Violation of Minimum Wage Policy: Incidents that owners are not paying minimum wages to their labourers, complaints from labourers
Violation of Minimum Wage Policy: Incidents that owners are not paying minimum wages to their labourers
GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA
UNSTARRED QUESTION NO: 291
ANSWERED ON: 24.06.2019
Violation of Minimum Wage Policy
Nalin Kumar Kateel
Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:-
(a) whether the Government is aware that there are increasing incidents that owners are not paying minimum wages to their labourers;
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(b) if so, whether the Government has received any complaints from labourers and any organization in this regard;
(b) if so, whether the Government has received any complaints from labourers and any organization in this regard;
(c) if so, the details of the complaints received during the last three years, State/ UT/district and year-wise;
(d) whether the Government is taking any effective steps to ensure that there is no violation of Minimum Wage policy in the country and if so, the details thereof; and
(e) whether the Government is taking all necessary measures to create awareness among labourers about their rights and if so, the details thereof?'
ANSWER
MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT
(SHRI SANTOSH KUMAR GANGWAR)
(a) to (c): Yes, Sir. The regular inspections are carried out for ensuring the compliance of Labour Laws. The details of inspections conducted under Minimum Wages Act, 1948 and Payment of Wages Act, 1936 for ensuring the timely payment of statutory wages during the last three years is enclosed herewith as Annexure ‘A’.
(d): Yes, Sir. The Officers of Central Industrial Relations Machinery (CIRM) are regularly conducting inspections under various labour laws, to ensure that the workers are being paid the minimum wages at the rate fixed according to the nature of work as provided under the Minimum Wages Act, 1948. However, if there is any case pertaining to the non-payment or less payment of minimum wages to the workers, the officers of the CIRM immediately take action by filing claim cases before the authority under the Minimum Wages Act, 1948 and for other violations prosecutions are filed in the court. The details of the claim cases decided, the amount awarded to the workers during the last three years and prosecution filed in the court under Minimum Wages Act, 1948 and Payment of Wages Act, 1936 are enclosed herewith as Annexure ‘B’.
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(e): Yes, Sir. Measures to create awareness among labourers about their rights have been provided under Rule 22 of the Minimum Wages (Central) Rules, 1950 framed under the Minimum Wages Act, 1948. Rule 22 of the Minimum Wage (Central) Rules, 1950 prescribes that Notices in the Form IX-A containing the minimum rates of wages fixed together with abstracts of the Act, the rules 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 in the employment at the main entrances to the establishment and at its office and shall be maintained in a clean and legible condition. Such notices shall also be displayed on the notice-boards of all sub-divisional and district offices.
(e): Yes, Sir. Measures to create awareness among labourers about their rights have been provided under Rule 22 of the Minimum Wages (Central) Rules, 1950 framed under the Minimum Wages Act, 1948. Rule 22 of the Minimum Wage (Central) Rules, 1950 prescribes that Notices in the Form IX-A containing the minimum rates of wages fixed together with abstracts of the Act, the rules 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 in the employment at the main entrances to the establishment and at its office and shall be maintained in a clean and legible condition. Such notices shall also be displayed on the notice-boards of all sub-divisional and district offices.
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ANNEXURE-A
Annexure referred to in reply to Parts (a) to (c) of Lok Sabha Unstarred Question No. 291 for 24.06.2019 raised by Shri Nalin Kumar Kateel regarding “Violation of Minimum Wage Policy”.Minimum Wages Act, 1948
| S.No. |
Particulars
| 2015-16 | 2016-17 | 2017-18 |
2018-19
Upto March,2019
|
1
| No. of Inspections Conducted | 9803 | 9151 | 9187 |
8327
|
2
| No. of Irregularities detected | 75938 | 61689 | 77399 |
61489
|
3
| No. Irregularities Rectified | 46467 | 53255 | 39620 |
34465
|
4
| No. of Prosecutions Launched | 1549 | 2321 | 1651 |
2081
|
5
| No. of Convictions | 1476 | 1951 | 2205 |
651
|
Payment of Wages Act, 1936
| S.No. |
Particulars
| 2015-16 | 2016-17 | 2017-18 |
2018-19
Upto March,2019
|
1
| No. of Inspections Conducted | 1628 | 2422 | 3246 |
2670
|
2
| No. of Irregularities detected | 15369 | 23977 | 24735 |
20176
|
3
| No. Irregularities Rectified | 16836 | 20501 | 12406 |
13502
|
4
| No. of Prosecutions Launched | 226 |
566
| 447 |
413
|
5
| No. of Convictions | 281 |
269
| 642 |
89
|
ANNEXURE -B
Claim cases under Minimum Wages Act, 1948
YEAR
| NO. OF CLAIMS | AMOUNT (IN LAKHS) | ||||
| B/F | FILED | DECIDED | AWARDED (Rs.) | RECOVERERD (Rs.) |
PAID TO WORKES (Rs.)
| |
1
|
2
|
3
|
4
|
5
|
6
|
7
|
| 2015-16 | 3672 | 743 | 1796 | 66654417 | 44128036 | 34879425 |
| 2016-17 | 2610 | 1198 | 1138 | 96684922 | 49485990 | 48540964 |
| 2017-18 | 2617 | 1464 | 1230 | 161901419 | 25485526 | 29794099 |
2018-19
Upto March,2019
| 2790 | 1908 | 1307 | 26,75,44,000 | 2,25,90,000 | 2,97,95,000 |
Claim cases under Payment of Wages Act, 1936
YEAR
| NO. OF CLAIMS | AMOUNT AWARDED(IN LAKHS) | ||||
| B/F | FILED | DECIDED | AWARDED (Rs.) | RECOVERERD (RS.) |
PAID TO WORKES (Rs.)
| |
1
|
2
|
3
|
4
|
5
|
6
|
7
|
| 2015-16 | 183 | 103 |
86
| 16110659 | 11386495 | 11350000 |
| 2016-17 | 195 | 157 |
36
| 5748232 | 821840 | 1072547 |
| 2017-18 | 262 | 252 |
172
| 35282676 | 636136 | 2729575 |
2018-19
Upto March,2019
| 332 | 350 |
381
| 1,76,19,000 | 3,26,18,000 | 1,27,33,000 |
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Source: PDF/WORD(Hindi) PDF/WORD
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