The Code on Wages , 2019

The Code on Wages, 2019 – Interactive Study Guide

⚖️ The Code on Wages, 2019

Act No. 29 of 2019  |  Complete Interactive Study Guide for LL.B. Students

📋 Overview – The Code on Wages, 2019
🏛️ The Code on Wages, 2019 (Act No. 29 of 2019) came into force to amalgamate, simplify and rationalise four older labour laws into one unified code. It covers all of India and applies to all workers in both organised and unorganised sectors.
📜 Background – Why Was This Law Made?

India had many separate labour laws that were confusing and overlapping. The Second National Commission on Labour (2002) recommended grouping them. Parliament merged four old Acts into this one Code.

🗂️ Four Old Laws Replaced
#Old Act ReplacedYearSubject
1Payment of Wages Act1936Timely wage payment, deductions
2Minimum Wages Act1948Fixing minimum wages
3Payment of Bonus Act1965Annual bonus to workers
4Equal Remuneration Act1976Equal pay regardless of gender
📚 Structure of the Code – At a Glance
ChapterTitleKey SectionsMain Topic
IPreliminary1–4Definitions, anti-discrimination
IIMinimum Wages5–14Fixing, revising, paying minimum wages
IIIPayment of Wages15–25Mode, time, deductions from wages
IVPayment of Bonus26–41Eligibility, calculation, payment of bonus
VAdvisory Board42Central & State Advisory Boards
VIClaims & Audit43–50Recovery of dues, appeals, records
VIIInspector-cum-Facilitator51Inspection powers
VIIIOffences & Penalties52–56Court cognizance, punishments
IXMiscellaneous57–69Bar of suits, repeal & savings
⭐ Key Features of the Code
  • Applies to ALL workers – organised and unorganised sectors alike.
  • Central Government can fix a Floor Wage – no State can go below it.
  • Wages can be paid via cash, cheque, bank transfer, or digital/electronic mode.
  • Minimum wages must be reviewed at least every 5 years.
  • No discrimination in wages on the basis of gender for same or similar work.
  • Bonus = minimum 8.33% and maximum 20% of annual wages.
  • Inspector becomes Inspector-cum-Facilitator (helps employers comply, not just punish).
  • Penalty up to ₹50,000 (first offence) and imprisonment up to 3 months (repeat).
  • Claim limitation period increased to 3 years from 6 months–2 years earlier.
🌟 Simple Story to Remember:
Ramu is a factory worker. Under the Code on Wages, 2019 – his employer MUST pay him at least the minimum wage fixed by the government, pay him on time, must NOT deduct more than 50% of his wages, must give him annual bonus, must treat him equally regardless of gender, and can be punished if any of these rules are broken.
📖 Chapter I – Preliminary (Sections 1–4)
§ 1 – Short Title, Extent & Commencement
  • The Act is called "The Code on Wages, 2019".
  • It extends to the whole of India.
  • It comes into force on dates notified by Central Government (different dates for different sections).
  • Fully notified on 21st November 2025 (most sections).
📝 Example: If Section 15 (Mode of Payment) is notified on a different date than Section 26 (Bonus), each section operates from its own notified date.
§ 2 – Important Definitions (Simplified)
TermPlain English MeaningExample
EmployeeAny person employed on wages to do skilled/unskilled/managerial/technical work. Excludes Armed Forces members & apprentices.A factory worker, an office clerk, a supervisor
EmployerPerson who employs workers, directly or through contractors. Includes contractors and legal representatives of deceased employers.Factory owner, company director, contractor
WagesAll pay including basic salary, dearness allowance, retaining allowance. Does NOT include HRA, gratuity, overtime, bonus, PF contribution, conveyance.Basic pay ₹15,000 + DA ₹3,000 = Wages ₹18,000
Minimum WageLowest wage fixed by appropriate government under Section 6.Central Govt fixes ₹176/day as minimum wage for unskilled workers
Appropriate GovernmentCentral Govt for central establishments (railways, mines, banks, etc.); State Govt for all others.A railway worker → Central Govt sets wages; a shop worker → State Govt
WorkerAnyone doing manual/unskilled/skilled/operational/clerical work. Excludes police, armed forces, and supervisors earning above ₹15,000/month.A construction labourer, a peon, a technician
ContractorPerson who undertakes to produce a result through contract labour for an establishment.A manpower agency supplying 50 security guards to a factory
EstablishmentAny place where industry, trade, business, manufacture or occupation is carried on. Includes Govt establishments.A textile mill, a hospital, a school, a government office
💰 What is "Wages" – Included vs. Excluded
✅ INCLUDED in Wages❌ NOT Included in Wages
Basic PayBonus (separate)
Dearness Allowance (DA)House Rent Allowance (HRA)
Retaining AllowanceGratuity
PF / Pension contributions
Overtime pay
Conveyance / Travelling allowance
Commission
Medical / Retrenchment benefits
⚠️ Important Rule: If extra allowances (HRA, bonus, etc.) together exceed 50% of all remuneration, the excess amount is treated as wages for calculation purposes.
§ 3 – No Gender Discrimination in Wages
  • An employer cannot pay men more than women (or vice versa) for the same or similar work.
  • An employer cannot reduce wages of existing workers to comply with this rule.
  • No discrimination in recruitment for same type of work either.
📝 Example: Priya and Raju both work as data entry operators. Their employer CANNOT pay Raju ₹18,000 and Priya ₹14,000 just because she is a woman. Both must get equal pay.
§ 4 – Resolving Disputes on "Similar Work"

If there is any doubt whether two jobs are the "same or similar nature", the appropriate Government will appoint an authority to decide this dispute.

📝 Example: If an employer argues that a male welder and a female welder do "different" jobs, an authority can be appointed to check and decide if they are the same.
💵 Chapter II – Minimum Wages (Sections 5–14)
§ 5 – Employer Must Pay Minimum Wages

No employer is allowed to pay wages less than the minimum rate fixed by the government. This is an absolute rule – no exceptions for the employer.

📝 Example: If the State Government fixes ₹400/day as minimum wage for construction workers, a builder CANNOT pay ₹300/day even if the worker agrees.
§ 6 – How Minimum Wages Are Fixed
  • Appropriate government fixes minimum wages for time work (by hour/day/month) or piece work (per unit produced).
  • For piece workers, a minimum time-rate is also fixed.
  • Government considers: skill level (unskilled/semi-skilled/skilled/highly-skilled), geographical area, and arduousness (hardship of work).
§ 7 – Components of Minimum Wages
OptionStructureExample
Option ABasic Wage + Cost of Living Allowance (linked to price index)₹300 basic + ₹100 DA (adjusted as prices rise)
Option BBasic Wage (with or without DA) + value of subsidised essential goods₹350 + ration shop benefit of ₹50
Option CAll-inclusive rate (Basic + DA + concessions all merged)₹420 flat, inclusive of everything
§ 8 – Procedure for Fixing / Revising Minimum Wages
  • Method 1 (Committee): Government appoints a committee with employer reps, worker reps, and independent persons (max 1/3 of total).
  • Method 2 (Publication): Government publishes proposals publicly, gives at least 2 months for objections/suggestions, then fixes wages.
  • Wages come into effect 3 months after notification unless stated otherwise.
  • Revision must happen at least once every 5 years.
📝 Example: In 2020, UP Government constituted a committee to revise minimum wages. The committee had 5 employer reps, 5 worker reps, 3 independent experts. After their recommendation, the Government notified new wages effective 3 months later.
§ 9 – Floor Wage (Set by Central Government)
🔑 Floor Wage = Minimum of Minimums. The Central Government sets a national floor wage based on minimum living standards. No State can fix minimum wages BELOW this floor. If a State already has higher wages, it cannot reduce them.
📝 Example: Central Govt fixes floor wage at ₹350/day. Maharashtra cannot fix its minimum wage at ₹300/day. But if Maharashtra has ₹500/day already fixed, it cannot reduce it to ₹350 to match the floor.
§ 10 – Wages for Working Less than Full Day

If an employee works for less than the required hours in a day, he is still entitled to full day's wages – UNLESS the reason for short hours is his own refusal to work (not employer's fault).

📝 Example: Factory shuts down early due to power failure → Workers get full day wages. Worker leaves early on his own → No full day wages.
§ 11 – Working in Two Different Job Categories

If a worker does two types of work (each having different minimum wages), he must be paid the respective minimum wage for each category for the hours worked in that category.

📝 Example: Suresh works 4 hours as unskilled labourer (min wage ₹300/day) and 4 hours as skilled technician (min wage ₹500/day). He gets proportionate wages for each = ₹150 + ₹250 = ₹400 for the day.
§ 12 – Minimum Time Rate for Piece Workers

Where a person is paid on piece-rate basis but no minimum piece rate has been fixed (only time rate is fixed), the employer must pay at least the minimum time rate.

§ 13 – Normal Working Day & Rest Day
RuleDetails
Normal Working HoursGovernment fixes number of hours constituting a normal working day (including rest intervals)
Weekly Rest DayAt least one rest day in every 7 days must be provided with pay
Work on Rest DayMust be compensated at overtime rates (not less)
ExceptionsEmergency work, preparatory/complementary work, intermittent work, work dependent on natural forces
§ 14 – Overtime Wages
Overtime = At least DOUBLE the normal rate of wages for every hour or part of an hour worked beyond normal working hours.
📝 Example: Normal wage = ₹100/hour. If Ramesh works 2 hours overtime → he gets 2 × ₹100 × 2 = ₹400 extra (overtime is double the rate).
💳 Chapter III – Payment of Wages (Sections 15–25)
§ 15 – Mode of Payment of Wages
  • Wages can be paid by: Cash (coins/currency), Cheque, Bank transfer, or Electronic/Digital mode.
  • Government can mandate that certain establishments pay wages ONLY by cheque or digital mode.
§ 16 – Wage Period (How Often Wages Are Paid)
Wage PeriodMaximum Allowed
Daily✅ Allowed
Weekly✅ Allowed
Fortnightly (every 2 weeks)✅ Allowed
Monthly✅ Allowed (Maximum period)
More than 1 month❌ Not Allowed
§ 17 – Time Limit to Pay Wages (Deadlines)
Type of PaymentDeadline
Daily basis workersAt end of each shift (same day)
Weekly basis workersLast working day of the week (before weekly holiday)
Fortnightly basis workersBefore end of 2nd day after the fortnight ends
Monthly basis workersBefore 7th day of next month
Dismissed / Resigned / Retrenched workerWithin 2 working days of removal/resignation
📝 Example: If Geeta resigns on 15th March, her employer must settle all dues within 2 working days i.e., by 17th March (assuming no holidays).
§ 18 – Allowed Deductions from Wages

Wages cannot be deducted except for the following permitted reasons. Total deductions cannot exceed 50% of wages in any wage period.

#Permitted DeductionExample
1Fines (Section 19)Fine for damaging machinery
2Absence from dutyDeduction for 2 days absent
3Damage/Loss caused by employeeBroke company equipment
4House accommodation by employerDeduction for company quarters
5Amenities/Services providedDeduction for canteen/transport
6Recovery of advancesAdvance taken for travel
7Recovery of loans (house building etc.)Home loan from employer
8Income Tax, court ordersTDS, court-ordered recovery
9PF / ESI / health insuranceEPF deduction
10Co-operative society deductionsCo-op loan repayment
11Trade Union fees (with written consent)Union membership fee
12PM National Relief Fund (with consent)Donation authorised in writing
⚠️ Total deductions CANNOT exceed 50% of wages. Excess can be recovered in future wage periods in a prescribed manner.
§ 19 – Rules for Imposing Fines
  • Fine can only be imposed for acts/omissions pre-approved by the appropriate Government.
  • Notice must be displayed at the workplace specifying these acts.
  • Worker must be given a chance to show cause before fine is imposed.
  • Maximum fine: 3% of wages in a single wage period.
  • No fine on employees below 15 years of age.
  • Fine cannot be recovered in installments or after 90 days from date of imposition.
  • All fines must be recorded in a register and used for workers' benefit only.
📝 Example: Amit earns ₹10,000/month. The maximum fine that can be imposed on him in one month = 3% of ₹10,000 = ₹300. The employer cannot fine him ₹1,000.
§ 20 – Deductions for Absence

Deduction for absence must be in proportion to the time absent. If 10 or more workers go on a "stay-in strike" without notice, the deduction can include up to 8 days' wages as notice-pay equivalent.

§ 21 – Deductions for Damage or Loss
  • Deduction cannot exceed the actual loss/damage caused.
  • Employee must get opportunity to explain before deduction is made.
  • All deductions must be recorded in a register.
§ 22–24 – Other Deduction Rules
SectionTopicKey Rule
§ 22Deduction for services (house, canteen)Only if employee has accepted it as a term of employment; deduction ≤ value of service
§ 23Recovery of advance moneyAdvance given before employment = deducted from first wages; no recovery for travel advance
§ 24Recovery of loansTerms, interest rate – all as prescribed by government
§ 25 – Government Establishments Exempt

Chapter III does not automatically apply to Government establishments – the Government must specifically notify for it to apply to them.

🎁 Chapter IV – Payment of Bonus (Sections 26–41)
§ 26 – Who Gets Bonus & How Much?
📌 Eligibility: Employee must have worked for at least 30 days in an accounting year. Wage ceiling for eligibility is notified by the Government.
TypeRateCondition
Minimum Bonus8.33% of wages OR ₹100, whichever is higherPayable even if no profit
Maximum Bonus20% of wagesWhen surplus is high
Proportionate BonusBetween 8.33% and 20%Based on allocable surplus
📊 Bonus Calculation Chain
  • Gross Profit = Total income of establishment
  • Available Surplus = Gross Profit minus deductions (depreciation, tax, etc.)
  • Allocable Surplus = 67% of Available Surplus (60% for banking companies)
  • Bonus Payable = Based on allocable surplus, between 8.33% and 20% of wages
📝 Example:
Priya earns ₹10,000/month = ₹1,20,000/year.
Minimum bonus = 8.33% of ₹1,20,000 = ₹9,996
If company has high surplus → may get up to 20% of ₹1,20,000 = ₹24,000
§ 27 – Proportionate Reduction in Bonus

If an employee has NOT worked all working days in the year, the minimum bonus (if higher than his proportionate share) shall be reduced proportionately.

📝 Example: If total working days = 300 and Rahul worked only 200 days → His minimum bonus is proportionally reduced by (100/300).
§ 28 – Days Counted as "Worked" (Even Though Not Physically Present)
  • Days on which the worker was laid off (with valid reason under law)
  • Days on paid leave
  • Days absent due to accident or injury at workplace
  • Days on maternity leave with wages
§ 29 – Disqualification for Bonus
❌ An employee is NOT entitled to bonus if dismissed for:
  • Fraud
  • Riotous or violent behaviour at workplace
  • Theft, misappropriation or sabotage of property
  • Conviction for sexual harassment
§ 31 – Allocable Surplus & Banking Companies
Type of EstablishmentAllocable Surplus %
Banking Companies60% of available surplus
All other establishments67% of available surplus
§ 36 – Set On and Set Off
🔄 Set On: If surplus EXCEEDS max bonus payable → Extra (up to 20% of wages) is carried forward for up to 4 years to pay bonus in lean years.

🔄 Set Off: If surplus is NOT enough for minimum bonus → Shortfall is carried forward as a debt for up to 4 years.
📝 Example: Company makes huge profit in Year 1 → excess allocable surplus = ₹5 lakh carried forward. In Year 2, company makes loss → uses Year 1's ₹5 lakh to pay minimum bonus.
§ 37 – Puja/Interim Bonus Adjustment

If an employer has already paid a customary bonus (like Diwali bonus / puja bonus), or a part-payment of bonus before the due date, that amount will be DEDUCTED from the final annual bonus payable. Employee only gets the balance.

§ 38 – Bonus Deduction for Misconduct

If an employee causes financial loss to the employer due to misconduct, the employer can deduct that loss from the bonus payable for that accounting year only.

§ 39 – Time Limit for Bonus Payment
SituationDeadline
Normal paymentWithin 8 months from close of accounting year (into bank account)
With Government extensionUp to 2 years total maximum
Disputed bonus (court/arbitration)Within 1 month of award becoming enforceable
Dispute at higher ratePay 8.33% within 8 months regardless; balance after dispute resolved
§ 41 – Who is NOT Covered by Bonus Chapter?
  • LIC employees
  • Seamen (merchant navy)
  • Dock workers
  • Government department employees
  • Red Cross / hospitals / universities / social welfare institutions (non-profit)
  • Reserve Bank of India employees
  • Certain public sector financial institutions
  • Inland water transport on routes through other countries
✅ Bonus Chapter applies only to establishments with 20 or more employees on any day during the accounting year.
🏛️ Chapter V – Advisory Board (Section 42)
§ 42 – Central Advisory Board & State Advisory Boards
🔵 Central Advisory Board (CAB)
  • Constituted by the Central Government.
  • Members: Employer representatives + Equal number of Employee representatives + Independent persons (max 1/3 of total) + 5 State Government representatives.
  • 1/3 of all members must be women.
  • An independent member is appointed as Chairperson by Central Govt.
🟢 State Advisory Board (SAB)
  • Constituted by each State Government.
  • Same composition as CAB: Employers + Workers + Independent members (max 1/3) with 1/3 women.
  • Can form sub-committees for specific issues.
  • State Govt appoints Chairperson from independent members.
What Do These Boards Advise On?
Advisory TopicCAB Advises Central GovtSAB Advises State Govt
Minimum Wages
Revision of wages
Women employment opportunities
Extent women may be employed in certain establishments
Any other wage-related matter
📝 Example: Central Govt wants to know if floor wage should be raised. It consults CAB. CAB studies cost of living, employment rates, employer capacity, and gives its advice. Central Govt may then issue directions to State Governments.
📌 These boards are purely advisory – their advice is not legally binding on the Government, but must be sought before important decisions like fixing minimum wages.
📂 Chapter VI – Claims, Audit & Dispute Resolution (Sections 43–50)
§ 43 – Employer Must Pay All Dues

Every employer MUST pay all dues under the Code. If the employer fails, the proprietor/company/firm itself becomes responsible for payment.

§ 44 – Payment After Death of Employee
  • If employee dies before wages are paid → amount goes to the nominated person.
  • If no nomination → deposited with a prescribed authority who distributes it.
  • Once paid to nominee or deposited, employer's liability ends.
📝 Example: Suresh (worker) dies in an accident before his March salary was paid. His wife, who was nominated, will receive ₹18,000 from the employer.
§ 45 – Filing Claims – The Legal Process
AspectDetails
Who appoints authority?Appropriate Government (rank: Gazetted Officer or above)
Who can file claim?Employee, Trade Union (of which employee is member), or Inspector-cum-Facilitator
Time limit to fileWithin 3 years from date of claim arising (extendable on sufficient cause)
Compensation powerUp to 10 times the claim amount as compensation
Time to decideAuthority should try to decide within 3 months
If unpaid after order?Recovery as arrears of land revenue via Collector/DM
🕐 3 Year Limitation: This is much longer than the old law (6 months–2 years) – gives workers more time to claim their dues.
📝 Example: Kavita's employer refused to pay bonus for 2022. She can file a claim before the authority anytime within 3 years of 2022 i.e., up to 2025. If claim of ₹10,000 is proved → authority can order employer to pay up to ₹1,00,000 as compensation + original ₹10,000.
§ 46 – Bonus Disputes = Industrial Disputes

Disputes about bonus eligibility or application of bonus to public sector establishments are treated as "industrial disputes" under the Industrial Disputes Act, 1947 – meaning the full machinery for settlement of industrial disputes becomes available.

§ 47 & 48 – Audited Accounts Assumed Accurate

Accounts of corporations/companies audited by Comptroller & Auditor General or qualified auditors are presumed to be accurate in proceedings. Employers not being companies may be directed to get their accounts audited if needed.

§ 49 – Appeal Process
StepDetail
Who can appeal?Any person aggrieved by authority's order
Time to appealWithin 90 days (extendable for sufficient cause)
Appellate authority rankAt least one rank HIGHER than original authority
Disposal timeShould be within 3 months
Recovery of duesVia certificate of recovery (same as land revenue)
§ 50 – Records, Returns & Wage Slips
  • Every employer must maintain a Register with details of workers, muster roll, wages.
  • Must display a Notice Board showing: wage rates, wage period, payment dates, Inspector's name and address.
  • Must issue Wage Slips to every employee.
  • Exception: Employer with ≤ 5 persons for agriculture/domestic purpose is exempt but must show proof of payment when asked.
🔍 Chapter VII – Inspector-cum-Facilitator (Section 51)
§ 51 – Who is Inspector-cum-Facilitator?
💡 Key Change from Old Law: The earlier "Inspector" (who was mainly a punishing authority) is now called "Inspector-cum-Facilitator" – meaning he must ALSO help employers and workers comply with the law, not just catch and punish violations.
Appointment
  • Appointed by appropriate Government via notification.
  • Assigned jurisdiction – either geographical area or specific establishments.
  • Deemed to be a Public Servant under Indian Penal Code (Section 21 IPC).
Powers of Inspector-cum-Facilitator
PowerDetails
AdviseAdvise employers and workers on how to comply with the Code
InspectInspect premises of establishments assigned to him
Examine personsExamine any person found in establishment premises whom he believes is a worker
Require informationAsk persons for names, addresses of workers
Search & SeizeSearch/seize registers, wage records, notices if offence suspected
Report defectsBring uncovered defects or abuses to appropriate Government's notice
Web-based inspectionGovernment can establish web-based inspection system
Randomised inspectionGovernment can confer power of randomised selection of establishments for inspection
📜 Any person required to produce documents or give information to the Inspector-cum-Facilitator is legally bound to do so under Section 175 and 176 of IPC. Refusal is an offence.
📝 Example: Inspector visits a garment factory. First, he advises the employer to issue wage slips (facilitator role). If the employer still doesn't comply after warning → Inspector can initiate prosecution (inspector role).
Inspection Scheme
  • Government can create a web-based inspection scheme to bring transparency.
  • Randomised selection of establishments prevents targeted harassment by inspectors.
  • This ensures accountability and reduces corruption in inspection process.
⚖️ Chapter VIII – Offences & Penalties (Sections 52–56)
§ 52 – How is a Case Filed (Cognizance of Offence)?
  • Court can take up a case only on a complaint filed by: (a) Appropriate Government / authorised officer, (b) An employee, (c) Registered Trade Union, or (d) Inspector-cum-Facilitator.
  • No court inferior to Metropolitan Magistrate or Judicial Magistrate of First Class can try offences under this Code.
§ 54 – Penalties (Graded System)
OffenceFirst Offence PenaltyRepeat Offence Penalty (within 5 years)
Paying less than due wages/bonusFine up to ₹50,000Imprisonment up to 3 months + Fine up to ₹1,00,000
Violating any other provisionFine up to ₹20,000Imprisonment up to 1 month + Fine up to ₹40,000
Not maintaining / improper recordsFine up to ₹10,000
🕊️ Employer gets a chance first! Before prosecution for record-keeping/general violations, the Inspector-cum-Facilitator must give a written direction with a time limit to comply. If employer complies → no prosecution. This "warning first" rule does NOT apply if the same violation is repeated within 5 years.
§ 53 – Senior Officers Can Impose Penalty Directly

For fines-only offences (not imprisonment), appropriate Government can appoint an officer (not below Under Secretary level) to hold inquiry and impose penalty – this reduces burden on lower courts.

§ 55 – Liability of Companies for Offences
  • If a company commits an offence → Every person in charge and responsible for the company is liable.
  • Defence: If that person proves the offence was committed without his knowledge and he exercised due diligence → he is not personally liable.
  • If offence committed with consent or connivance of Director/Manager/Secretary → that person is personally liable.
📝 Example: XYZ Pvt. Ltd. pays below minimum wages. The Managing Director and HR Head, who were responsible for payroll, are both prosecuted. If the MD proves he had no knowledge and had given specific instructions to pay correct wages, he may be acquitted. But the HR Head who knowingly signed the salary sheets cannot escape.
§ 56 – Composition of Offences (Settlement)
  • Offences NOT punishable with imprisonment can be compounded (settled) by paying 50% of maximum fine.
  • Application for compounding can be made before or after prosecution starts.
  • Repeat offenders (second offence within 5 years from first) CANNOT compound.
  • If compounded before prosecution → no prosecution at all.
  • If compounded after prosecution → court is informed → person discharged.
📝 Example: Employer violates record-keeping rule (maximum fine ₹10,000). He can compound the offence by paying ₹5,000 (50% of ₹10,000) to the Gazetted Officer and no court case will be filed.
📌 Chapter IX – Miscellaneous (Sections 57–69)
§ 57 – Bar of Civil Suits (No Court Suits)

No civil court (regular court) can entertain a case for recovery of minimum wages, deductions, discrimination in wages, or bonus if the matter:

  • Is already being decided by the authority under Section 45
  • Has already been decided by a direction under the Code
  • Could have been recovered through the Code's mechanism
💡 This means workers should use the special authority (appointed under § 45) and NOT go to civil courts for wage disputes. The Code provides its own enforcement machinery.
§ 58 – Protection of Good Faith Actions

No suit or prosecution can be filed against the appropriate Government or its officers for actions done in good faith under this Code.

§ 59 – Burden of Proof is on the EMPLOYER
⚖️ Very Important: If a worker files a claim saying wages/bonus were not paid or deductions were unauthorised, it is the EMPLOYER'S burden to prove that payment was made. The worker does NOT have to prove non-payment.
📝 Example: Sita claims she was not paid minimum wages for 6 months. The employer must produce wage registers, bank transfer records to PROVE he paid. Sita doesn't have to prove she was underpaid.
§ 60 – Contracting Out is Void (Cannot Waive Rights)

If any contract or agreement tries to make an employee give up his rights to wages or bonus under this Code, that contract is void and unenforceable.

📝 Example: If an employer makes a worker sign a paper saying "I will not claim bonus for 2 years", that paper is ILLEGAL and has no legal effect. The worker can still claim bonus.
§ 61 – Code Overrides Inconsistent Laws

If any other law, contract, award, or settlement contradicts this Code, the Code's provisions prevail.

§ 62 – Delegation of Powers

Appropriate Government can delegate its powers to subordinate officers or (if Central Govt) to State Governments or their officers.

§ 63 – Employer Can Shift Blame to Actual Offender
  • If employer is charged, he can name the actual person responsible and ask the court to try that person.
  • If proved: (a) employer exercised due diligence AND (b) actual offender did it without employer's knowledge → actual offender is convicted, employer is acquitted.
§ 64 – Protection of Employer's Assets with Government

Money deposited with Government (as security for a contract) is protected from court attachment – except for dues to workers employed on that contract.

§ 65 – Central Government Can Give Directions to State

Central Government can direct any State Government on carrying out the Code's provisions, and the State must follow those directions.

§ 66 – MGNREGA & Coal Mines Savings

Nothing in this Code affects the Mahatma Gandhi NREGA or Coal Mines Provident Fund Act – those schemes continue separately.

§ 67 – Rule-Making Powers
Who Makes RulesFor What MattersProcedure
Appropriate Government (Central or State)All general matters (deductions, fines, registers, appeals, wage slips, etc.)Subject to prior publication; State rules laid before State Legislature
Central Government onlyFloor wage, bonus calculation, set on/set off, enquiry procedureRules must be laid before both Houses of Parliament within 30 days
§ 68 – Removing Difficulties

If any difficulty arises in implementing the Code, Central Government can issue orders to resolve it by Official Gazette – but only within 3 years of Code's commencement. Such orders must be laid before Parliament.

§ 69 – Repeal & Savings
  • The following four old Acts are repealed (cancelled): Payment of Wages Act 1936, Minimum Wages Act 1948, Payment of Bonus Act 1965, Equal Remuneration Act 1976.
  • All actions taken, notifications issued, or appointments made under old Acts remain valid under this Code (continuity ensured).
📝 Example: If a committee was constituted under the old Minimum Wages Act in 2019, that committee continues to function under the new Code on Wages 2019 – it doesn't dissolve automatically.
🔁 Flowcharts – Code on Wages, 2019
Flowchart 1 – Minimum Wage Fixation Process
📋 Appropriate Government decides to FIX/REVISE Minimum Wages
Which Method?
Method A:
Appoint Committee
(Employers + Workers + Independent)
Committee holds inquiry & gives recommendation
Method B:
Publish proposals
in Official Gazette
(wait ≥ 2 months)
Receive & consider public representations
Govt consults Advisory Board (if using Method B)
Govt issues notification with Fixed/Revised Minimum Wage rates
Effective after 3 months from notification date (unless stated otherwise)
✅ EMPLOYERS MUST PAY this rate or above (Cannot pay less than Floor Wage)
Review / Revise again within 5 years → Repeat Process
Flowchart 2 – Wage Payment & Claim Process
👷 Employee Works & is Owed Wages / Bonus
Employer Pays on Time?
✅ YES → Employee Receives Payment
Matter Closed 🎉
❌ NO → Employer Defaults
Employee / Union / Inspector files Claim (within 3 years)
Authority (Gazetted Officer) hears claim → decides within 3 months
Employer complies?
✅ Paid → Case Closed
❌ Not paid → Recovery via Collector (as Land Revenue)
Aggrieved party can Appeal within 90 days → Appellate Authority
Flowchart 3 – Bonus Calculation Process
📅 Accounting Year Ends (31st March)
Calculate Gross Profits of Establishment
Deduct: Depreciation + Direct Tax + Other Prescribed Sums → Available Surplus
Allocable Surplus = 67% of Available Surplus (60% for banks)
Is Allocable Surplus ≥ Minimum Bonus (8.33%) amount?
❌ No Surplus → Pay minimum 8.33% anyway → Carry forward shortfall (Set Off)
✅ Has Surplus → Pay proportionate bonus (max 20%) → Carry forward excess (Set On)
Deduct: Puja Bonus already paid + Misconduct losses (if any)
Pay Final Bonus via Bank Transfer within 8 Months of year end
✅ BONUS PAYMENT COMPLETE
🧠 Mind Map – Code on Wages, 2019
CODE ON WAGES 2019 (Act 29) 9 Chapters | 69 Sections 💵 MINIMUM WAGES Ch.II §5-14 Fix • Floor Wage • Overtime Review every 5 years Floor Wage (§9) Overtime 2x (§14) 💰 WAGES & PAYMENT Ch.III §15-25 Mode • Period • Deductions Max deduction 50% Wage Slips §50 Fines max 3% §19 🎁 BONUS PAYMENT Ch.IV §26-41 Min 8.33% | Max 20% 30 days work needed Set On / Set Off | ≥20 workers Disqualification §29 ⚖️ PENALTIES Ch.VIII §52-56 Fine ₹50K / Jail 3 months Composition = 50% of fine Inspector-cum-Facilitator §51 🏛️ ADVISORY BOARD §42 CAB + SAB | 1/3 Women 🚫 NO DISCRIMINATION §3 Equal Pay | Gender Neutral 📂 CLAIMS §45 | 3 YEARS Compensation up to 10x 🗑️ REPEAL §69 4 Old Laws Merged LEGEND: Green = Wages | Orange = Payment | Red = Bonus | Violet = Penalties | Pink = Advisory | Blue = Rights/Claims This resource is for educational purposes only and does not constitute legal advice.
🗺️ Roadmap – The Code on Wages, 2019

This roadmap shows the journey of the law – from the need that created it, through its chapters, to how it is enforced and its impact on workers and employers.

🏁 STEP 1 – The Need: Old Laws Were Fragmented

Four separate acts (1936, 1948, 1965, 1976) → multiple definitions, multiple authorities, confusion for employers & workers. Second Labour Commission (2002) recommended consolidation.

📝 STEP 2 – Drafting the Code (2017–2019)

Code on Wages Bill 2017 was drafted. Referred to Parliamentary Standing Committee (43rd Report, 18 Dec 2018). Bill lapsed on dissolution of 16th Lok Sabha. Re-introduced as Code on Wages 2019.

🏛️ STEP 3 – Parliament Passes the Code (8th August 2019)

The Code on Wages 2019 (Act No. 29 of 2019) is passed. Repeals four old labour laws. Applies to entire India. Cover both organised and unorganised sectors.

⚙️ STEP 4 – Chapter I: Definitions & Anti-Discrimination (§1–4)

Defines who is an "employee", "employer", "wages", "worker". Prohibits gender wage discrimination (§3). Mechanism to decide disputes on "similar work" (§4).

💵 STEP 5 – Chapter II: Minimum Wages Framework (§5–14)

Central Govt sets Floor Wage. State Govt cannot go below floor. Wages fixed by committee or public notification. Revised every ≤ 5 years. Overtime = 2x wages. Workers get full day wages if employer causes short day.

💳 STEP 6 – Chapter III: Wage Payment Rules (§15–25)

Mode: Cash / Cheque / Bank / Digital. Wage period: max 1 month. Deadlines for payment (daily to monthly). Deductions capped at 50%. Fines max 3% per wage period. Govt establishments may be exempt.

🎁 STEP 7 – Chapter IV: Bonus System (§26–41)

Min 8.33% and max 20% annual bonus. Must work ≥ 30 days. Set-on/Set-off mechanism. Bonus paid within 8 months of year end via bank. 20+ employee establishments. Disqualification for fraud/violence/theft/sexual harassment.

🏛️ STEP 8 – Chapter V: Advisory Boards (§42)

Central Advisory Board (CAB) advises Central Govt. State Advisory Boards (SAB) advise State Govts. Composition: Employers + Equal Workers + Independent members (≤1/3). 1/3 of members must be women. Advise on wages, women employment opportunities.

📂 STEP 9 – Chapter VI: Enforcement & Claims (§43–50)

Employee / union / Inspector files claim within 3 years. Authority decides within 3 months. Compensation up to 10x claim. Recovery via Collector. Appeal within 90 days. Employer must maintain registers, issue wage slips, display notice boards.

🔍 STEP 10 – Chapter VII: Inspector-cum-Facilitator (§51)

Replaces old "Inspector". Now HELPS employers comply first, then prosecutes. Appointed by appropriate Govt. Is a public servant. Has powers to inspect, examine, search, seize records. Web-based & randomised inspection scheme promotes transparency.

⚖️ STEP 11 – Chapter VIII: Penalties & Offences (§52–56)

Graded penalties: ₹10K to ₹1 lakh + jail up to 3 months. Magistrate of First Class minimum jurisdiction. Employer gets written warning first (except repeat offenders). Companies + Directors both liable. Compounding at 50% of max fine allowed.

📌 STEP 12 – Chapter IX: Protecting Rights & Savings (§57–69)

Bar of civil suits – use Code's mechanism only. Burden of proof on employer. Contracting out of rights is void. Code overrides inconsistent laws. MGNREGA & Coal Mines PF unaffected. 4 old laws repealed (§69). Prior actions protected.

✅ STEP 13 – FULL COMMENCEMENT (21st November 2025)

All remaining sections of the Code fully notified and operative across India. Applicable to all workers in organised and unorganised sectors. India's labour law compliance framework modernised.

🌟 STEP 14 – IMPACT & OUTCOME

Workers get: Equal wages, timely payment, minimum guaranteed wages, annual bonus, 3-year limitation for claims, protection against arbitrary deductions. Employers get: Simplified compliance, digital payment options, facilitator (not just inspector), clear penalty structure. Economy: Greater transparency, reduced disputes, formalisation of labour.
⚠️ This resource is for educational purposes only and does not constitute legal advice. For specific legal matters, please consult a qualified legal professional.
© 2025 Code on Wages 2019 – Interactive Study Guide for LL.B. Students  |  Act No. 29 of 2019  |  All sections as amended up to 21st November 2025
Scroll to Top