The 2019 Code on Wages marks a substantial shift in the field of labor law in
India. The law seeks to provide equitable treatment for all workers and expedite
compliance by combining four important wage-related acts into a single code.
With a focus on three key areas—Minimum Wage, Timely Payment, and Equal
Remuneration—this blog compares the new Code with the previous legislation.
Minimum Wage: Fair Compensation and Universalization
Prior Framework: The Minimum Wages Act of 1948, which only applied to scheduled employment, previously controlled the majority of minimum wage legislation. Sector-specific wage rates are set by each state, which frequently results in fragmentation and irregularities.
In accordance with the 2019 Wages Code:
- Universal Coverage: All workers are covered by the Code, irrespective of their industry or pay cap.
- Floor Wage Concept: No state may set minimum wages below the national floor wage, which is decided by the federal government.
- Scientific Criteria: Wages are now determined by factors like skill levels and geographic areas.
Impact: A more transparent and inclusive system that ensures all workers have a minimal level of living.
Timely Wage Payments: Encouraging Regularity
Prior Framework: The Payment of Wages Act of 1936 controlled when wages were paid. However, many were not covered by its protections because it only applied to workers whose salaries fell below a specific threshold.
In accordance with the 2019 Wages Code:
- Broadened Scope: The Code eliminates wage caps and applies to all employees.
- Clearly defined deadlines:
- Daily: At the end of each shift
- Weekly: On the last working day of the week
- Monthly: By the seventh day of the subsequent month
- Electronic Payments Permitted: Mirroring current financial practices.
Impact: By ensuring on-time payments, it increases workers' financial security and stability.
Equal Pay: Improving Fairness
Prior Framework: Gender-based wage discrimination was outlawed by the Equal Remuneration Act of 1976. However, its efficacy was limited by unclear definitions and enforcement issues.
According to the 2019 Code on Wages:
- Non-Discrimination Principle: Supports the idea that all workers, regardless of gender, should receive equal pay for doing equal labor.
- Expanded Protections: Addresses wage setting as well as hiring procedures.
- Simpler Compliance: Consolidating into a single code improves lucidity and streamlines implementation.
Impact: Addresses systematic wage discrepancies and promotes gender fairness in the workplace.
Conclusion
With the creation of a simplified, universal, and transparent wage structure,
the Code on Wages, 2019 marks a significant step forward in the modernization of
India's labor laws. Its emphasis on nondiscrimination, timely payment, and
inclusivity shows how the needs of a changing workforce are evolving. However,
awareness, adequate grievance resolution procedures, and employer adherence are
necessary for effective implementation.
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