The Minimum Wages Act, 1948 is intended to
primarily safeguard the interest of workers particularly in unorganised sector.
While fixing the minimum wages for different employments covered in the
Schedule, the norms recommended by Indian Labour Conference (ILC) 1957 and the judgement of Hon’ble Supreme Court delivered in the case of Reptakos& Co. Vs. its workers are kept in view.
There is large
scale variation of minimum wages both within the country and internationally
owing to differences in prices of essential commodities, paying capacity,
productivity, local conditions, items of the commodity basket, differences in
exchange rates etc.
In view of this it
is not possible to compare the minimum wages in the country with International
Standards.
The
summary of the discussion held in the Labour
Conference pertaining to minimum wages is at Annexure I.
The
norms recommended by the Indian Labour Conference (ILC), held in 1957 are taken
into accountwhile fixing the minimum wages. These are as follows:-
(i) 3 consumption units for one earner.
(ii) Minimum food requirements of 2700 calories per
average Indian adult.
(iii) Clothing requirements of 72 yards per annum per
family.
(iv) Rent corresponding to the minimum area provided for
under Government’s Industrial Housing Scheme.
(v) Fuel, Lighting and other miscellaneous items of
expenditure to constitute 20% of the total minimum wage.
This information was given by Minister of
Labour and Employment Shri Mallikarjun Kharge in reply in reply to a written
question whether the minimum wage in
the country is at par with international standards for offering a reasonably
comfortable life in the current economic scenario; the recommendations of the
Indian Labour Conference in this regard; and
any proposal to adjust the wage on the basis of calorie intake of the
workers family in the Lok Sabha
today.
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ST/-
Annexure-I
A Conference
Committee of the 44th session of ILCwas
constituted to discuss Minimum Wages and related issues. These issues, inter
alia, include norms for fixation/revision of minimum rates of wages, Variable
Dearness Allowance(VDA), National Floor Level Minimum Wages etc. On
the basis of detailed discussion, the following points emerged.
1. There was broad consensus that the Government may fix minimum wages as
per the norms/ criteria recommended by the 15th ILC (1957) and the
directions of the Hon’ble Supreme Court (Reptakos& Co. Vs. its workers Union) 1992. The Government may take necessary steps
accordingly.
2. It was suggested that the Minimum Wages Act should cover all employments
and the existing restriction for its applicability on the scheduled employments
only should be deleted. This will also help India ratify ILO Convention No.131.
3. It was broadly agreed that there
should be national minimum wages applicable to all employments throughout the
country.
4. It was pointed out that the payment to the apprentices should be treated
differently from the other categories.
5. The Committee noted that at present there are 12 States/UTs who have not
adopted VDA. There was consensus that all States/UTs should adopt VDA.
6. It was also recommended that the
payment of minimum wages should be done through Banks/Post Offices etc.
7. It was felt that the enforcing agencies should not be given the power of
adjudication and, therefore, this proposal should be re-examined.
8. Regarding penal provision for
violation of the Act, it was felt that imprisonment clause under Section 22 and
22A is harsh to the employer and may be re-examined. Further, it was felt that non-maintenance of
registers should not attract imprisonment.
9. The proposal of paying different
minimum wages in respect of same employment either in the Centre or in the
States should be done away with.
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