The Labour Department of Andhra Pradesh on June 18, 2022 has issued the Draft Code on Wages (Andhra Pradesh) Rules, 2022 to supersede (i) The Andhra Pradesh Payment of Wages Rules, 1937, (ii) The Andhra Pradesh Payment of Wages (Unclaimed Amounts) Rules, 1949 and (iii) The Minimum Wages (Andhra Pradesh) Rules, 1953, made by the Governor of Andhra Pradesh in exercise of the powers conferred by the Payment of Wages Act 1936 (Central Act IV of 1936) and the Minimum Wages Act, 1948.
The foremost provisions of the rules are as followed:
• Manner of calculating the minimum rate of wages. -
(1) For the purposes of sub-section (5) of section 6, the minimum rate of wages shall be fixed on the basis of the floor wages fixed by the Central Government under sub-section (1) of section 9.
(2) When the rate of wages for a day is fixed, then, such amount shall be divided by eight for fixing the rate of wages for an hour and multiplied by twenty six(26) for fixing the rate of wages for a month and in such division and multiplication the factors of one-half and more than one-half shall be rounded as next figure and the factors less than one-half shall be ignored.
• Time Interval for revision of dearness allowance.- Endeavour shall be made so that the cost of living allowance and the cash value of the concession in respect of essential commodities at concession rate shall be computed before 1st April every year to revise the dearness allowance payable to the employees on the minimum wages. The revised dearness allowance so calculated, shall be payable from April 1st of every year.
• Circumstances in which an employee shall not be entitled to receive wages for a full normal working day.
A person employed for a period of less than the requisite number of hours constituting normal working day, shall not be entitled to receive wages for a full normal working day to the extent to which he has remained himself absent during the normal working hours.
• The manner of exhibiting the notice under sub-section (2) of section 19.- A notice referred to in sub-section (2) of section 19 shall be displayed at the conspicuous place in the premises of the work place in which the employment is carried on or shared with the employees in electronic form, so that every concerned employee would be able to easily read and understand the notice and a copy of the notice shall be sent to the Inspector cum Facilitator having jurisdiction either physically or electronically.
• Intimation of deduction.
(1) Where an employer makes any deduction in pursuance of the proviso to sub section (2) of section 20, he shall make intimation of such deduction to the Inspector-cum-Facilitator having jurisdiction within ten (10) days from the date of such deduction explaining therein the reason of such deduction.
(2) The Inspector-cum-Facilitator shall, after receiving intimation under sub-rule (1), examine such intimation and if he finds that the explanation given therein is in contravention of any provision of the Code or the rules made there under, he shall initiate appropriate action under the Code against the employer.
• Procedure for deduction under sub-section (2) of section 21.
Any employer desiring to make deduction for damages or loss under sub-section (1) of section 21 from the wages of an employee shall,
explain to the employee personally and also in writing the damage or loss of goods expressly entrusted to the employee for custody or for loss of money for which he is required to account and how such damages or loss is directly attributable to the neglect or default of the employee; and
(ii) thereafter, give the employee an opportunity to offer any explanation and deduction for any damages or loss, if made, shall be intimated to the employee within Fifteen days from the date of such deduction.
• Manner of dealing with the undisbursed dues under clause (b) of sub-section (1) of section 44. -
(1) The amount referred to in sub rule (1) of rule 44 (hereinafter in this rule referred to as the amount) deposited with the Assistant/Deputy/Joint Commissioner of Labour having jurisdiction shall remain with him and be invested in the Central or State Government Securities or deposited as a fixed deposit in a scheduled bank.
(2) The Assistant/Deputy/Joint Commissioner of Labour having jurisdiction will exhibit, as soon as maybe possible, a notice containing such particulars regarding the amount as the Assistant/Deputy/Joint Commissioner of Labour considers sufficient for information at least for fifteen (15) days on the notice board and also publish such notice in any two (2) newspapers being circulating in the language commonly understood in the area in which undisbursed wages were earned.
(3) Subject to the provision of sub-rule (4), the Assistant/Deputy/Joint Commissioner of Iabour having jurisdiction shall release the amount to the nominee or to that person who has claimed such amount, as the case may be in whose favour such Assistant/Deputy/Joint Commissioner of Labour has decided, after giving the opportunity of being heard, the amount to be paid.
(4) If the undisbursed amount remains unclaimed for a period of three (3) years, the same shall be dealt in the manner as directed by the State Government from time to time in this behalf.
• Wage slip:- Every employer shall issue wage slips, electronically or otherwise to the employees in Form V under sub-section (3) of section 50 on or before payment of wages.
• Power of Inspector-cum-Facilitators - In addition to the powers specified in sub - section (5) of section 51 of the Code, have powers, subject to the provisions of the Code, to prosecute, conduct or defend before a Court any complaint or other proceeding arising under the Code or in discharge of his duties as an Inspector and secure such evidence as may be necessary for the purpose.
• Timely Payment of Wages:- Where the employees are employed in an establishment through contractor, then, the company or firm or association of any other person who is the proprietor of the establishment shall pay to the contractor the amount towards wages payable to him or it, as the case may be, before the date of payment of wages so that payment of wages to the employees shall be made positively in accordance with the provisions of section 17.
Explanation. For the purpose of this rule, the expression "firm" shall have the meaning as assigned to it in the Indian Partnership Act, 1932 (Act No.9 of 1932).
• Responsibility for payment of minimum bonus.- Where in an establishment, the employees are employed through contractor and the contractor fails to pay minimum bonus to them under section 26, then, the company or firm or association or other person as referred to in the proviso to section 43 shall on the written information of such failure, given by the employees or any registered trade union or unions of which the employees are members and operating in the establishment and on confirming such failure, pay such minimum bonus to the employees, and may recover the same from the contractor.
All persons like to be affected thereby and the notice is hereby given that the said draft notification will be taken into consideration after the expiry of a period of forty five days from the date on which the copies of the Official Gazette in which this notification is published are made available to the public;
The objections and suggestions, if any, should be addressed to the Special Commissioner of Labour, Andhra Pradesh, Vijayawada through the mail address:[email protected].
Objections and suggestions, which may be received from any person or organization with respect to the said notification before expiry of the period specified above, will be considered by the State Government.
[Notification No. 962]
