1- do it is mandatory to increase the salary of employee every year as per indain lablour laws or it depends upon the employee and employer consent? 2- suppose i made workers to work at night ... so maximum working hours allowed at night as per indian labour laws? 3- if employee is made to work more than 8 hours per day .. in previous job ...and he left it...so upto how much tym passes he can appeal in court? And whats the punishment does the employer can get if he made the employee work more than 8 hours a day without extra pay..?
Increment depends on company policy and terms and condition of appointment letter. Govt. have increment rules but Government rules doesn't dictate over internal matters of a private firm, as Government desire minimum interference owing to private donations they get.
For night hour job, certain arrangements need to maintain and not increment.
3 years.
Punishment of imprisonment for a term which may extend to two years with a fine
1. No. There is no law which mandates increasing salary of workers every year. It only depends upon terms of appointment.
2. Maximum working hours for workers are 48 hours a week. If they work beyond 48 hrs, they are entitled to overtime. Delhi Shops And Establishment Act also limits the maximum hours for overtime. The same principal applies to workers working in night shifts.
3. There is no time limit provided in labour laws to claim any money due to a workman from employer. The workman can claim his overtime under the Industrial Disputes Act and there is no punishment for employer. He might be required to pay interest on amount due.
1. It depends on the consent between the employee and the employer but you have to keep in mind that you are paying them minimum wages prescribed by the government.
2. As per the Factories Act 1948, every adult (a person who has completed 18 years of age) cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours.
The Minimum Wages Act, 1948 also specifies about the working hours under the rules 20 to 25 that the number of work hours in a day should not exceed 9 hours for an adult.
3. Under Sec. 33 of the The Minimum Wages Act, 1948 it is mentioned that for overtime wages are to be paid at the rate of twice the ordinary rates of wages of the worker. It mentions that the employer can take actual work on any day upto 9 hours in a 12 hours shift. But he must pay double the rates for any hour or part of an hour of actual work in excess of nine hours or for more than 48 hours in any week.
Factories Act, 1948 also specifies the punishment in case an employer violates these provisions. Any employer found to be contravening these provisions would be liable for punishment of imprisonment up to 2 years and fine of up to Rs. 1 lakh or both.
There is no govt law regarding pay scales and increments.
As per Factories Act 1948, Per day - 8 Hrs work is allowed to adult employees. Beyond 8 hrs OT is applicable..
Night shifts generally refer to working hours between 7:00 p.m. to 6:00 a.m
1. The employer offer letter would contain this information that whether the management has agreed for increment once in very year.
However it is pertinent to sanction increment to the employees every year.
2. Night shifts generally refer to working hours between 7:00 p.m. to 6:00 a.m. In India, legislations like the Plantation Labour Act, 1951, Factories Act, 1948, State Shops and Establishments Act, etc. contained provisions restricting work during night for women.
In ITes and IT industry provision of women employees working after 8PM is allowed provided transportation till door step and other security measures for women employees are adhered.
3. In accordance with the Factories Act 1948, normal working hours are 9 hours per day and 48 hours per week. Working hours for young workers are 4.5 hours per day.
Adult workers may be required to work beyond the stipulated working hours, i.e., 9 hours a day and 48 hours a week. The compensation for overtime work is twice the regular rate of his ordinary pay (200% of the regular wage rate).
The periods of work must be fixed in such a way that no period should exceed five hours (exemption can be granted to extend this period to 6 hours). A worker must get a rest interval of at least half an hour (30 minutes) after at most five hours of work. The total spread over (of working hours) inclusive of rest breaks and overtime cannot exceed ten and a half hours in any day. This means that an overtime of 2 hours is allowed per day.
In line with the Wage Code, the central or state government may fix the number of working hours that constitute a normal working day. Where a worker works in excess of a normal working day, he is entitled to overtime wage, which must be at least 200% of the normal wage rate.
Is there gst on salary provided to employee ? And also on daily wages provided to hired labourer on daily basis? 2- if one made his employee work night shift 8 hrs ... would he be required to give him extra pay for night shift..? Is it mandatory?
There is no GST on salaries of regular or daily wages employees. ESI , PF contribution to be deducted from salaries if applicable.
Night shift allowance is payable only if the terms of contract / appointment so provide.
GST does not apply to services provided by an employee to his or her employer. Therefore wages and salaries paid to employees and superannuation contributions paid on behalf of employees are not subject to GST.
2) Although not required by law, employers usually pay a shift differential for employees working shifts other than the day shift, such as the night shift
It is not mandatory to increase salaries of employees every year
2) The Minimum Wages Act, 1948 also specifies about the working hours under the rules 20 to 25 that the number of work hours in a day should not exceed 9 hours for an adult.
3) he must pay double the rates for any hour or part of an hour of actual work in excess of nine hours
1. No gst on salary.
2. For extra working hours an extra salary has to be provided.
TDS if comes under tax slab. Daily wages workers - deduction/contribution of ESI mandatory. NO extra pay for night shift.
Salaries are not subject to Goods and Services Tax.
1. No it is not mandatory to give raise every year to your employee as there is not such rule regarding increment of salary.
2. Under Section 51 of the Factories Act, employees are not supposed to work for more than 48 hours in a week, and under section 59, for not more than nine hours a day. ... Also, the act does not allow anyone to work for more than ten hours in a day, inclusive of overtime under Section 36
3. Employer is liable to pay double salary per hour for over time above 8 hours per day. If he files suit then court can order you to pay the salary for overtime along with compensation for over time without pay.
You need to file case in labour court and prove the same the punishment consists of fine and imprisonment both depending on the nature of offense
