New Labour & Industrial Code along with Draft Rules

THE CODE ON WAGES, 2019
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement 1.1
2. Definitions 1.1
3. Prohibition of discrimination on ground of gender 1.5
4. Decision as to disputes with regard to same or similar nature of work 1.6
CHAPTER II
MINIMUM WAGES
5. Payment of minimum rate of wages 1.6
6. Fixation of minimum wages 1.6
7. Components of minimum wages 1.7
8. Procedure for fixing and revising minimum wages 1.8
9. Power of Central Government to fix floor wage 1.9
10. Wages of employee who works for less than normal working day 1.9
11. Wages for two or more classes of work 1.9
12. Minimum time rate wages for piece work 1.9
13. Fixing hours of work for normal working day 1.9
14. Wages for overtime work 1.10
CHAPTER III
PAYMENT OF WAGES
15. Mode of payment of wages 1.10
16. Fixation of wage period 1.11
17. Time limit for payment of wages 1.11
18. Deductions which may be made from wages 1.11
19. Fines 1.13
20. Deductions for absence from duty 1.14
21. Deductions for damage or loss 1.15
22. Deductions for services rendered 1.15
23. Deductions for recovery of advances 1.15
24. Deductions for recovery of loans 1.15
25. Chapter not to apply to Government establishments 1.16
CHAPTER IV
PAYMENT OF BONUS
26. Eligibility for bonus, etc. 1.16
27. Proportionate reduction in bonus in certain cases 1.17
x CONTENTS RULE 4
28. Computation of number of working days 1.18
29. Disqualification for bonus 1.18
30. Establishments to include departments, undertakings and branches 1.18
31. Payment of bonus out of allocable surplus 1.19
32. Computation of gross profits 1.19
33. Computation of available surplus 1.19
34. Sums deductible from gross profits 1.19
35. Calculation of direct tax payable by employer 1.20
36. Set on and set off of allocable surplus 1.20
37. Adjustment of customary or interim bonus against bonus payable
under this Code 1.21
38. Deduction of certain amounts from bonus payable 1.21
39. Time limit for payment of bonus 1.22
40. Application of this Chapter to establishments in public sector
in certain cases 1.22
41. Non-applicability of this Chapter 1.22
CHAPTER V
ADVISORY BOARD
42. Central Advisory Board and State Advisory Boards 1.23
CHAPTER VI
PAYMENT OF DUES, CLAIMS AND AUDIT
43. Responsibility for payment of various dues 1.25
44. Payment of various undisbursed dues in case of death of employee 1.25
45. Claims under Code and procedure thereof 1.26
46. Reference of disputes under this Code 1.27
47. Presumption about accuracy of balance sheet and profit and loss
account of corporations and companies 1.27
48. Audit of account of employers not being corporations or companies 1.28
49. Appeal 1.29
50. Records, returns and notices 1.29
CHAPTER VII
INSPECTOR-CUM-FACILITATOR
51. Appointment of Inspector-cum-Facilitators and their powers 1.30
CHAPTER VIII
OFFENCES AND PENALTIES
52. Cognizance of offences 1.31
53. Power of officers of appropriate Government to impose penalty in
certain cases 1.32
54. Penalties for offences 1.32
RULE 9 CONTENTS xi
55. Offences by companies 1.33
56. Composition of offences 1.34
CHAPTER IX
MISCELLANEOUS
57. Bar of suits 1.34
58. Protection of action taken in good faith 1.35
59. Burden of proof 1.35
60. Contracting out 1.35
61. Effect of laws, agreements, etc., inconsistent with this Code 1.35
62. Delegation of powers 1.35
63. Exemption of employer from liability in certain cases 1.35
64. Protection against attachments of assets of employer with
Government 1.36
65. Power of Central Government to give directions 1.36
66. Saving 1.36
67. Power of appropriate Government to make rules 1.36
68. Power to remove difficulties 1.39
69. Repeal and savings 1.39
THE CODE ON WAGES (CENTRAL) RULES, 2025
[DRAFT RULES]
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement 1.41
2. Definitions 1.41
CHAPTER II
MINIMUM WAGES
3. Manner of calculating the minimum rate of wages 1.43
4. Norms for fixation of minimum rate of wages 1.43
5. Interval for revision of variable dearness allowance 1.44
6. Number of hours of work which shall constitute a normal
working day 1.44
7. Weekly day of rest 1.45
8. Night shifts 1.47
9. The extent and conditions for the purposes of sub-section (2)
of section 13 1.47
10. Longer wage period 1.47
xii CONTENTS
CHAPTER III
FLOOR WAGES
11. Manner of fixing floor wage 1.47
CHAPTER IV
PAYMENT OF WAGES
12. Circumstances under clause (ii) of the proviso to section 10 1.48
13. Recovery under sub-section (4) of section 18 1.48
14. The authority under sub-section (1) of section 19 1.48
15. The manner of exhibiting the notice under sub-section (2) of
section 19 1.48
16. The procedure under sub-section (3) of section 19 1.48
17. Intimation of deduction 1.48
18. Procedure for deduction under sub-section (2) of section 21 1.49
19. Conditions regarding recovery of advance under section 23 1.49
20. Deduction under section 24 1.49
CHAPTER V
PAYMENT OF BONUS
21. Calculation of set on or set off for the sixth accounting year 1.49
22. Calculation of set on or set off for the seventh accounting year 1.50
23. Computation of gross profits under clause (a) of section 32 1.50
24. Computation of gross profits under clause (b) of section 32 1.50
25. Deduction of further sums under clause (c) of section 34 1.50
26. Manner of carrying forward under sub-section (1) of section 36 1.50
27. Manner of carrying forward under sub-section (2) of section 36 1.50
CHAPTER VI
CENTRAL ADVISORY BOARD
A. Procedure of Central Advisory Board under sub-section (10) of section 42
28. Constitution of the Board 1.50
29. Additional functions of the Board 1.51
30. Meeting of the Board 1.51
31. Notice of meetings 1.52
32. Functions of Chairperson 1.52
33. Quorum 1.52
34. Disposal of business of the Board 1.52
35. Method of voting 1.52
36. Proceedings of the meetings 1.53
37. Summoning of witnesses and production of documents 1.53
38. Appointment of the committees 1.53
CONTENTS xiii
B. Terms of office of members of the Board under sub-section (11) of section 42
39. Term of office of members of the Board 1.53
40. Travelling allowance 1.53
41. Officers and Staff 1.54
42. Eligibility for re-nomination of the members of the Board 1.54
43. Resignation of the Chairperson and other members of the Board 1.54
44. Cessation of membership 1.54
45. Disqualification 1.54
CHAPTER VII
PAYMENT OF DUES, CLAIMS, ETC.
46. Payment under clause (a) of sub-section (1) of section 44 1.54
47. Deposit of the undisbursed dues under clause (b) of
sub-section (1) of section 44 1.55
48. Manner of dealing with the undisbursed dues under
clause (b) of sub-section (1) of section 44 1.55
CHAPTER VIII
FORMS, REGISTERS AND WAGE SLIP
49. The form of a single application 1.56
50. Appeal 1.56
51. Form of register, etc. 1.57
52. Wage slip 1.57
53. Manner of holding enquiry under sub-section (1) of section 53 1.57
54. Manner of composition of offences under sub-section (1) of
section 56 1.58
CHAPTER IX
MISCELLANEOUS
55. Payment of Wages 1.58
56. Technical Committee for working Journalist 1.58
57. Responsibility for payment of minimum bonus 1.58
58. Annual Return 1.59
FORM I—EMPLOYEE REGISTER 1.59
FORM-II—[SINGLE APLICATION UNDER SUB-SECTION (5) OF
SECTION 45] BEFORE THE AUTHORITY APPOINTED UNDER
SUB-SECTION (1) OF SECTION 45 OF THE CODE ON
WAGES, 2019 (29 OF 2019) 1.60
FORM III—APPEAL UNDER SECTION 49(1) OF THE CODE ON
WAGES, 2019 BEFORE THE APPELLATE AUTHORITY
UNDER THE CODE ON WAGES, 2019 1.62
FORM-IV—REGISTER OF WAGES, OVERTIME, ADVANCES, FINES
AND DEDUCTIONS FOR DAMAGE AND LOSS 1.63
xiv CONTENTS
FORM V—WAGE SLIP 1.64
FORM VI—APPLICATION UNDER SUB-SECTION (4) OF SECTION 56
FOR COMPOSITION OF OFFENCE 1.65
FORM VII—NOMINATION FORM 1.66
FORM VIII—(A). FORM OF NOTICE TO THE RESPONDENT TO BE
ISSUED BY THE AUTHORITY UNDER SUB- SECTION (5) OF
SECTION 45 1.67
FORM IX—ATTENDANCE REGISTER-CUM-MUSTER ROLL 1.68
SCHEDULE A 1.70
SCHEDULE B—COMPUTATION OF GROSS PROFITS 1.71
SCHEDULE C—COMPUTATION OF GROSS PROFITS 1.73
SCHEDULE D 1.76
SCHEDULE E 1.79
THE CODE ON WAGES
(CENTRAL ADVISORY BOARD) RULES, 2021
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement 1.98
2. Definitions 1.98
CHAPTER-II
CENTRAL ADVISORY BOARD
A. Procedure of Central Advisory Board under sub-section (10) of section 42
3. Constitution of the Board 1.98
4. Additional functions of the Board 1.99
5. Meeting of the Board 1.100
6. Notice of meetings 1.100
7. Functions of Chairperson 1.100
8. Quorum 1.100
9. Disposal of business of the Board 1.100
10. Method of voting 1.101
11. Proceedings of the meetings 1.101
12. Summoning of witnesses and production of documents 1.101
B. Terms of office of members of the Board under sub-section (11) of section 42
13. Term of office of members of the Board 1.101
14. Travelling allowance 1.102
15. Officers and Staff 1.102
16. Eligibility for re-nomination of the members of the Board 1.102
17. Resignation of members of the Board 1.102
18. Cessation of membership 1.102
19. Disqualification 1.102