The Code on Wages, 2019
(Act No. 29 of 2019)
An Act to amend and consolidate the laws relating to wages and bonus and matters connected therewith or incidental thereto.
Received the assent of the President on 8th August 2019. Repeals the Payment of Wages Act, 1936; the Minimum Wages Act, 1948; the Payment of Bonus Act, 1965; and the Equal Remuneration Act, 1976. Came into force on 18th December 2020 (in phases, by notification).
Chapter I — Preliminary
- 1. Short title, extent and commencement
- 2. Definitions
- 3. Prohibition of discrimination on ground of gender
- 4. Decision as to disputes with regard to same or similar nature of work
Chapter II — Minimum Wages
- 5. Payment of minimum rate of wages
- 6. Fixation of minimum wages
- 7. Components of minimum wages
- 8. Procedure for fixing and revising minimum wages
- 9. Power of Central Government to fix floor wage
- 10. Wages of employee who works for less than normal working day
- 11. Wages for two or more classes of work
- 12. Minimum time rate wages for piece work
- 13. Fixing hours of work for normal working day
- 14. Wages for overtime work
Chapter III — Payment of Wages
- 15. Mode of payment of wages
- 16. Fixation of wage period
- 17. Time limit for payment of wages
- 18. Deductions which may be made from wages
- 19. Fines
- 20. Deductions for absence from duty
- 21. Deductions for damage or loss
- 22. Deductions for services rendered
- 23. Deductions for recovery of advances
- 24. Deductions for recovery of loans
- 25. Chapter not to apply to Government establishments
Chapter IV — Payment of Bonus
- 26. Eligibility for bonus, etc.
- 27. Proportionate reduction in bonus in certain cases
- 28. Computation of number of working days
- 29. Disqualification for bonus
- 30. Establishments to include departments, undertakings and branches
- 31. Payment of bonus out of allocable surplus
- 32. Computation of gross profits
- 33. Computation of available surplus
- 34. Sums deductible from gross profits
- 35. Calculation of direct tax payable by employer
- 36. Set on and set off of allocable surplus
- 37. Adjustment of customary or interim bonus against bonus payable under this Code
- 38. Deduction of certain amounts from bonus payable
- 39. Time limit for payment of bonus
- 40. Application of this Chapter to establishments in public sector in certain cases
- 41. Non-applicability of this Chapter
Chapter V — Advisory Board
Chapter VI — Payment of Dues, Claims and Audit
- 43. Responsibility for payment of various dues
- 44. Payment of various undisbursed dues in case of death of employee
- 45. Claims under Code and procedure thereof
- 46. Reference of disputes under this Code
- 47. Presumption about accuracy of balance sheet and profit and loss account of corporations and companies
- 48. Audit of account of employers not being corporations or companies
- 49. Appeal
- 50. Records, returns and notices
Chapter VII — Inspector-cum-Facilitator
Chapter VIII — Offences and Penalties
- 52. Cognizance of offences
- 53. Power of officers of appropriate Government to impose penalty in certain cases
- 54. Penalties for offences
- 55. Offences by companies
- 56. Composition of offences
Chapter IX — Miscellaneous
- 57. Bar of suits
- 58. Protection of action taken in good faith
- 59. Burden of proof
- 60. Contracting out
- 61. Effect of laws, agreements, etc., inconsistent with this Code
- 62. Delegation of powers
- 63. Exemption of employer from liability in certain cases
- 64. Protection against attachment of assets of employer with Government
- 65. Power of Central Government to give directions
- 66. Saving
- 67. Power of appropriate Government to make rules
- 68. Power to remove difficulties
- 69. Repeal and savings
