Code of Wages
Code of Wages
The Code of Wages was first introduced in Lok Sabha on July 23, 2019 and was passed in the house
on July 30, 2019. Rajya Sabha gave its assent to the code in August, 2019. This code subsumes the
provisions of 04 labour laws of the country, namely, The Payment of Wages Act, 1936, The
Minimum Wages Act, 1948, The Payment of Bonus Act, 1965 and The Equal Remuneration Act,
1976.
Coverage – The code will cover all employees including employees in managerial cadre.
The Central Government have the power to take wage-related decisions regarding
employments in sectors such as railways, oil fields and mines, etc. State governments have
the power to take decisions for all other employments.
Wage Definition – The definition of wages has been standardized under this code. Wages
include salary, allowance or any other kind; however, this does not include HRA, bonus
payable to employees or travel/conveyance allowance of any kind
Floor Wage – Per this code, the central government would fix floor wages taking into
account living standards of workers. This floor wage would differ on the basis of geographic
location. Consultation with the central advisory board and state governments could be done to
form an optimum floor wage. State governments’ minimum wages must be aligned to the
floor wage and should also be higher than it. In the case where minimum wage is already
higher than the floor wage, government is not allowed to reduce the minimum wage.
Minimum Wage Fixation – The code prohibits employers from paying below the minimum
wage assigned by the central and state government. The determination of minimum wage
would be done on the basis of criteria such as skill level and geographical region. Also, there
would be a review of minimum wages after every 5 years.
Overtime and Leave Policy – Under the new code, employers are allowed to increase daily
working hours to 12 hours from 09 hours. However, the employer would need to provide an
additional day off. Thus, when daily working hours are 12, an employee would work for 4
days a week instead of 5. If an employee works for more than 48 hours a week, he/she is
eligible for overtime payment.
Settlement Time – Employers are required to pay the full and final settlement within two
days from employee’s last date of working. State governments are allowed to form guidelines
around the time period for full and final settlement.
Deductions – Employees’ wages may be deducted on grounds of fines, absence from duty,
accommodation given by employer or recovery of advance given to employees. However,
these deductions are capped at a monthly limit of 50% of the total wages.
·Bonus Payment – Employees’ whose wages do not exceed the amount specified by central
and state government are entitled for an annual bonus. The bonus has to 8.33% of wages or
Rs 100 whichever is higher. An employee can receive a maximum bonus of 20% of annual
wages