Page 108 - DCOM207_LABOUR_LAWS
P. 108

Unit 6: Payment of Wages Act, 1936




          All the amounts realized in our organization are credited to a common fund maintained for the   Notes
          staff as a whole and are applied for common welfare of the employees as a whole increasing the
          Quality work life of the employees.


                 Example: When  the  persons  employed  upon  of  in  any  railway,  factory  or  industrial
          establishment, are part only of a staff employed under the same management, all such realisations
          may be credited to a common fund maintained for the staff as a whole, provided that the fund
          shall be applied only to such purposes as are provided by the prescribed authority.
          6.6.3 Deductions for Services Rendered


          Deductions for house accommodation and for amenities and services rendered by the employer
          are permitted, but only when an employed person has accepted the house accommodation,
          amenity  or  service  as  a  term  of  employment  or  otherwise,  and  shall  not  exceed  an  amount
          equivalent to their value. Furthermore, the deductions in respect of amenities and services can be
          made subject only to the following conditions:
          l z  The approval of the Chief Inspector of Factories shall be obtained in writing to compulsory or
               general deductions from waves for any amenities or services provided by the employer.

          l z  The kind and standard of services and amenities provided shall be subject to the approval
               of the Chief Inspector of Factories.

          l z  The maximum deduction shall not exceed half the wages at any period. Penalty for the
               contravention of any provisions of this Section is up to ` 500.
          The  house  accommodation,  for which  deductions  are now allowed,  may be supplied  by the
          employer or by Government or by any housing board set up under law, e.g., under the Subsidised
          Industrial Housing Scheme (whether the Government or the board is the employer or not) or any
          other authority engaged in the business of subsidising house-accommodation.

          6.6.4 Deductions for Recovery of Advances (Sec. 12)

          Deductions for recovery of advances or for adjustment of over-payments of wages can be made
          only on the following conditions:
          1.   An advance of money made before employment must be recovered from the first payment
               of wages, but advances given for travelling expenses can in no case be recovered.
          2.   Advances of wages not already earned are subject to rules made by State Governments,
               which are as follows:

               ™ z  an advance of wages not already earned shall not, without the previous permission
                    of an Inspector, exceed an amount equivalent to the wages earned by the employed
                    person during the preceding two (Bombay four) calendar months, or if he has not
                    been employed for that period, mice the wages he is likely to earn during he two
                    (Mumbai four) subsequent calendar months;

               ™ z  the advance may be recovered in installments by deductions from wages spread over
                    not more than twelve (Bombay eighteen) months. No instalment shall exceed one-
                    third, or where the wage of any wage-period are not more than twenty rupees, one
                    fourth of the wages for the wage-period in respect of which the deduction is made;
               ™ z  the amounts of all advances sanctioned and the payment thereof shall be entered in
                    a prescribed register;
               ™ z  (Bombay only) the rate of interest charged for advances granted shall not exceed 6
                    per cent per annum.
          Penalty for contravention is fine up to ` 500.




                                           LOVELY PROFESSIONAL UNIVERSITY                                   103
   103   104   105   106   107   108   109   110   111   112   113