Labour Codes - Key update on Worker & Supervisor - Code of Wages & IR Code

-

 The Code on Wages earlier prescribed a ceiling of Rs.15000 p.m. as wage, for a person working as supervisor also to be considered  as worker and excluded persons earning above Rs.15000/- pm. 

However, the Industrial Relations Code prescribed a higher ceiling of Rs.18,000 p.m., for the above threshold creating a disparity between two codes.

The Central Government, now pursuant to the powers vested in them under the Code(s) has notified
(Notification No.S.O.454(E) dated 30th January, 2026). that the Ceiling under the Code of Wages also as Rs.18,000, thereby rectifying the disparity.

Accordingly  the Section 2(z) "Worker" will stand modified as below.

"worker" means any person (except an apprentice as defined under clause (aa) of section 2 of the Apprentices Act, 1961 (52 of 1961)) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and includes -

(i) working journalists as defined in clause (f) of section 2 of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955); and

(ii) sales promotion employees as defined in clause (d) of section 2 of the Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976), and for the purposes of any proceeding under this Code in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched or otherwise terminated in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute,

but does not include any such person- 

(a) who is subject to the Air Force Act, 1950, or the Army Act, 1950, or the Navy Act, 1957; or 

(b) who is employed in the police service or as an officer or other employee of a prison; or (c) who is employed mainly in a managerial or administrative capacity; or 

(d) who is employed in a supervisory capacity drawing wage of exceeding eighteen thousand rupees per month or an amount as may be notified by the Central Government from time to time. 

Please contact viswanathanvasudevan@gmail.com for any advisory on Labour Codes and

Employment Laws

Comments

Post a Comment

Popular posts from this blog

MCS MAHARASHTRA COOPERATIVE HOUSING SOCIETY BYE LAWS 101 TO END

-
MCS BYE LAWS CONTINUED FROM PREVIOUS POST 101 TO END 101. If all the business on the agenda of the General Body Meeting of the Society cannot be transacted on the day on which the General Body Meeting is convened, the meeting shall be postponed to any other suitable date as may be decided by the Members present at the meeting, however not later than 30 days from the date of the meeting. 102. The Chairman of the Society shall preside over all General Body Meetings of the Society, in case if the Chairman is absent or if present and is unwilling to preside, the Members present may elect a person from amongst themselves to preside over the meeting. 103. No proxy or a holder of power of attorney or letter of authority shall be eligible to attend a General Body Meeting of the Society on behalf of a Member of the Society. 104. Voting right of a Member and the Associate Member of the Society shall be regulated in accordance with the provisions of Section 27 of ...
Read more

MCS ACT: Encroachment /usage of Common Area by Flat Owners - Highlights of bye laws and the role of MC/General Body

-
The Managing Committee has to read the bye laws in harmony and adopt a standard process as approved by the General Body   Almost Every Society has conflicts or even fist fights on usage of common areas, especially the parking, the passage outside the flats and other areas meant for east of movement and common utility. As a Building lay out, and common areas differ accordingly to the size/class of buildings and also the category of flats , it is essential to review the relevant bye laws and formulate a policy with uniform norms and permitting fair use. What is permissible and fair use again depends on the unique size and design of a building, it is imperative to evolve a robust policy post deliberations at a General Body of Members.  Bye Law No 165. Penalties for breaches  Bye Law No 165(a)  The meeting of the General Body of the Society may prescribe penalties for different breaches of the Bye-laws of the Society. The Secretary of the Society, under instruct...
Read more

PoSH Act: ICC of the Employer of the Complainant (Victim) is also empowered to conduct enquiry -Path-breaking Ruling by the Hon'ble Supreme Court

-
 KEY POINTS BY LAWSHASTRA - FULL JUDGEMENT APPENDED BELOW   This path-breaking judgement by the Hon’ble Supreme Court, has well enunciated the objectives of the VISHAKA Guidelines and the PoSH Act, while spelling out the jurisdictional aspects of the “Employer” Crystal clear.  Precisely, the jurisdictional challenge by the Appellant in the present case, inter alia relates to whether the Internal Complaints Committee (hereinafter referred to as “ICC”) constituted at a certain Department of the Government of India can entertain a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as “POSH Act”) against the Appellant who was working at a different Department of the Government of India at the relevant time.  Key Points for reference   PoSH Act. (extracts) Section 2(a)  “(a) “aggrieved woman” means -  in relation to a workplace, a woman, of any age whether employed or n...
Read more