Wednesday, 6 November 2019

9 hours of work is a normal working day for central government employees


9 hours of work is a normal working day for central government employees

9-hours-of-work-is-a-normal-working-day-for-Central-Government-Employees

Central Government Employees Latest News

Number of Hours of work which shall constitute a normal working day.
  1. The number of hours which shall constitute a normal working day under clause (a) of sub-section (1) of section 13, shall be nine hours.
  2. The working day of an employee shall be so arranged that inclusive of the intervals of rest, if any, it shall not spread over more than twelve hours on any day.
  3. The provisions of sub-rules (1) and (2) shall, in the case of an employee employed in agricultural employment, be subject to such modifications as may, from time to time, be determined by the Central Government.
  4. Nothing in this rule shall be deemed to affect the provisions of the Factories Act, 1948 (63 of 1948).
7. Weekly day of rest.

(1) Subject to the provisions of this rule, an employee shall be allowed a day of rest every week (hereinafter referred to as "the rest day") which shall ordinarily be Sunday, but the employer may fix any other day of the week as the rest day for any employee or class of employees:

Provided that an employee shall be entitled for the rest day under this sub-rule if he has worked under the same employer for a continuous period of not less than six days:

Provided further that the employee shall be informed of the day fixed as the rest day and of any subsequent change in the rest day before the change is effected, by display of a notice to that effect in the place of employment at the place specified by the Inspector-cum-Facilitator in this behalf.

Explanation.- For the purpose of computation of the continuous period of not less than six days specified in the first proviso to this sub-rule, any day on which an employee is required to attend for work but is given only an allowance for attendance and is not provided with work, a day on
which an employee is laid off on payment of compensation under the Industrial Disputes Act, 1947 (14 of 1947), and any leave or holiday, with or without pay, granted by the employer to an employee in the period of six days immediately preceding the rest day, shall be deemed to be days
on which the employee has worked.

(2) Any such employee shall not be required or allowed to work on the rest day unless he has or will have a substituted rest day for a whole day on one of the five days immediately before or after the rest day:

Provided that no substitution shall be made which will result in the employee working for more than ten days consecutively without a rest day for a whole day.

(3) Where in accordance with the foregoing provisions of this rule, any employee works on a rest day and has been given a substituted rest day on any one of the five days before or after the rest day, the rest day shall, for the purpose of calculating the weekly hours of work, be included in the
week in which the substituted rest day occurs.

(4) An employee shall be granted-
(a) for rest day wages calculated at the rate applicable to the next preceding day; and
(b) where he works on the rest day and has been given a substituted rest day,
then, he shall be paid wages for the rest day on which he worked, at the overtime rate and wages for the substituted rest day at the rate applicable to the next preceding day:
Provided that where-
  • the minimum rate of wages of the employee as notified under the Code has been worked out by dividing the minimum monthly rate of wages by twenty- six; or
  • the actual daily rate of wages of the employee has been worked out by dividing the monthly rate of wages by twenty-six and such actual daily rate of wages is not less than the notified minimum daily rate of wages of the employee, then, no wages for the rest day shall be payable; and
  • the employee works on the rest day and has been given a substituted rest day, then, he shall be paid, only for the rest day on which he worked, an amount equal to the wages payable to him at the overtime rate;
and, if any dispute arises whether the daily rate of wages has been worked out in accordance with the provisions of this proviso, the Chief Labour Commissioner(Central) or the Deputy Chief Labour Commissioner (Central) having territorial jurisdiction may, on application made to him in this behalf, decide the same, after giving an opportunity to the parties concerned to make written representations:
Provided further that in case of an employee governed by a piece-rate system, the wages for the rest day, or the substituted rest day, as the case may be, shall be such as the Central Government may, from time to time determine having regard to the minimum rate of wages fixed under the
Code, in respect of the employment.

Explanation.- In this sub-rule 'next preceding day' means the last day on which the employee has worked, which precedes the rest day or the substituted rest day, as the case may be; and where the substituted rest day falls on a day immediately after the rest day, the next preceding day
means the last day on which the employee has worked, which precedes the rest day.

(5) The provisions of this rule shall not operate to the prejudice of more favourable terms, if any, to which an employee may be, entitled under any other law or under the terms of any award, agreement or contract of service, and in such a case, the employee shall be entitled only to more
favourable terms aforesaid.

Explanation.- For the purposes of this rule, 'week' shall mean a period of seven days beginning at midnight on Saturday night.

Download the Notification

Time period for the Central Government Dearness Allowance revision


Time period for the Central Government Dearness Allowance revision

Time-Interval-for-revision-of-dearness-allowance-to-Central-Government-Employees

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 once before 1st April and 1st October in every year to revise the dearness allowance payable to the employees on the minimum wages.

Also read: 5 Percent DA July 2019 Hike Order - Grant of Dearness Allowance to Central Government employees

Calculating the minimum rate of wages Central Government Code on Wages 2019

Central Government Employees Latest News

Calculating the minimum rate of wages Central Government Code on Wages 2019

[TO BE PUBLISHED IN THE GAZETTE OF INDIA,
EXTRAORDINARY, PART ii, SECTION 3, SUB-SECTION (ii)]
Government of India
Ministry of Labour and Employment

Notification

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 day basis keeping in view the following criteria, namely:-
  • the standard working class family which includes a spouse and two children apart from the earning worker; an equivalent of three adult consumption units;
  • a net intake of 2700 calories per day per consumption unit;
  • 66 meters cloth per year per standard working class family;
  • housing rent expenditure to constitute 10 per cent. of food and clothing expenditure;
  • fuel, electricity and other miscellaneous items of expenditure to constitute 20 percent of minimum wage; and
  • expenditure for children education, medical requirement, recreation and expenditure on contingencies to constitute 25 percent of minimum wages;
(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 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.

Also check: Variable Dearness Allowance - Minimum Wages effect from 1.4.2019 - Chief Labour Commissioner (Central) Orders

Norms for fixation of minimum rate of wages (1) While fixing the minimum rate of wages under section 6, the Central Government shall divide the concern geographical area into three categories, that is to say the metropolitan area, non-metropolitan area and the rural area.

(2) The Central Government shall constitute a technical committee under clause (a) of sub-section (1) of section 8 for the purpose of advising the Central Government in respect of skill categorization, which shall consist of the following members, namely :-
  • Chief Labour Commissioner (Central) ………………… Chairperson;
  • Joint Secretary to the Government of India dealing with the wages …………… member;
  • a representative from the Government of India, Ministry dealing with skill development;
  • Director General of employment, Government of India, Ministry of Labour and Employment ………………. member;
  • two technical experts in wage determination as nominated by Central Government …………………… member; and
  • the Deputy Secretary to the Government of India, Member Secretary of such technical committee.
(3) The Central Government shall, on the advice of the technical committee referred to in sub-rule (2), categorize the occupations of the employees into four categories that is to say unskilled, semi-skilled, skilled and highly skilled by modifying, deleting or adding any entry in the categorization of such occupation specified in Schedule E.

(4) The technical committee referred in sub-rule (2) shall while advising the Central Government under sub-rule (3) take into account, to the possible extent, the national classification of occupation or national skills qualification frame work or other similar frame work for the time being formulated to identify occupations.
Calculating the minimum rate of wages Central Government Code on Wages 2019



Central Government Draft Rules under Section 67 of the Code on Wages 2019

Central Government Draft Rules under Section 67 of the Code on Wages 2019

Central Government Draft Rules under Section 67 of the Code on Wages 2019


F. No S-32017/01/2019 - WC
Government of India
Ministry of Labour & Employment
Shram Shakti Bhawan, New Delhi
Date: 01 November, 2019
NOTE

Subject: The Preliminary Draft Rules under Section 67 of the Code on Wages, 2019- reg.

The Ministry of Labour and Employment has prepared a preliminary draft rule under Section 67 of the Code on Wages, 2019.

2. The draft Central rule is hereby placed on the Ministry's website for inviting inputs/ comments/ suggestions of various stakeholders including general public.


3. It has been decided to receive the inputs/ comments/ suggestions within a period of one month from the date of its upload on the website and the same may be addressed to Rajiv Ranjan (rajiv.ranja76@gov.in), Deputy Director, and Bikash Kumar Malick (malick.bikash@gov.in), Assistant Director, Ministry of Labour & Employment, Government of India.
(Bikash Kumar Malick)
Assistant Director
To
All the Stakeholders.

Download the Notification

Flash News

9 hours of work is a normal working day for central government employees

9 hours of work is a normal working day for central government employees Central Government Employees Latest News Number of Hours o...