Page 305 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Corporate Legal Framework

Notes Hours of Work, Overtime etc.

The Act also provides for regulation or working hours, overtime, weekly holidays and overtime
wages. Period and payment of wages, and deductions from wages are also regulated. (Section—
13 to 17).
Claims under the act (section-20): This section makes provisions to appoint authorities to hear
and decide all claims arising out of payment less than the minimum rates of wages or any other
monetary payments due under the Act. The presiding officers of the Labour court and Deputy
Labour Commissioners are the authorities appointed.

Who can file a claim petition?

1. The Employee or

2. Any legal practitioner or any official of a regd. Trade union authorized in writing to act on
his behalf or
3. Any Inspector or

4. Any person acting with the permission of the authority under Section-20 (I)

Registers and Records

Every employer shall maintain the following registers and records as required under the Kerala
Minimum Wages Rules, 1958 enacted vide section-30 of the Act.
1. Register of wages in Form No. XI or Form XII

2. A muster-roll in Form No. VI
3. Register of fines, Form No. I
4. Register of deductions for damage or loss in Form No. II
5. Register of overtime in Form No. V

6. Visit book
7. A wage slips in Form No. XIII shall be issued by every employer to every person employed
by him at least a day prior to the disbursement of wages.

Notice to be exhibited: A notice in Form IV containing the minimum rates of wages fixed
together with the abstract of the Act, the rates made thereunder and the name and address of the
inspector shall be displayed in English and in a language understood by the majority of the
workers.
Annual returns: Annual returns in Form III or Form III a as per rule 21 (4) (iii) shall be submitted
to the Inspector before the first day of the February of the succeeding year.
Preservation of registers: All the registers shall be preserved for a period of three years after the
date of last entry made therein
Penalty: Any employer who contravenes any of the provisions of this Act other than those
relating to Section 12 and 13 of any rule or any order made there under shall be punishable with
fine, which may extend to 500. Any employer who contravenes the provision relating to the
payment of minimum rates of wages fixed (Section- 12) hours of work stipulated for constituting
a normal working day as per section 13 shall be punishable with imprisonment for a term which
may extend to six months or with fine Which may extend to 500/- or with both.

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