Page 173 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes 9.3.7 Minimum Time – Rate Wages for Piece Work (Section 17)

Where an employee is engaged in work on piece work for which minimum time rate and not a
minimum piece rate has been fixed, wages shall be paid in terms of Section 17 of the Act at
minimum time rate.

9.3.8 Maintenance of Registers and Records (Section 18)

Apart from the payment of the minimum wages, the employer is required under Section 18 to
maintain registers and records giving such particulars of employees under his employment, the
work performed by them, the receipts given by them and such other particulars as may be
prescribed. Every employee is required also to exhibit notices, in the prescribed form containing
particulars in the place of work. He is also required to maintain wage books or wage-slips as
may be prescribed by the appropriate Government and the entries made therein will have to be
authenticated by the employer or his agent in the manner prescribed by the appropriate
Government.

9.3.9 Authority and Claims (Sections 20 and 21)

Under Section 20(1) of the Act, the appropriate Government, may appoint any of the following
as an authority to hear and decide for any specified area any claims arising out of payment of
less than the minimum rate of wages or in respect of the payment of remuneration for the days
of rest or of wages at the rate of overtime work:
(a) any Commissioner for Workmen‘s Compensation; or

(b) any officer of the Central Government exercising functions as Labour Commissioner for any
region; or
(c) any officer of the State Government not below the rank of Labour Commissioner; or

(d) any other officer with experience as a Judge of a Civil Court or as the Stipendiary Magistrate.
The authority so appointed shall have jurisdiction to hear and decide claim arising out of
payment of less than the minimum rates of wages or in respect of the payment remuneration for
days of rest or for work done on such days or for payment of overtime.
The provisions of Section 20(1) are attracted only if there exists a disputed between the employer
and the employee as to the rates of wages. Where no such dispute exists between the employer
and employees and the only question is whether a particular payment at the agreed rate in
respect of minimum wages, overtime or work on off days is due to an employee or not, the
appropriate remedy is provided by the Payment of Wages Act, 1936.

Self Assessment

Fill in the blanks:

11. Wages fixed or revised by the Government in respect of scheduled employments from
time to time which consists of Basic wage + variable dearness allowance are called as
........................................

12. Any employee on any day having worked excess of number of hours prescribed is
........................................ to over time at double the wage except in agriculture wherein it is
1 ½ times of the wage.
13. Full form of VDA is ........................................

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