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HR Glossary

Minimum Wages Act

The Minimum Wages Act, 1948, is a central legislation that empowers state and central governments to fix minimum wage rates for workers employed in 'scheduled employments' — specific categories of jobs/industries notified under the Act. It aims to prevent the exploitation of low-wage workers by ensuring a legally enforceable wage floor.

Minimum wages vary significantly by state, sector, and skill category (unskilled, semi-skilled, skilled, highly skilled) and are revised periodically, often linked to the Consumer Price Index. The Act has now been subsumed into the Code on Wages, 2019, which extends minimum wage protection to all employments (not just scheduled ones) once fully implemented, though many provisions still operate under the earlier framework in practice.

Key points

  • Empowers state/central governments to fix minimum wages for scheduled employments
  • Rates vary by state, sector, and employee skill category
  • Revised periodically, often linked to Consumer Price Index movements
  • Subsumed into the Code on Wages, 2019, which extends coverage to all employments
  • Employers paying below the notified minimum wage are liable for penalties

Example

A semi-skilled worker in Delhi is entitled to the state-notified minimum wage rate for that category, which is higher than the rate for an unskilled worker in the same state; an employer paying below this notified rate would be in violation of the Act regardless of any private agreement with the worker.

FAQ

Frequently asked questions

Does minimum wage vary by state?
Yes, minimum wages are notified separately by each state government (and the central government for central sphere establishments), so rates differ significantly across states and even across zones within a state.
Is the Minimum Wages Act still in force?
The Minimum Wages Act, 1948 has been subsumed into the Code on Wages, 2019; until all states fully notify rules under the new code, many aspects continue to operate in line with the earlier Act's framework.
What happens if an employer pays below minimum wage?
Employers found paying below the notified minimum wage can face penalties including fines and imprisonment under the Code on Wages, and are liable to pay the difference to the affected workers.

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