Act.
A part time journalist is recognised under the Act of Working Journalist and other Newspaper Employees (Conditions of Service) and Miscellaneous
Provisions Act, 1955 as a newspaper employee.
Under Minimum Wages Act, 1948, Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972,
Payment of Wages Act, 1936, Working Journalists & Other newspaper Employees (Conditions of Service)
and Miscellaneous Provisions Act, 1955, Workmen's Compensation Act, 1923, Employees' Provident Fund
and Miscellaneous Provisions Act, 1952 and Employees' State Insurance Act, 1948, the substantive definition
of "wages" is the same as except a few changes in the excluded categories.
However in the History of India the part time worker were recoginsed in the famous Awards like Shastry Awards, and Desai Awards for the dispute of All India Banks employee union. Lator the part time employement is recognised by the Supreme Court of India too and maximum judgements of the All India high Courts too recognised the part time worker and extended the umbrella of Industrial Dispute Act to them and defined that part time worker is a worker under the Industrial Dispute Act. More over a part time worker is entitled to draw dearness allowance and bonus over the basic pay in accordanced with the industrial awards in India.
In suport of all i am attaching the famous judgements for information to all.
Thanks to all.
Adv. Raj Singh Phogat
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