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Labour Legislations




                    Notes          5.  If the employment is terminated due to the closure of establishment for any reason other
                                       than a weekly or other recognised holiday, wages will be paid before the expiry of second
                                       working day from the day on which employment is being terminated.
                                   6.  The State Government may, by a general or special order, exempt the person responsible
                                       for the payment of wages from the operation of the above provisions in certain cases.

                                   7.  All payment of wages shall be made on a working day. (Section 5).

                                   Medium of Payment of Wages

                                   All wages  shall be paid in current coin or currency notes or both. The employer may, after
                                   obtaining the written permission of the employed person, pay him wages either by cheque or
                                   by crediting the wages in the bank account. (Section 6).
                                   Deduction from Wages


                                   The wages of an employed person shall be paid to him without deductions of any kind, except
                                   those authorised under the Payment of Wages Act. This is notwithstanding the Provisions of Sec.
                                   47 of the Indian Railways Act, 1890 (Sec. 7).

                                   Kinds of Deductions

                                   The following kinds of deductions are permitted under the Act:
                                   1.  Fines (Sec. 8): Provisions regarding fines are as follow:
                                       a)   No fine shall be imposed on any employed person, except in respect of such acts’
                                            omissions on his  part as the employer, with the  previous approval  of the State
                                            Government or of the prescribed authority, may have been specified by a notice.
                                       b)   The notice specifying the acts and omissions for which fines may be imposed shall
                                            be exhibited in the  prescribed manner on the premises or the place in which the
                                            employment is carried on.

                                       c)   No fine shall be imposed on an employed person until he has given an opportunity
                                            of showing cause against the fine.
                                       d)   The total amount of fine in any one wage period on any employed person shall not
                                            exceed three per cent of the rupee wages payable to him in respect of that wages
                                            period.

                                       e)   No fine shall be imposed on a person who is below the age of fifteen years.
                                       f)   No fine shall be recovered from the employed person by installments or after the
                                            expiry of sixty days from the day on which it was imposed.

                                       g)   Every fine shall be deemed to have been imposed on the day of the act or omission.
                                       h)   All fines and realisations thereof shall be recorded in a register to be kept by the
                                            person responsible for the payment of wages in such form as may be prescribed. All
                                            realisation of fines shall be applied only to such purposes as are beneficial to the
                                            persons employed in the factory.

                                   2.  Deductions for Absence from Duty (Sec. 9)
                                       a)   Deductions may be made on account of the absence of an employed person from
                                            duty from the place or place where, by the terms of employment, he is required to
                                            work.



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