⚖️ The Code on Wages, 2019
Act No. 29 of 2019 | Complete Interactive Study Guide for LL.B. Students
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.
| # | Old Act Replaced | Year | Subject |
|---|---|---|---|
| 1 | Payment of Wages Act | 1936 | Timely wage payment, deductions |
| 2 | Minimum Wages Act | 1948 | Fixing minimum wages |
| 3 | Payment of Bonus Act | 1965 | Annual bonus to workers |
| 4 | Equal Remuneration Act | 1976 | Equal pay regardless of gender |
| Chapter | Title | Key Sections | Main Topic |
|---|---|---|---|
| I | Preliminary | 1–4 | Definitions, anti-discrimination |
| II | Minimum Wages | 5–14 | Fixing, revising, paying minimum wages |
| III | Payment of Wages | 15–25 | Mode, time, deductions from wages |
| IV | Payment of Bonus | 26–41 | Eligibility, calculation, payment of bonus |
| V | Advisory Board | 42 | Central & State Advisory Boards |
| VI | Claims & Audit | 43–50 | Recovery of dues, appeals, records |
| VII | Inspector-cum-Facilitator | 51 | Inspection powers |
| VIII | Offences & Penalties | 52–56 | Court cognizance, punishments |
| IX | Miscellaneous | 57–69 | Bar of suits, repeal & savings |
- 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.
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.
- 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).
| Term | Plain English Meaning | Example |
|---|---|---|
| Employee | Any person employed on wages to do skilled/unskilled/managerial/technical work. Excludes Armed Forces members & apprentices. | A factory worker, an office clerk, a supervisor |
| Employer | Person who employs workers, directly or through contractors. Includes contractors and legal representatives of deceased employers. | Factory owner, company director, contractor |
| Wages | All 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 Wage | Lowest wage fixed by appropriate government under Section 6. | Central Govt fixes ₹176/day as minimum wage for unskilled workers |
| Appropriate Government | Central 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 |
| Worker | Anyone 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 |
| Contractor | Person who undertakes to produce a result through contract labour for an establishment. | A manpower agency supplying 50 security guards to a factory |
| Establishment | Any place where industry, trade, business, manufacture or occupation is carried on. Includes Govt establishments. | A textile mill, a hospital, a school, a government office |
| ✅ INCLUDED in Wages | ❌ NOT Included in Wages |
|---|---|
| Basic Pay | Bonus (separate) |
| Dearness Allowance (DA) | House Rent Allowance (HRA) |
| Retaining Allowance | Gratuity |
| PF / Pension contributions | |
| Overtime pay | |
| Conveyance / Travelling allowance | |
| Commission | |
| Medical / Retrenchment benefits |
- 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.
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.
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.
- 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).
| Option | Structure | Example |
|---|---|---|
| Option A | Basic Wage + Cost of Living Allowance (linked to price index) | ₹300 basic + ₹100 DA (adjusted as prices rise) |
| Option B | Basic Wage (with or without DA) + value of subsidised essential goods | ₹350 + ration shop benefit of ₹50 |
| Option C | All-inclusive rate (Basic + DA + concessions all merged) | ₹420 flat, inclusive of everything |
- 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.
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).
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.
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.
| Rule | Details |
|---|---|
| Normal Working Hours | Government fixes number of hours constituting a normal working day (including rest intervals) |
| Weekly Rest Day | At least one rest day in every 7 days must be provided with pay |
| Work on Rest Day | Must be compensated at overtime rates (not less) |
| Exceptions | Emergency work, preparatory/complementary work, intermittent work, work dependent on natural forces |
- 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.
| Wage Period | Maximum Allowed |
|---|---|
| Daily | ✅ Allowed |
| Weekly | ✅ Allowed |
| Fortnightly (every 2 weeks) | ✅ Allowed |
| Monthly | ✅ Allowed (Maximum period) |
| More than 1 month | ❌ Not Allowed |
| Type of Payment | Deadline |
|---|---|
| Daily basis workers | At end of each shift (same day) |
| Weekly basis workers | Last working day of the week (before weekly holiday) |
| Fortnightly basis workers | Before end of 2nd day after the fortnight ends |
| Monthly basis workers | Before 7th day of next month |
| Dismissed / Resigned / Retrenched worker | Within 2 working days of removal/resignation |
Wages cannot be deducted except for the following permitted reasons. Total deductions cannot exceed 50% of wages in any wage period.
| # | Permitted Deduction | Example |
|---|---|---|
| 1 | Fines (Section 19) | Fine for damaging machinery |
| 2 | Absence from duty | Deduction for 2 days absent |
| 3 | Damage/Loss caused by employee | Broke company equipment |
| 4 | House accommodation by employer | Deduction for company quarters |
| 5 | Amenities/Services provided | Deduction for canteen/transport |
| 6 | Recovery of advances | Advance taken for travel |
| 7 | Recovery of loans (house building etc.) | Home loan from employer |
| 8 | Income Tax, court orders | TDS, court-ordered recovery |
| 9 | PF / ESI / health insurance | EPF deduction |
| 10 | Co-operative society deductions | Co-op loan repayment |
| 11 | Trade Union fees (with written consent) | Union membership fee |
| 12 | PM National Relief Fund (with consent) | Donation authorised in writing |
- 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.
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.
- 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.
| Section | Topic | Key Rule |
|---|---|---|
| § 22 | Deduction for services (house, canteen) | Only if employee has accepted it as a term of employment; deduction ≤ value of service |
| § 23 | Recovery of advance money | Advance given before employment = deducted from first wages; no recovery for travel advance |
| § 24 | Recovery of loans | Terms, interest rate – all as prescribed by government |
Chapter III does not automatically apply to Government establishments – the Government must specifically notify for it to apply to them.
| Type | Rate | Condition |
|---|---|---|
| Minimum Bonus | 8.33% of wages OR ₹100, whichever is higher | Payable even if no profit |
| Maximum Bonus | 20% of wages | When surplus is high |
| Proportionate Bonus | Between 8.33% and 20% | Based on allocable surplus |
- 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
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
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.
- 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
- Fraud
- Riotous or violent behaviour at workplace
- Theft, misappropriation or sabotage of property
- Conviction for sexual harassment
| Type of Establishment | Allocable Surplus % |
|---|---|
| Banking Companies | 60% of available surplus |
| All other establishments | 67% of available surplus |
🔄 Set Off: If surplus is NOT enough for minimum bonus → Shortfall is carried forward as a debt for up to 4 years.
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.
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.
| Situation | Deadline |
|---|---|
| Normal payment | Within 8 months from close of accounting year (into bank account) |
| With Government extension | Up to 2 years total maximum |
| Disputed bonus (court/arbitration) | Within 1 month of award becoming enforceable |
| Dispute at higher rate | Pay 8.33% within 8 months regardless; balance after dispute resolved |
- 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
- 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.
- 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.
| Advisory Topic | CAB Advises Central Govt | SAB Advises State Govt |
|---|---|---|
| Minimum Wages | ✅ | ✅ |
| Revision of wages | ✅ | ✅ |
| Women employment opportunities | ✅ | ✅ |
| Extent women may be employed in certain establishments | ✅ | ✅ |
| Any other wage-related matter | ✅ | ✅ |
Every employer MUST pay all dues under the Code. If the employer fails, the proprietor/company/firm itself becomes responsible for payment.
- 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.
| Aspect | Details |
|---|---|
| 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 file | Within 3 years from date of claim arising (extendable on sufficient cause) |
| Compensation power | Up to 10 times the claim amount as compensation |
| Time to decide | Authority should try to decide within 3 months |
| If unpaid after order? | Recovery as arrears of land revenue via Collector/DM |
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.
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.
| Step | Detail |
|---|---|
| Who can appeal? | Any person aggrieved by authority's order |
| Time to appeal | Within 90 days (extendable for sufficient cause) |
| Appellate authority rank | At least one rank HIGHER than original authority |
| Disposal time | Should be within 3 months |
| Recovery of dues | Via certificate of recovery (same as land revenue) |
- 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.
- 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).
| Power | Details |
|---|---|
| Advise | Advise employers and workers on how to comply with the Code |
| Inspect | Inspect premises of establishments assigned to him |
| Examine persons | Examine any person found in establishment premises whom he believes is a worker |
| Require information | Ask persons for names, addresses of workers |
| Search & Seize | Search/seize registers, wage records, notices if offence suspected |
| Report defects | Bring uncovered defects or abuses to appropriate Government's notice |
| Web-based inspection | Government can establish web-based inspection system |
| Randomised inspection | Government can confer power of randomised selection of establishments for inspection |
- 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.
- 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.
| Offence | First Offence Penalty | Repeat Offence Penalty (within 5 years) |
|---|---|---|
| Paying less than due wages/bonus | Fine up to ₹50,000 | Imprisonment up to 3 months + Fine up to ₹1,00,000 |
| Violating any other provision | Fine up to ₹20,000 | Imprisonment up to 1 month + Fine up to ₹40,000 |
| Not maintaining / improper records | Fine up to ₹10,000 | – |
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.
- 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.
- 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.
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
No suit or prosecution can be filed against the appropriate Government or its officers for actions done in good faith under this Code.
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.
If any other law, contract, award, or settlement contradicts this Code, the Code's provisions prevail.
Appropriate Government can delegate its powers to subordinate officers or (if Central Govt) to State Governments or their officers.
- 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.
Money deposited with Government (as security for a contract) is protected from court attachment – except for dues to workers employed on that contract.
Central Government can direct any State Government on carrying out the Code's provisions, and the State must follow those directions.
Nothing in this Code affects the Mahatma Gandhi NREGA or Coal Mines Provident Fund Act – those schemes continue separately.
| Who Makes Rules | For What Matters | Procedure |
|---|---|---|
| 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 only | Floor wage, bonus calculation, set on/set off, enquiry procedure | Rules must be laid before both Houses of Parliament within 30 days |
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.
- 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).
Appoint Committee
(Employers + Workers + Independent)
Publish proposals
in Official Gazette
(wait ≥ 2 months)
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.
