research paper on payment of wages act 1936

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The Payment of Wages Act, 1936

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During the period of the early nineteenth century, the slavery system was seen in every place where the people were exploited by rich people. It was extended even in the twentieth century. People have to work for a very low amount with a longer duration of time which extends up to 18 hours a day. This was running since by birth i.e. grandfather, father, son, son's son, etc. All the family members have to work with the rich family members. This leads to the unrest of the people and started to fight for rights. Kumari Sharanya has appealed to Saradevi about work conditions and requests for regular payments either by daily wages or weekly payments or monthly payments this appeal sent to the British Government where in which it is implemented. To eradicate this system, the British Government has introduced a lot of changes in society by enforcing many acts. Work is compensated in terms of money and to check any violations labour laws were introduced. The paradigm shift in this process resulted to emerge The Payment of Wages Act 1936 even though many attempts made in 1925 results came only in 1936. Here, we discuss only certain sections including their subsection viz., 1, 14 to 18 highlighting the disbursement of payment Authorities with their powers, and to monitor the same. If any violation found in fulfilling the norms laid down as per ACT punishment leads imprisonment and/or fine including the attachment of the property, seal down the Organization, etc. Since the Act is very vast an attempt made to mention only important sections with case laws as an example. Here, the priority is given to Denied payment and delayed payment. The inspector inspects the Organization and observes the facilities to be afforded to Inspectors further Section 15 Authority to hear Claims, Meaning of deduction, how to present the application with the procedure. Recovery of amount and Scope of jurisdiction powers to dispose of all the similar application as a single application in respect of claims from unpaid groups a special appeal made for conditional attachment of property of the employer or other person responsible for Payment of Wages, power of authorities appointed under Section 15 explained in section 18.

Surabhi Chopra

This brief analysis (at p.40 of the report) considers how the National Employment Guarantee Act's provisions on wage payment (and failure to pay wages) interact with the Payment of Wages Act. This analysis was used when the author advised complainants at a hearing for non-payment of NREGA wages in Khunti district, Jharkhand in 2010. This was the first successful hearing for delay / non-payment of NREGA wages.

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Draft on the Review of National Competition Policy Reforms. In particular we welcome the Commission's preliminary future reform agenda. In this brief submission we wish to address a number of issues relating to this reform agenda. Our views on these issues have been publicly presented in a number of published articles and books that are noted at the end of this submission.

Manish Singh

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Historical perspective of Payment of Wages Act, 1936

Colonial rule and industrialization, rise of trade unionism, deductions and no timely payments, some of the findings and recommendations of the commission which are worth citing are as follows:.

• It appeared that fining was a fairly general practice in perennial factories and in railways. It was much less common in mines and other forms of industrial activity and is practically unknown on plantations. It appeared to be most prevalent in cotton textile mills, and for this reason it probably attained greater dimensions in the Bombay Presidency than elsewhere.  
• The average deduction by way of fine was around one percent of the total wage of a worker, but it was significant to look for the individual cases rather on average.  
• Moreover there were deductions on many other grounds such as medical attendance, education, reading rooms, interest on advances of their own wages, charities, religious purposes selected by the employer and various other benefits or causes which were made compulsory.  
• Another common practice followed in some mills was the deduction of two days' pay for one day's absence.  
• Deductions from wages fall roughly into three classes, namely, fines which are imposed for disciplinary reasons, deductions on account of damage sustained by the employer and deductions for the use of material and tools and for other benefits provided by the employer. And in all three cases the Commission considered that there were strong grounds for legislative regulation.  
• The employer, or more commonly his subordinate, determines when a deduction should be made and fixes its amount which is recovered from the wages due to the worker, such practices in other countries have led to number of statutory regulations.  
• The Commission observed the fact that in many cases the workers' wages suffice for little more than the purchase of the primary necessities of life makes even a small deduction a definite hardship, while the larger deductions increased their indebtedness and even crippled their resources for some time.  
• Children should be exempt from fine due to their helplessness, inexperience and low scale of wages.  
• The payment of a fine should not be spread over too long a period, and the Commission recommend that the maximum period should be one month from the date on which the fine was imposed.  
• The minimum amount which could be deducted by way of fine should not exceed in any month half an anna in the rupee of the worker's earnings.  
• The sum realised as fine should be utilised for some purpose beneficial to the employees as a class and should be approved by some recognised authority.  
• In order to protect the workers from arbitrary fines, a notice specifying the acts and omissions in respect of which fines may be imposed should be posted and any other fine should be deemed to be illegal.  
• Any deduction made for goods having been damaged should not exceed the wholesale price of the goods damaged and the damage should directly be attributable to carelessness and negligence of the worker.  
• In deductions for damages of goods, the employers should maintain the registers of the same which will in any case provide the material necessary to determine whether or not further regulation is required.  
• Deductions may be made on account of provision for housing accommodation and of tools and raw materials.  
• Imposition of any fine and deduction made which is not permitted by law should be made penal.
• Payment of the Wages Act, (Act 4 of 1936)
• Royal Commission on Labour, Report of the Royal Commission on Labour in India (1929)
• Natasha kwat, British Colonial Rule on the Indian Economy, Economic Discussion, available at http://www.economicsdiscussion.net/indian-economy/british-colonial-rule-on-the-indian-economy/19007 (last visited on 29.03.2020)
• Swadeshi Movement: Timeline and Important Facts you must know, India Today, 07.08.2015 https://www.indiatoday.in/education-today/gk-current-affairs/story/swadeshi-movement-286966-2015-08-07 (last visited on 29.03.2020)
• Available at: https://shodhganga.inflibnet.ac.in/bitstream/10603/66s023/15/15_chapter%201.pdf (last visited on 29.03.2020)
• Industrial Revolution, available at: https://www.history.com/topics/industrial-revolution/industrial-revolution (last visited on 29.03.2020)
• Payment of the Wages Act (Act 4 of 1936), Preamble
• AIR 1941 Bom 26
• Available at : https://shodhganga.inflibnet.ac.in/bitstream/10603/66s023/15/15_chapter%201.pdf (last visited on 29.03.2020)
• Royal Commission on Labour, Report of the Royal Commission on Labour in India i (1929)

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The Payment of Wages Act, 1936

Disclaimer: Updating and uploading of all Central Acts available on this web page is the proprietary of the Legislative Department in the Ministry of Law and Justice. The updating and uploading of Rules, Regulations, Notifications, etc., and linking them with relevant sections of the respective Principal Act under which the said subordinate legislations have been made is the proprietary of the concerned Ministry/Departments in the Government of India administering subject matter of the Legislation.

Payment of Wages Act, 1936: Regulating the Payment of Wages in India

by Prince Kumar

Last updated: 31 July 2023

The Payment of Wages Act, 1936 is a crucial piece of legislation in India that regulates the payment of wages to workers and ensures that workers receive their wages in a timely and regular manner. The Act applies to a wide range of industries and provides for the payment of wages without unauthorized deductions.

Key Provisions of the Act

The Payment of Wages Act, 1936 has several key provisions, including:

• Timely Payment of Wages: The Act requires employers to pay wages to workers at regular intervals, such as weekly, fortnightly, or monthly.
• Prohibition of Unauthorized Deductions: The Act prohibits employers from making unauthorized deductions from the wages of workers.
• Inspection of Records: The Act provides for the inspection of records related to the payment of wages by the appropriate government or its authorized representative.
• Enforcement: The Act provides for the enforcement of its provisions by the appropriate government, which may take legal action against employers who violate the provisions of the Act.

The Payment of Wages Act, 1936 is an important piece of legislation that regulates the payment of wages to workers in India and ensures that workers receive their wages in a timely and regular manner. The Act applies to a wide range of industries and provides for the payment of wages without unauthorized deductions.

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Syllabus – Labour Laws

1 introduction to labour legislation.

• Philosophy of Labour Laws
• Labour Laws, Industrial Relations & HRM
• Labour Laws : Concept, Origin, Objectives & Classification
• International Labour Organisation & Indian Labour Legislation
• Indian Constitution and Labour Legislation
• Labour Policy, Emerging Issues & Future Trends

2. Laws on Working Conditions

• The Factories Act, 1948
• The Mines Act, 1952
• Plantation Labour Act 1951
• Contract Labour (Regulation & Abolition Act, 1986)
• Child Labour (Prohibition & Regulation Act, 1986)

3 Industrial Relations Laws

• Trade Union Act, 1926
• Industrial Disputes Act, 1947 – I
• Industrial Disputes Act, 1947 – II
• Industrial Employment (Standing Orders) Act, 1946
• Industrial Discipline & Misconduct
• Domestic Enquiry

4 Wages & Labour Laws

• Minimum Wages Act, 1948
• Payment of Wages Act, 1936
• Payment of Bonus Act, 1965
• Equal Remuneration Act, 1976

5 Laws for Labour Welfare and Social Security

• Social Security Legislation : An Overview
• The Workmen’s Compensation Act, 1923
• The Employees’ State Insurance Act, 1948
• The Maternity Benefit Act, 1961
• The Employee’s Provident Fund and Miscellaneous Provision Act, 1952
• The Payment of Gratuity Act, 1972