Minimum Wages Rates Calculation Fixation Categorization – Chapter II Draft Code on Wages (Central) Rules 2020 : Notification

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Minimum Wages Rates Calculation Fixation Categorization – Chapter II Draft Code on Wages (Central) Rules 2020 : Notification

Minimum Wages Rates Calculation Fixation Categorization – Chapter II Draft Code on Wages (Central) Rules 2020 : Notification

(Chapter of Draft Rules of Code on Wages (Central) Rules, 2020 published by Ministry of Labour and Employment Notification dated 07.07.2020)

Click to view: Chapter I & full Notification of Draft Rules of Code on Wages (Central) Rules, 2020

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CHAPTER II

Minimum wages

3. 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:-

(I) the standard working class family which includes a spouse and two children apart from the earning worker; an equivalent of three adult consumption units;

(II) A net intake of 2700 calories per day per consumption unit;

(III) 66 meters cloth per year per standard working class family;

(IV) Housing rent expenditure to constitute 10 per cent of food and clothing expenditure;

(V) Fuel, electricity and other miscellaneous items of expenditure to constitute 20 percent of minimum wage; and

(VI) Expenditure for children education, medical requirement, recreation and expenditure on contingencies

* The provisions of the rule 3 are based on the criteria declared in the judgment in Workmen Represented by Secretary vs. Management of Reptakos Brett. And Co. Ltd. and Anr.,1992 AIR 504 pronounced by the Hon’ble Supreme Court and on the recommendations of the 15th Indian Labour Conference (ILC) to constitute 25 percent of minimum wage;

(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.

Extension of EPF contribution 24% for another three months from June to August 2020: Cabinet approval

4. 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 concerned 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 for the purpose of advising the Central Government in respect of skill categorization, which shall consist of the following members, namely:-

(i) Chief Labour Commissioner (Central) – Chairperson;

(ii) Joint Secretary to the Government of India in the Ministry of Labour and Employment dealing with the wages – Member;

(iii) A representative from the Ministry of Skill Development and Entrepreneurship,Government of India, dealing with skill development – Member;

(iv) Director General of Employment, Government of India, Ministry of Labour and Employment – Member;

(v) Two technical experts in wage determination as nominated by the Central Government -Members; and

(vi) the Deputy Secretary to the Government of India, in the Ministry of Labour & Employment, dealing with the wages – Member Secretary.

(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 occupations specified in Schedule E.

Schedule E
(see rule 4 (3)

S.No. UNSKILLED
1 Beldar
2 Calf boy
3 Cattleman
4 Cleaner (Motor shed, Tractor, Cattle,Yard, M.T)
5 Collecting loose fodder
6 Dairy coolie
7 Mazdoor (Arportculturist Compost, Dairy’s Haystaking, Irrigation, Manure,Stacking, Milk- room, Ration room Store, Anti-Malaria, M.R.)
8 Driver (Mule, Bullock, Camel, Donkey)
9 Dresser
10 Driver (Bullocks Mule)
11 Grazler
12 Dairyman
13 (Store-Mazdoor)
14 Carrier (Stone),
15 Breaker (using manual appliances)
16 Helper
17 Messenger (Office)
18 Mali
19 Syce
20 Tying and Carrying loose hay
21 Sweeper,
22 Weighing and Carrying bales,
23 Weighman (Bales, pally),
24 Waterman,
25 Stable man,
26 Trolly man
27 Valveman,
28 Watchman,
29 White Washer,
30 Wooderman,
31 Wooder Woman,
32 Borryman,
33 Coalman,
34 Condenser,
35 Attendant,
36 Grass Cutter,
37 MuchhersJamadars,
38 Condenser Attendant,
39 Shunters
40 Turner,
41 Bajri Spreader,
42 Beater Women,
43 Bell-Woman,
44 Chain Man,
45 Boat Man,
46 Bucket Man,
47 Labourer (Boiler, Cattle Yard, Cultivation, General Loading and Unloading, Bunding, Carting- Fertilizers, Harvesting, Miscellaneous Seeding, Sowing, Thatching, Transplanting, Weeding)
48 Cleaner (Crane, Truck, Cinder for ash Pit),
49 Cartman,
50 Caretaker (Bridge),
51 Carrier (Water),
52 Chowkidar,
53 Concrete (Hand Mixer),
54 Daffadar,
55 Driver (Bullock, Camel, Donkey, Mule),
56 Flag Man,
57 Flagman (Blast Train),
58 Khalasi not attending to machines
59 Gangmen,
60 Gatingman (Permanent Way),
61 Handle Man, Jumper Man,
62 Kamin (Female Work),
63 Khalas,
64 Bridge,
65 Electrical,
66 Marine,
67 Moplah,
68 Store,
69 Steam Road,
70 Share,
71 Roller Survey,
72 labourer (Garden),
73 Mazdoor,
74 Hole Cutter,
75 Lorry Trainees,
76 Petrolman,
77 Searcher,
78 Signal man,
79 Strikers,
80 Vaks Controller,
81 Cleaner
82 Dresser / Dressing Mazdoor
83 Loader
84 Mazdoor (Male/Female)
85 Messanger (Male / Female)
86 Trammer
87 Caretaker (except in Copper, Chromite and Graphite mines where it is semiskilled)
88 Office Peon /Peon (except in Bauxite Mines)
89 Sweeper (Male / Female)
90 Carrier
91 Number Taker
92 TrollyTriper
93 Water Carrier
94 Earth Cutter
95 Survey Khalasi
96 Gate Man,
97 Concrete (Hand Mixer)
98 Dismantling stocks
99 Lampman
100 Beldar/Beldar (Canteen)
101 Coolie
102 Peon
103 Cook-helper
104 Office Boy
105 Quarry Worker
106 Jelly Maker
107 Over burden Remover
108 Waste removing mazdoor
109 Unloader
110 Excavating Labour
111 Digger
112 Butcher
113 Attender
114 Lorry Helper
115 Surface loader
116 Wood Cutter
117 Surface Mukar
118 Under Ground Mukar
119 Striker (Moplah gang),
120 Tall Boy,
121 Tile
122 Person employed in loading and unloading
123 Person employed in sweeping and cleaning and other cateogires by whatever name called which are of unskilled nature
S.No

SEMI SKILLED

1 Assistant (Chowdhary)
2 Attendant (Bull-calving lines, Chowkidar, Chaff cutter, Hostel, Dry Stock, Grain crusher, Pump, Siekline,
3 Stable, Yard Stock)
4 Assistant-Plumber
5 Attendant
6 Bhisti
7 Brander
8 Bullman
9 Butterman
10 Coachman
11 Cobbler
12 Cultivator
13 Daftry
14 Deliveryman
15 Dhobi
16 Dresser
17 Fireman
18 Gowala
19 Hammerman
20 Helper (Blacksmith)
21 Helper
22 Jamadar (stand)
23 Jamadar
24 Khalasi
25 Mali Senior
26 Mate/Mistry
27 Mazdoor (literate)
28 Nalband
29 Oilman
30 Ploughman
31 Vtackers
32 Supervisor
33 Thatcher
34 Valveman
35 Valveman (Senior)
36 Wireman fixing tin cables
37 Cook
38 Dandee
39 Frash
40 Hacksaw man
41 Helper (locco-Crane/Truck)
42 Manjhee (Boatman)
43 Belchawala
44 Muccadam (without competency certificate under Metalliferous Bulldozer Driver Mines Regulations, 1961)
45 Bhisti (with Mushk)
46 Boatman (head)
47 Breaker,
48 Breaker (Stone, Rock, Rock Stone, Stone Metal
49 Canweaver
50 Chainman(Head)
51 Charpoy-Stringer
52 Checker
53 Cracker
54 Dollyman
55 Assistant
56 Driller
57 Driver (Skin)
58 Excavator
59 Ferroman
60 Fireman (Brick Kiln, Steam Road Roller)
61 Gate Keeper
62 Gharami
63 Classman
64 Grater
65 Greaser-cum-Fireman
66 Grinder
67 Hammerman
68 Helper (Artisan)
69 Helper (Sawyer)
70 Keyman
71 Khalasi (Head Survey, Rivertters-Moplah Gang, Supervisory)
72 Labourer (Rock-Cutting)
73 Lascar
74 Mali (Head)
75 Stockers and Boilerman
76 Thoombaman (Spade worker)
77 Tindals
78 Trollyman (Head Motor)
79 Fitter (Assistant Semi-Skilled)
80 Jamadar (Semi-skilled)
81 Mate (Stone)
82 Kasab
83 Khalasi (Structural)
84 Masalchi P.M. Mates
85 Miner
86 Untrained Mate/ Mining Mate/ Mate without Competency certificate Under Metalliferous Mines Regulations, 1961
87 Butler/Cook
88 Breaker (using mechanical appliances)
89 Crech Ayah/Ayah/Untrained Crech Attendant
90 Assistant Driller
91 Oilman/Oiler
92 Chowkidar/ Watchman
93 Helper (Mason, Carpenter, Blacksmith)
94 Tindals
95 Topas
96 Topkar (Big Stone Breaker)
97 TrollyJamadar
98 Winchman
99 Attendance-keeper
100 Assistant Wireman
101 Mate
102 Mate (Blacksmith, Road, Carpenter)
103 Engine Driver and/or Feeder
104 Fitter
105 Gang
106 Mazdoor Mason
107 Permanent Way
108 Pump-Driver,Turner)
109 Mazdoor (Heavy-weight)
110 Charge-man
111 Mistri (Head
112 Muccadam
113 Night-guard
114 Runner (Post dak)
115 Oilman
116 Quarry man
117 Quarry Operator
118 Stoneman
119 Stocker
120 Thatcher
121 Pump Attendant
122 Bearer
123 Breakman
124 Crowlder Man
125 Laboratory Boy
126 PointsmanSencummy
127 Stone mines and other cateogires by whatever name called which are of semi-skilled nature
S.No

SKILLED

1 Artificer (Class-II, III, IV)
2 Blacksmith
3 Blacksmith (Class II)
4 Boilerman
5 Carpenter
6 Carpenter (Class II) Carpenter-cum- Blacksmith
7 Chowdhary
8 Driver
9 Driver (Engine Tractor, M.T.Motor)
10 Electrician
11 Fitter
12 Mason
13 Mason Class II
14 Machine hand (Class II, III, IV)
15 Machineman
16 Mate Gr. I (Senior)
17 Mechanic
18 Milk Writer
19 Mistry (Head)
20 Moulder
21 Muster Writer
22 Operator (Tube-well)
23 Painter
24 Plumber
25 Welder
26 Upholsterer
27 Wireman,
28 Chipper
29 Chipper-Cum-Grinder
30 Cook (Head)
31 Driller
32 Driller (Well Boring)
33 Driver(Loco/Truck)
34 Electrician (Assistant)
35 Mechanic (Tube-Well)
36 Mistry(Stell, Tube-Well, Telephone)
37 Meter Reader
38 Meterorogical Observer Navghani
39 Operaor (Batching Plant, Cinema Project,Clamp Shelf, Compressor, Grane, Dorrick, Diesel Engine, Doser,Dragling Drill Dumber, Excavator, Fork Lift Generator, Grader, Jack Hammer and Payment breaker Loader, Pump, Pile Driving,Scrapper, Screening Plant, Shoval, Tractor, Vibrator, Weight Batcher, Railway Guards, Repairer (Battery)
40 Sharper/Slotter
41 Sprayer (Ashalt) Station Master
42 Surveyor (Silt)
43 Trades-Man
44 Train Examiner
45 Turner/Miller
46 TyreVulcaniser
47 Sawyer
48 Sawyer (Selection Grade Class II) Serang
49 Serangpile
50 Driving Pantooms with Boiler
51 Shapesman
52 Shift-incharge
53 Sprayman
54 Sprayman (Roads)
55 Stone Cutter
56 Stone Cutter (Selection Grade, Grade II, Class II)
57 Stone Chisler
58 Stone Chisler (Class II)
59 Stone Blasterer
60 Sub-Overseer (Unqualified)
61 Surveyors
62 Pump Driver
63 Pump Driver (Selection Grade), Grade II and III, Class II)
64 Pump Driver (Selection Grade, P.E., Driver,
65 Pumpman
66 Pumpman (Assistant)
67 Plumber
68 Polisher (with spray) Grade II
69 Ratan Man
70 Rivet Cutter (Assistant)
71 Rivetter
72 Rivetter (Cutter)
73 Road Inspector Grade II, Railway Plate Layer
74 Rod Bender
75 Haulage Operator
76 Dispensary Attendant
77 Work Sakar
78 Mica Cutter Grade -I
79 Dresser Grade -I Mica
80 Supervisory Fireman
81 Fireman only in Mines
82 Compressor Driver
83 Pump Man Driver 96. Grinder in Mica Mines
84 Surveyors (Assistant)
85 Tailor
86 Tailor(Upholstry)
87 Transprayer
88 Tar man
89 Line Man
90 Tiler Class II
91 Wall(Floor, Roof)
92 Tiler (Selection Grade)
93 Tin-Smith
94 Tin Smith(Selection Grade, Grade II and III, Class II) Tinker
95 Well Sinker
96 Assistant Mistry
97 Armature Winder Grade-II and III
98 Bhandari
99 Blacksmith
100 Blacksmith (Selection Grade, Grade II, III, Class II and III)
101 Boilerman
102 Boilerman Grade II and III
103 Boiler Foreman Grade II
104 Work (Assistant)
105 Brick Layer
106 Bricklayer (Selection Grade, Class II)
107 Blaster
108 Chowkidar (Head)
109 Security Guard (without arms)
110 Carpenter
111 Carpenter (Selection Grade, Grade II and III, Class I and III Assistant
112 B.I.M. Road
113 Cabinet Maker
114 Caneman
115 Celotex
116 Cutter Maker Chargeman, Class II and Class III, Carpenter Ordinary)
117 Checkder (Junior)
118 Chick Maker
119 Chickman (Junior) Concrete Mixure Mixer
120 Concrete Mixure Operator
121 Cobbler
122 Coremaker
123 Driver
124 Driver Motor Vehicle
125 Motor Vehicle Selection Grade
126 Motor Lorry
127 Motor-Lorry Grade II
128 Lorry Grade II
129 Diesel Engine
130 Diesel Engine Grade II
131 Mechanical Road Roller I.C. and Cement Mixer etc.
132 Road Roller
133 Road Roller Driver Grade II
 

 

134

Driver (Engine Static Stone Crusher, Tractor/Bull Dozer, Steam Road Roller,Water Pump, Mechanical Assistant, Road Roller, Mechanical, Steam Crane,Tractor with Bull Dozer Mechanical, Transport, Engine Static and Road Roller Boiler Attendant
135 Engine Operator (Stone Cursher Mechanical)
136 Distemprer, Electrician, Electrician (Grade II, Class II and Class III)
137 Fitter
 

138

Fitter (Selection Grade, Grade II and III) class II and III Assistant, Pipe class II, Pipe Line ending Bars for
139 reinforcement Cum-mechanic, Mechanic and Plumber)
140 Gharami (Head)
141 Glazier
142 Hole Drillar for Blasting
143 Joiner
144 Joiner (Cable,Cable Grade II)
145 Lineman (Grade II,III, High Tension/Low Tension)
146 Mason
147 Mason (Selection Grade, Grade II, III and Class B Mistry)
148 Stone (Stone Class II, Brick Work, Stone work)
149 Brick-layer
150 Tile Flooring
151 B.I.M Muccadam (Head)
152 Stone cutting
153 Ordinary Machanis
154 Mechanic
155 Mechanic (Class II, Air conditioning, Air conditioning Grade II
156 Diesel Grade II
157 Road Roller Grade II
158 Assistant, Radio)
159 Manson (Gharami)
160 Mistry
161 Mistry Grade II, Air conditioning Grade II, P. Way, Survey, Santras Works)
162 Mason Class A
163 Moulder
164 Moulder (Brick, Tile)
165 Painter
166 Painter (Selection Grade,Grade II and III, Class II, Assistant Lotter and Polisher, Polisher,Rough)
167 Plasterer
168 Plasterer (Mason Grade II)
169 Plumber
170 Plumber (Selection Grade, Class II, Assistant Lotter and Polisher, Rough),
171 Plasterer
172 Plasterer (Mason Grade II)
173 Plumber (Selection Grade, Class-II, Assistant Senior, Junior, Mistry Grade II)
174 Plumbing Mistry
175 Plumber-cum-Fitter
176 Polisher
177 Polisher (Floor)
178 Sirdhar Lathe Man
179 Geologist
180 Trailors
181 Turner
182 Upholsterer
183 Upholsterer (Grade II and III)
184 Painter Spray (Class II)
185 Wood Cutter
186 Wood Cutter Section Grade
187 Wood Cutter Class II
188 Work Sircar
189 Welder
190 Airwineh Haulage Operator
191 Auto-electrician
192 Painter
193 Blacksmith
194 Tailor
195 Compressor Operator
196 Blaster/Shot-firer
197 Driver
198 Head cook
199 Chargeman
200 Carpenter
201 Concrete Mixer Operator
202 Compressor Attendant
203 Air Compressor Attendant
204 Tractor Driver
205 Vehicle Driver
206 Chemist and Assistant/ Chemist
207 Sub- overseer (unqualified)
208 Driller
209 Handhole Driller
210 Drill Mechanic
211 Driver Auto
212 Electrician
213 Wirelesss Operator Asstt. Foreman
214 Foreman
215 Fitter
216 Ferry Driver
217 Issuer Loco
218 Super Foreman
219 Hoist Operator
220 IMCE Driver
221 Driver
222 Loco Driver
223 Loader Operator
224 Linesman
225 Mechanic/ Machinist
226 Mason
227 Mid Wife
228 Tinsmith
229 Supervisory Mechanic
230 Pump Attendant only in Gypsum, Barytes and Rock Phosphates
231 Pump Operator/Driver
232 Mining Mate with competency certificate under Metalliferous Mines\ Regulations, 1961.
233 Mistry
234 Skilled Mazdoor
235 Turner
236 Senior Mechanic
237 Pipe Fitter
238 Supervisor
239 Drafts Man
240 Wireman
241 Timber Man/Timber Mistry Elect.
242 Stone Crusher Operator
243 Crusher Operator
244 Moulder
245 Welder
246 Operator
247 Work Mistry
248 Engine Driver
249 Mining Engine Driver Grade -II
250 Engineman
251 Valveman
252 Cutter
253 Winding Engine Driver Grade – II
254 Security Guard (Unarmed) /Head Chowkidar
255 Shovel Operator
256 Limco Loader Operator
257 Surface Supervisor
258 Dozer Operator
259 Compressor Driller
260 Dumper Tractor Operator
261 Boiler Man (with Certificate)
262 Machinery Attendant
263 Air-conditions Mechanic
264 Crech Attendant only in Magnesite, Manganese and Mica Mines
265 Power Shovel Operator
266 Power and Pump House Operator
267 Miner Grade – I
268 Tractor Operator 80. Tub Repairer 81. Lathe Mistry
269 Stationery Engine Attendant 83. Generator Operator 84. Loading Foreman
270 Diesel Mechanic
271 Ferro Printer cum-chairman
272 White Washing and Colour Washing Man
273 Operator Pneumatic Tools, Operator (Fitter)
274 Boreman
275 Borer
276 Wireman (Grade II and III, Mechanic, Electrical)
277 White Washer
278 White Washer (Selection Grade, Class II)
279 Wireman
280 Welder (Class II, Bridge work)
281 Welder gas
282 Muccatam (with Compentency Certificate under MetalliferousMinesRegulations, 1961).
283 Security Guard (without arms)and other cateogires by whatever name called which are of skilled nature
284 Assistant (Farm)
285 Assistant (Cashier)
286 Librarian
287 Telex or Telephone Operator
288 Hindi Translator
289 Telex or Telephone Operator
290 Hindi Translator
291 Accounts Clerk
292 Clerks
293 Computer/Data Entry Operator
294 Telephone Operator, Typist
295 Store Attendant
296 M. C. Clerk
297 Munshi (Matriculate, Non-matriculate)
298 Store Clerk (Matriculate Non-matriculate)
299 Store Keeper
300 Store Keeper Grade I, Grade II, (Matriculate)
301 Time Keeper
302 Time Keeper (Matriculate Non-Matriculate)
303 Book Keeper
304 Work Munshi
305 Work Munshi (Subordinate)
306 Magazine Clerk
307 Teller Clerk
308 Store clerk
309 Tally Clerk
310 Store Issuer
311 Tool Keeper
312 Computer/Date Entry Operator
313 Record Keeper
314 Tracer
315 File Clerk
316 Register Keeper
317 Time Keeper
318 Clerk
319 Munshi
320 Typist and other cateogires by whatever name called which are of clerical nature
S.NO

HIGHLY SKILLED

1 Artificier Class I
2 Blacksmith Class I
3 Carpenter Class I
4 Machine
5 Hand Class I
6 Mason Class I
7 Mechanic (Senior)
8 Painter (Grade I, Class I, Spray) Plasterer (Mason) Class I
9 Plumber (Head, class I)
10 Mistry Grade I
11 Polisher (with spray Grade I)
12 Road Inspector Grade I
13 Sawyer Class I
14 Stone Cutter Class I
15 Stone Cutter Grade I
16 Stone Chisler Class I
17 Stone Mason Class I
18 Sub-Overseer (Qualified)
19 Tiler Class I
20 Tinsmith Grade I and Class I
21 Upholsterer Grade I
22 Varnisher Class I
23 Welder-Cum-Fitter and Air Conditioning Mechanic
27 Welder (Gas) Class I
25 White Washer Class I
26 Wireman Grade I, Class I
27 Wood Cutter Class I
28 Grinder (Tool) Grade I
29 Operator (Batching Plant Grade I)
30 Leader Grade I
31 Pile Driving Grade I
32 Pump Grade
33 Scrapper Grade I
34 Screening Plant Grade I
35 Pump Grade I
36 Scrapper Grade I
37 Security Guards (with arms)
38 Armature Winder Grade I
39 Blacksmith Grade I and Class I
40 Boilerman Grade I
41 Boilerman Foreman Grade I
42 Brick Layer class I
43 Cable Joiner Grade I
44 Carpenter grade I and Class I
45 Celo Cutter and Decorator
46 Chargeman Class I
47 Checker (Sr) Driver Lorry Grade I
48 Motor Lorry Grade I
49 Motor Vehicle Class I and Diesel Engine Grade I
50 Road Roller Grade I
51 Pump Class Electrician Grade I and Class I/ Grade I
52 Fitter (Grade I, Class I)
53 Pipe Class I (Head)
54 Foreman(Assistant) Line Man Grade I Mason (Skilled Grade I, Class I)
55 Mast Rig
56 Mechanic Class I and Class II
57 Mechanic (Diesel Grade I and Road Roller Grade I
58 Airconditioning Grade I/Class I, Mistry Grade I
59 Mistry (Airconditioning Grade I)
60 Overseer
61 Overseer (Senior and Junior)
62 Dragline Grade I
63 Drill Grade I
64 Dumper Grade I
65 Excavator Grade I
66 Fork Lift Grade I
67 Generator Grade I
68 Rigger Grade I
69 Rigger Grade II
70 Charper/Sletter Grade I
71 Shovel and Dragline Tractor Grade I
72 Tradesman Class I
73 Turner/Miller Grade I
74 Work (Assistant) Grade I
75 Compounder
76 Surveyor
77 Winding Engine Driver
78 Operator (Heavy Earth Moving Shovel and Bulldozer)
79 Head Mistry
80 Staff Nurse with Diploma
81 Drill Operator other than Jack Hammer
82 Electrical Supervisor with Competency Certificate
83 Underground Shift Boss
84 Head Mechanic
85 Qualified and Experienced Welder
86 Machine Tool Mechanic
87 Mechanical/Plant Foreman
88 Mining Supervisor
89 Vocational Training Instructor/Teacher
90 Head Electrician
91 Accountant
92 Steno with 7 years of service
93 Store Incharge
94 Shift Incharge
95 Supervisor
96 Incharge of Watch and Ward
97 Security Guard (Armed)
99 Crane Grade I
100 Diesel Engine Grade I
101 Dozer Grade I
102 Clamp Shell Grade I
103 Compressor Grade I
104 Grader Grade I
105 Tractor Grade I
106 Vibrator Grade I
107 Screening Plant Grade I
108 Shovel Grade I
109 Shovel and Dragline
110 Tyrevulcanser Grade I
111 Security Guard (with Arms)and other categories by whatever name called which are of Highly- skilled nature

 

(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.

5. Time Interval for revision of dearness allowance.- Endeavor 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 then before1st October in every year to revise the dearness allowance payable to the employees on the minimum wages.

6. Number of hours of work which shall constitute a normal working day.

(1)The normal working day under clause (a) of sub-section (1) of section 13 shall be comprised of eight hours of work and one or more intervals of rest which in total shall not exceed one hour.

(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-

(i) 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

(ii) 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

(iii) 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 favorable 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 favorable terms aforesaid.

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

8. Night shifts.—Where an employee in an employment works on a shift which extends beyond midnight, then, –

(a) a rest day for the whole day for the purposes of rule 7 shall, in this case means a period of twenty- four consecutive hours beginning from the time when his shift ends; and

(b) the following day in such a case shall be deemed to be the period of twenty-four hours beginning from the time when such shift ends, and the hours after midnight during which such employee was engaged in work shall be counted towards the previous day.

9. The extent and conditions for the purposes of sub-section (2) of section 13.- In case of employees-

(a) engaged in any emergency which could not have been foreseen or prevented;

(b) engaged in work of the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned;

(c) whose employment is essentially intermittent;

(d) engaged in any work which for technical reasons has to be completed before the duty is over; and

(e) engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces;

the provisions of rules 6, 7 and 8 shall apply subject to the condition that –

(i) the spread over of the hours of work of the employee shall not exceed 16 hours in any day; and

(ii) the actual hours of work excluding the intervals of rest and the periods of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attendance shall not exceed 9 hours in any day.

10. Longer wage period.-The longer wage period for the purposes of minimum rate of wages under section 14 shall be by the month.

View Next: Floor Wages Manner of fixing CHAPTER III: Draft Code on Wages (Central) Rules 2020 : Notification

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