AP MINIMUM WAGES


Regd. No. HSE-4912009-2011.


RULES SUPPLEMENT TO PART-II
EXTRAORDINARY
OF

THE ANDHRA PRADESH GAZETTE

PUBLISHED BY AUTHORITY


No.6]      HYDERABAD, TUESDAY, AUGUST 18, 2009.

NOTIFICATIONS BY HEADS OF DEPARTMENTS, Etc.
-x-
COMMISSIONER OF LABOUR

REVISION OF WAGES FOR CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1971 AND THE A.P RULES, 1971 - FINAL NOTIFICATION.


Ref:- Draft Notification NO.3, dated 03-06-2009 of the Commissioner of Labour, A.P., Hyderabad.

No. S2/3622/09.-

In the reference read above, a draft notification has been issued vide Procgs.No.S2/3622/09, dated 09.04.2009 which was published in Part-II. Extraordinary Gazette NO.3, dated 03.06.2009 calling for objections and suggestions from the affected parties on the proposed wage rates to the contract labour.


By taking into consideration the objections and suggestions offered by the representatives of Managements and the Unions on the above draft notification and exercise of the powers conferred under clause (b) of sub-rule v of Rule 25 of AP. contract Labour (Regulation and Abolition) Rules, 1971 and in terms of the service condition NO.12. I. the Commissioner of Labour, A.P. Hyderabad hereby order the allowing amendments to condition NO.12 which is specified in Proceedings no D1/8385/1979; dated: 15-09-1979 under clause (b) of sub-rule of Rule 25 of the AP Contract labour (R&A) Rules 1971, which will have effect from the date of publication in the A P. Gazette.


AMENDMENT


For the service condition NO.12 specified under clause (b) of sub-rule v of Rule 25 of the AP. Contract Labour (R&A) Rules. 1971, following shall be substituted namely.

WAGE RATES:

(i)                 Where no rate of wages have been regulated by way of, agreement/settlement/award or no wages have statutorily been prescribed under Minimum Wages Act. 1948 for such employment where applicable for any category or class of workmen, the contractor shall pay wages:

Rs.4030/- p.m. for unskilled worker

RS.5070/·p.m. for Semi-skilled worker

RS.6110/-p.m. for skilled worker.

(ii)               To arrive at daily wages the monthly wages shall be divided by 26, which is inclusive of holiday wages.

(iii)              If statutory wages or wages regulated as per award / settlement / agreement which are in force are more beneficial to the workmen. The workers shall be entitled to such, rates of wages notwithstanding. The rates of wages fixed under his/her service conditions


(iv)             Where any category of worker is actually in receipt of higher of wages then the wages specified under this service condition he/she shall continued to be paid such higher wages.

(v)              Where piece rate workers are employed in operation of the establishment, the wages paid to such worker for a normal working day of 8 hours shall not be less than the wages fixed for a general in that operation doing similar work.


(vi)             The rates of wages payable to the workmen by the contractor shall not be less then the rates prescribed under the minimum Wages Act, 1948 (11 of 1948) for such employment where applicable and where the rates have so fixed as per Rule 25 (iv).

(vii)           In case where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work;

Provided that in the case of any disagreement with regard to the type of work, the same shall be decided by the Commissioner of Labour. Andhra Pradesh, whose decision shall be final. (As per Rule 25 (v) (a)


DEFINITION OF CATEGORIES WILL BE AS FOLLOWS: -


a)     Skilled: Skilled work is that which includes skill acquired through experience on the job or through training as apprentice in technical or vocational institution and the performance of which calls for initiation, accuracy and judgment.

b)     Semi skilled; Semi-skilled work Is that Which involves some degree of skill acquired through experience on the job and which Is capable of being performed under supervision and guidance of a skilled employee.


c)     Unskilled: unskilled work is that which involves simple operations requiring little or no skill or experience on the job.


Hyderabad,                                                                D. SREENIVASULU,

04-08-2009.                                          Commissioner of Labour.

Read More ->>
 

About Me

Recent Posts

ACT AT GLANCE

OBJECT OF THE ACT :

 To regulate the employment of contract labor in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.

APPLICABILITY :

 Every establishment in which 20 or more workmen are employed or were employed on any day of the preceding 12 months as contract labor.

 Every contractor who employs or who employed on any day of the preceding twelve months 20 or more workmen. Sec. 1

REGISTRATION OF ESTABLISHMENT :

 Principal employer employing 20 or more workers through the contractor or the contractor(s) on deposit of required fee in Form 1 Sec. 7

REVOCATION OF REGISTRATION:

When obtained by misrepresentation or suppression of material facts etc. after opportunity to the principal Employer. Sec. 9

PROHIBITION OF EMPLOYMENT OF CONTRACT LABOUR :

 Only by the appropriate Government through issue of notification after consultation with the Board (and not Courts) can order the prohibition of employment of contract labor. Sec. 10

LICENSING OF CONTRACTOR:

 Engaging 20 or more than 20 workers and on deposit of required fee in Form IV.

 Valid for specified period.Sec.12, Rule 21

REVOCATION OR SUSPENSION & AMENDMENT OF LICENCES:

 When obtained by misrepresentation or suppression of material facts.

 Failure of the contractor to comply with the conditions or contravention of Act or the Rules. Sec. 14

WELFARE MEASURES TO BE TAKEN BY THE CONTRACTOR :

 Contract labor either one hundred or more employed by a contractor for one or more canteens shall be provided and maintained.

 First Aid facilities.

 Number of rest-rooms as required under the Act.

 Drinking water, latrines and washing facilities. Sec. 16 & 17

LAWS, AGREEMENT OR STANDING ORDERS INCONSISTENT WITH THE ACT-NOT PERMISSIBLE:

 Unless the privileges in the contract between the parties or more favorable than the prescribed in the Act, such contract will be invalid and the workers will continue to get more favorable benefits. Sec. 20

LIABILITY OF PRINCIPAL EMPLOYER:

 To ensure provision for canteen, restrooms, sufficient supply of drinking water, latrines and urinals, washing facilities.

 Principal employer entitled to recover from the contractor for providing such amenities or to make deductions from amount payable. Sec. 20

REGISTERS OF CONTRACTORS:

 Principal employer

• To maintain a register of contractor in respect of every establishment in Form XII.

• Contractor Rule 74

• To maintain register of workers for each registered establishment in Form XIII.

• To issue an employment card to each worker in Form XIV.

• To issue service certificate to every workman on his termination in Form XV. Rules 75, 76 and 77

MUSTER ROLL, WAGES REGISTER, DEDUCTION REGISTER AND OVERTIME REGISTER BY CONTRACTOR:

 Every contractor shall

 Maintain Muster Roll and a Register of Wages in Form XVI and Form XVII respectively when combined.

 Register or wage-cum-Muster Roll in Form XVII where the wage period is a fortnight or less.

 Maintain a Register of Deductions for damage or loss, Register or Fines and Register of Avances in Form XX, from XXI and Form XXII respectively.

 Maintain a Register of Overtime in Form XXIII.

 To issue wage slips in Form XIX, to the workmen at least a day prior to the disbursement of wages.

 Obtain the signature or thumb impression of the worker concerned against the entries relating to him on the Register of wages or Muster Roll-Cum-Wages Register.

 When covered by Payment of Wages Act, register and records to be maintained under the rules

 Muster Roll, Register of wages, Register of Deductions, Register of Overtime, Register of Fines, Register of Advances, Wage slip.

 Rule 79

 To display an abstract of the act and Rules in English and Hindi and in the language spoken by the Majority of workers in such forms as may be approved by appropriate authority Rule 80

 To display notices showing rates of wages, hours of work, wage period, dates of payment, names and addresses of the inspector and to send copy to the inspector and any change forwithwith Rule 81

Recent Comments

| THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT 1970 © 2009. All Rights Reserved | Template by My Blogger Tricks .com |