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Title: THE DEFINITION OF MINIMUM WAGE UNDER MINIMUM WAGES ACT,1948 AND THE NEW WAGES CODE, 2019: A CRITICAL ANALYSIS
Authors: Elina Mohan
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Elina Mohan The British School New Delhi
MLA 8 Mohan, Elina. "THE DEFINITION OF MINIMUM WAGE UNDER MINIMUM WAGES ACT,1948 AND THE NEW WAGES CODE, 2019: A CRITICAL ANALYSIS." Int. j. of Social Science and Economic Research, vol. 6, no. 8, Aug. 2021, pp. 2936-2952, doi.org/10.46609/IJSSER.2021.v06i08.027. Accessed Aug. 2021. APA 6 Mohan, E. (2021, August). THE DEFINITION OF MINIMUM WAGE UNDER MINIMUM WAGES ACT,1948 AND THE NEW WAGES CODE, 2019: A CRITICAL ANALYSIS. Int. j. of Social Science and Economic Research, 6(8), 2936-2952. Retrieved from https://doi.org/10.46609/IJSSER.2021.v06i08.027 Chicago Mohan, Elina. "THE DEFINITION OF MINIMUM WAGE UNDER MINIMUM WAGES ACT,1948 AND THE NEW WAGES CODE, 2019: A CRITICAL ANALYSIS." Int. j. of Social Science and Economic Research 6, no. 8 (August 2021), 2936-2952. Accessed August, 2021. https://doi.org/10.46609/IJSSER.2021.v06i08.027.
References [1]. Article 43 of the Constitution of India [2]. The Ministry of Labour and Employment Bureau [3]. Part IV of the Indian Constitution [4]. Art 43 of the Indian Constitution [5]. S.20, Minimum Wages Act,1948 [6]. S.22-Penalty for certain offences, Minimum Wages Act,1948 [7]. ILO Website [8]. Part I of the Schedule of Employment includes manufacturing, tea/coffee/rubber plantations, stone breaking, bidi/lac industries [9]. Part II of the Employment Schedule includes employments in agriculture like dairy farming/livestock/cultivation [10]. Section 3(2) Minimum Wages Act,1948 [11]. Proviso to Section 3(3) [12]. Section 5(1)a, the Minimum Wages Act,1948 [13]. Section 5(1)b [14]. Section 5(2) [15]. The Wages Code,2019 [16]. AIR 1958 SC 30 [17]. AIR 1967 SC 1175 [18]. AIR 1992 SC 504 [19]. Jhabvala, Renana (7 March 1998). "Minimum Wages Based on Worker's Needs". Economic and Political Weekly: 500–502.
Abstract: Wages are commonly understood as the price paid against labour. It is a 19th century construct that gained recognition with the commodification of labour by industrialists, who dictated the terms and conditions of employment and thus, exploited the labourer. The Minimum Wages Act of 1948 is the Act of Parliament that sets the minimum wages to be paid for skilled and unskilled labour, The Tripartite Committee set up by the Central Advisory Committee was the body that first came up with the concept of minimum wage which guarantees a basic subsistence as well as provides for education, medical facilities and a basic level of comfort. We find that this archaic law has been exploited by employers to underpay their workers. As per the law, wage rates in scheduled employments differ across states, sectors, skills, regions and occupations owing to the difference in costs of living, regional industries' capacity to pay, consumption patterns, etc. Hence, there is no single uniform minimum wage rate across the country and the structure has become overly complex. This research paper seeks to carry out an in-depth study into the concept of minimum wage, its definitions and how it is calculated, the various changes brought about by the Wages Code of 2019 and suggestions and implementations needed to be brought about in the legislations to have a more realistic and equitable calculation and distribution of wages.

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