it is very important for Business student.........

1. WAGES AND
PAYMENT
Md. Saifur rahaman saif
EASTERN UNIVERSITY, BD

2. 
Purpose:
• To regulate the payment of wages to certain classes of
employed persons. Two fold:-
• First the date of payment of wages and
• Secondly the deductions from wages whether as fine or
otherwise.

3.  DEFINITION OF WAGES
 RESPONSIBILITY FOR PAYMWNT OF WAGES
 FIXATION OF WAGES PERIODS
 TIME OF PAYMENT OF WAGES
 WAGES TO BE PAID IN CURRENT COIN OR
CURRENCY NOTES
 DEDUCTIONS WHICH MAY BE MADE FROM WAGES
 DEDUCTIONS FOR ABSENCE FROM DUTY
 DEDUCTION FOR DAMAGE OR LOSS
 DEDUCTIONS FOR SERVICES RENDERED
 DEDUCTION FOR RECOVERY OF ADVANCES
 OTHER DEDUCTIONS FROM WAGES
TABLE OF CONTENTS :

4. • Wage includes any remumeration:-
• Payable under any award or settlement between the
parties or order of a Court;
• Over time work or holiday or any leave period;
• Any additional remuneration under the terms of
employment.
Wage does not includes any bonus, pension fund or
provident fund, travelling allowance and any gratuity

5.  Every employer shall be responsible for the payment to
persons employed by him of all wages required to be
paid under this code:
 Provided that , in the case of persons employed otherwise
than by a contractor , the chief executive of the
establishment or the manager or a persons responsible to
the employer for the control and supervision of the
establishment shall be responsible for such payment.
Responsibility for payment of wages:

6. 1. Every person responsible for the
payment of wages under section 121
shall fix periods in respect of which
such wages shall be payable.
2. No wages period shall exceed one
month.

7. 
 the wages of every persons employed in an
establishment shall be paid before the expiry of the
seventh day of the wage-period in respect of which
the wages are payable.
 All payment of wages shall be made on a working
day .
Time of payment of wages:

8. 
Wages to be paid in current coin or
currency notes:
All wages shall be paid in current
coin or currency notes or in bank
cheque.

9. 
 Except as authorized by or under this code no
deduction can e made from the wages of an
employee.
 Deduction from the wages of an employed person
shall be made only in accordance with the provisions
of this Code and may be of the following kinds only,
namely:-
 Fines imposed under section 25
 Deduction for unauthorized absence from duty
Deductions which may be
made from wages:

10. 
 Deduction may be under clause of (b) sub-section (2)
of section 125 only on account of the absence of an
employed person from the place or places,
where by the terms of his employment
he is required to work, such absence being for the
whole or any part of the period during which he is
required to work.
Deduction for absence
from duty:-

11. All such deductions and all realization
thereof shall be receded in a Register to
be kept by the person responsible for the
payment of wages in such from as may
be prescribed.

12. When accommodation amenity or service h
as been accepted by the employee. {Section 11}

13. 
Deduction for recovery of
advance:-
 Deductions under clause
(f) of sub-section (2) of
section 125 shall be
subject to the flowing
conditions, namely :-
Other deduction from
wages:-
Deductions made under
causes (j) ,(k) and (1) of sub-
section (2) of section 125
shall be made in
accordance with the
conditions imposed by the
Government.

14.  Subject to other provisions of this chapter, if any unpaid
wages to an employee cannot be paid, due to his death or
because he cannot be found, his wages shall be paid-
a. to the nominee made in this behalf by the
worker as per rules;
b. to the labour Court, in the absence of such nominee
or such nominee cannot be paid for any reason.
c. where such payment has been paid to the nominee
or to the court as per sub-section (1) above, the employer
shall be relieved of his responsibility to pay wages.
Payment of unpaid wages for a worker
who is dead:-

15.  (1) The appropriate Government may, by notification in the
Official Gazette, appoint—
a) any Commissioner for Workmen’s Compensation; or
(b) any officer of the Central Government exercising
functions as,—
(i) Regional Labour Commissioner; or
(ii) Assistant Labour Commissioner with at least two
years’experience; or
(c) any officer of the State Government not below the rank
of Assistant Labour Commissioner with at least two
years’experience;
Claims out of deductions from wages or
delay in payment of wages:-

16.  (d) a presiding officer of any Labour Court or Industrial
Tribunal, constituted under the Industrial Disputes Act,
1947 (14 of 1947) or under any corresponding law relating to
the investigation and settlement of industrial disputes in
force in the State
 (e) any other officer with experience as a Judge of a Civil
Court or a Judicial Magistrate, as the authority to hear and
decide for any specified area all claims arising out of
deductions from the wages.
Continue……..

17. No court fees apart from fees for service of
summon shall be paid by the applicant for application under
section 132.

18. 
 For the purpose of 132 section “employed unpaid
group” includes workers who are borne on the same
establishment and if their wages for the same wage-
periods have remained unpaid.
Single application in respect of
claims from an unpaid group:-

19. 
 (1) An Appeal against a direction made under section 132
may be preferred , within thirty days of the date on which
the direction was made, before the tribunal.
 Save as provided in his section , any direction made by the
labour Court under section 132 shall be final.
 Section 5 of the limitation Act 1908 shall be applicable to
appeal under this section.
Appeal:-

20.  (1) where at any time:-
(a) after an application has been field under section 132,
the labour Cort ;
or
(b) after an appeal has been field under section 135, the
Tribunal
Conditional attachment of property of the employer or
the person responsible for payment of wages:-

21. **When the labour Court or the tribunal referred to in
section 121 is unable to recover any amount ordered by
itself from any person responsible to pay wages, the court
or tribunal shall recover the amount from employer of the
employed person concerned.