The Payment of Wages Act regulates the payment of wages to certain classes of employees in industries. It aims to ensure regular and timely payment of wages in a particular form without any unauthorized deductions. The Act applies to employees earning less than Rs. 6,500 per month in factories, railways and other establishments notified by the State Government. It mandates that wages be paid within a certain time period and specifies the limited deductions that can be made from wages. Non-compliance can result in penalties and employees can raise claims regarding unauthorized deductions or delayed wages to the appointed authority.
Strike and Lockout - Legal and illegal strikes and lockouts,
Justified and unjustified strikes and lockouts, Strike and lockout in public utility services and other industries, Distinction between
lockout and closure, strike and lockout.
BONUS ACT BASICS
A bonus is an extra amount of money that is added to someone's pay, usually because they have worked very hard.
The practice of paying bonus in India appears to have originated during First World War when certain textile mills granted 10% of wages as war bonus to their workers in 1917.
This material is a part of our PGPSE programe. Our programme is available for any student after class 12th / graduation. AFTERSCHO☺OL conducts PGPSE, which is available free to all online students. There are no charges. PGPSE is a very rigorous programme, designed to give a comprehensive training in social entrepreneurship / spiritual entrepreneurship. This programme is aimed at those persons, who want to ultimately set up their own business enterprises which can benefit society substantially. PGPSE is a unique programme, as it combines industry consultancy, business solutions and case studies in addition to spirituality and social concerns. You can read the details at www.afterschoool.tk or at www.afterschool.tk
Strike and Lockout - Legal and illegal strikes and lockouts,
Justified and unjustified strikes and lockouts, Strike and lockout in public utility services and other industries, Distinction between
lockout and closure, strike and lockout.
BONUS ACT BASICS
A bonus is an extra amount of money that is added to someone's pay, usually because they have worked very hard.
The practice of paying bonus in India appears to have originated during First World War when certain textile mills granted 10% of wages as war bonus to their workers in 1917.
This material is a part of our PGPSE programe. Our programme is available for any student after class 12th / graduation. AFTERSCHO☺OL conducts PGPSE, which is available free to all online students. There are no charges. PGPSE is a very rigorous programme, designed to give a comprehensive training in social entrepreneurship / spiritual entrepreneurship. This programme is aimed at those persons, who want to ultimately set up their own business enterprises which can benefit society substantially. PGPSE is a unique programme, as it combines industry consultancy, business solutions and case studies in addition to spirituality and social concerns. You can read the details at www.afterschoool.tk or at www.afterschool.tk
This is a short presentation for beginners wanting to learn a bit about the Indian Income-tax Act. It gives a snapshot of some of the basic terms in the Indian income-tax law. Hard core tax practitioners may kindly stay away! It's only the common man.
Gratuity is an old age retiral social security
benefit. It is a lump sum payment made by an
employer to an employee in consideration of
his past service when the employment is
terminated. In the case of employment coming
to an end due to retirement or superannuation,
it enables the affected employee to meet the
new situation which quite often means a
reduction in earnings or even total stoppage of
earnings. In the case of death of an employee,
it provides much needed financial assistance
to the surviving members of the family. Gratuity
schemes, therefore, serve as instruments of
social security and their significance in a
developing country like India where the general
income level is low cannot be over emphasised.
Presentation will be useful for industry practitioners, students as well as auditors. It provides a quick and easy reference to all the operational provisions of the act.
A bonus payment is usually made to employees in addition to their base salary as part of their wages or Salary. While the base salary usually is a fixed amount per month, bonus payments more often than not vary depending on known criteria, such as the annual turnover, or the net number of additional customers acquired, or the current value of the stock of a public company. Thus bonus payments can act as incentives for managers attracting their attention and their personal interest towards what is seen as gainful for their companies' economic success. There are widely‐used elements of pay for performance and working well in many instances, including when a fair share of an employees participation in the success of a company is desired. There are, however, problematic instances, most notably when bonus payments are high. When they are tied to possibly short-lived figures such as an increase in monthly turnover, or cash flow generated from an isolated marketing action, such figures often do not reflect a solid reliable win for a company, and they certainly do not reflect a manager's lasting efforts to the company's best. On the contrary, such figures are prone to being adjusted or even manipulated to the benefit of those employees who are responsible for reporting them, while they are already planning their leave with a golden handshake.
Payment of Wages Act, 1936 - India
Introduction
wages
responsibility for payment of wages
fixation of wages
time of payment of wages
deductions
fines
claims
Appeal
penalty
references
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
4. Recommended by Royal Commission of labour to
regulate delays & deductions in payment of wages to
industrial plantation labour.
Act came into force from 28th March 1937
On same grounds, Maharashtra Payment of Wages Rules
passed in 1963.
This Act is in 3 parts:
PART I
•Regulation and
payment of wages
PART II
•Specifies head
under which
deductions can be
made.
PART III
•Provides machinery
enforcing specific
claims
5. To regulate the payment of wages to certain classes of
employees in industry in particular form and at regular intervals.
To prevent unauthorised deductions from the wages.
Merely concerned with fixation of wage periods and not fixation
of wages.
APPLICABILITY
• Applicable to persons employed in any factory, railway & such
other establishments – wherein State Government can extend
provision of Act by Notification after giving 3months notice to that
effect.
•Persons drawing less than Rs.6,500 per month in respect of a wage
period are covered under this Act.
6. 1. WAGES: Remuneration – Salary, allowance / otherwise expressed
in terms of money, payable to person employed in respect of work
done.
Includes Wage payable under –
a. Award, Settlement or order of court.
b. Overtime work, holidays, leave period.
c. Termination of employee wherein payment is mandatory under any
law.
d. Any scheme framed under any law for the time being in force.
Excludes :
a. Any bonus- profit sharing or otherwise which is not a part of
settlement or order of court.
b. Service/ Amenity provided by the company in general or by special
order of state government.
7. c. Any travelling expense
d. Gratuity payable on termination
e. Special expenses entailed on employee
f. Provident fund and pension and outstanding interest
contributed by employer.
2. EMPLOYER: Includes: Legal representative of
deceased employer.
8. • The responsibility for the payment of wages under the ACT is
of the employer or his representative.
• Wages may be payable daily, weekly, fortnightly and monthly.
Should not extend a period longer than one month
• If there are 1000 person employed in a company there the wage
shall be paid before the 7th day
• If there are more than 1,000 employed the wage shall be paid
before the 10th day.
• Terminated employee is entitled to receive the wage earned by
him before the expiry of the 2nd working day from the day on
which his service has been terminated ( Section 5(2) ).
9. DEDUCTION: ‘SUBTRACT’, ‘TAKE AWAY’, ‘WITH
HOLD’
WAGE DEDUCTIONS: No Specific definition for deduction.
However the Act DOES SPECIFY THE HEADS FROM
SECTION 7-13 Under which deductions can be made.
Only those deductions that are authorised BY/UNDER The ACT
can be levyed.
10. Deduction for FINES
Deduction for ABSENCE FROM DUTY
Deduction for DAMAGE/LOSS
Deduction for HOUSE ACCOMODATION
Deduction for AMMENITIES + SERVICES
Deduction for RECOVERY OF ADVANCES
Deduction for RECOVERY LOANS MADE FOR THE
WELFARE OF LABOUR
Deduction for RECOVERY LOANS GRANTED FOR HOUSE
BUILDING
Deduction for PAYMENT TO CO-OPERATIVE SOCITIES AND
INSURABLE SERVICES
11. Deduction Of INCOME TAX
Deduction made UNDER ORDERS OF COURT
Deduction for CONTRIBUTION TO PROVIDENT FUND
Deduction for CONSTITUTION OF A WELFARE FUND FOR
EMPLOYED PERSON + FAMILY MEMBERS
Deduction in respect of FEES PAYABE FOR MEMBERSHIP
TO TRADE UNION
Deduction for PAYMENT OF INSURANCE PREMIA ON
FIDELITY GUARANTEE BONDS
Deduction for RECOVERY OF LOSSES SUSTAINED BY
RAILWAY ADMINISTRATION
Deduction for CONTRIBUTION TO PRIME MINISTERS
NATIONAL RELEF FUND
12. Under Section 14 of this Act the appointment of
Inspector is done.
Act provides the appointment of person to be authority
to hear decide any specified area claim arising out of
deduction from wages or delay in payment wages under
section 15.
There are three distinct categories of person prescribe as
authorities:
A presiding officer of labour court.
Any commissioner for workmen’s compensation.
Other office with experience as judge of civil court or a
stipendiary.
13. Claims arising out of deduction & Delay of wages and
penalty for malicious claims will be heard and decided by
the authority appointed by government.
The authority under the act can only adjudicate upon the
claim regarding the deduction & Delay in payment wages.
The appeal lies against the decision of the authority to a
court of small causes in a metropolitan town and before the
District Court within the period of 1 month.
The employer can appeal provided the total amount
deducted exceeds Rs 300.
The authority have all the power of a civil court under the
Civil Procedure Code ( Sec 17, 17A & 18 )
14. Whoever being required under this Act to
Registers, maintain or to furnish any information
(a) Fails to maintain such register or record; or
(b) Willfully refuses or without lawful excuse neglects to furnish
such information or return; or
(c) Willfully furnishes information which he knows to be false; or
refuses to answer or willfully gives a false answer to any
question necessary for obtaining any information required to be
furnished under this Act; Shall, for each such offence, be
punishable with fine which shall not be less than 200 rupees
but may extend to 1000rupees.
15. To fix wage period not exceeding one month.
To pay wages in cash or by cheque after taking written
authorization of the employed person
To pay wages on any working day
To make deductions permissible only under section 7 from
wages of the employed person
To ensure the deductions do not exceed 75% where
payment to a cooperative society has to be made, in any
other cases, deductions do not exceed 50%
Not to impose fines exceeding 3% of wages of the
employees
To recover fines within 60 days of the date of offence.
To display abstract of the Act and the Rules in English and
in language understood by the majority of workmen.
To maintain:
a. Register of fines
b. Register of wages
c. Register of deductions for damage or loss
d. Register of advances
19. Wages
Remuneration payable to person employed in respect of his
employment or work done
Includes
• Rem. under award/settlement
•Overtime/holiday/leave
•Sum payable on termination
•Any scheme under law
Excludes
•Bonus not forming
part of terms
•General/Special order
of SG
•Employers Contri. To
PF/Pension & Interest
there upon
•Travel Concession
•Sum paid to defray
expense due to
employment
•Gratuity
25. Categories of Authorities
Sec 15(1)
P.O. of labour court, tribunal
Judge of civil
court/Stipendary magistrate
Commissioner for workmen
compensation
26. Claims & Appeals
Appointed
authority
Joint application
allowed
Appeal
In 1 month
Employer appeal
Amount Deducted
>
Rs. 300
Attach Property
Liability Discharged
Paid to nominee of
deceased
Deposit with
prescribed authority
(Sec 25A)
27. Offences & Penalties
Penalties &
Trial of offences
Jurisdiction of court
Barred
1. Recovery of wages
2. Deduction from wages
(Sec 21)
