Section 51: Appointment of Inspector-cum-Facilitators and their powers

Overview

Section 51 of the Code on Wages, 2019 deals with the appointment and powers of officials responsible for ensuring that employers follow the rules related to all types of wages – minimum wage, payment of wages, bonus, deductions, and other wage-related provisions under the Code. These officials, called Inspector-cum-Facilitators, are key to protecting workers’ rights and ensuring fair labour practices.

Scope and Coverage

• This section applies to all establishments and all employees covered under the Code on Wages, 2019. This includes workers in both the organized and unorganized sectors.
• There are no specific thresholds or exclusions regarding which establishments or employees are subject to inspection by Inspector-cum-Facilitators. The ‘appropriate Government’ (Central or State) decides which establishments to inspect.

Key Obligations and Rights

• Main duties of employers: Employers must allow Inspector-cum-Facilitators access to their establishments, records, and employees for inspection. They must also cooperate with the Inspector-cum-Facilitator and provide any information requested.
• Important rights or protections for employees: Employees have the right to a fair and safe workplace where their wage rights are protected. Inspector-cum-Facilitators are there to ensure these rights are upheld. Employees can also cooperate with inspections and provide information to the Inspector-cum-Facilitator if they believe their rights are being violated.

Compliance and Penalties

If an employer obstructs an Inspector-cum-Facilitator during an inspection, fails to provide requested information, or otherwise violates the provisions related to inspections, they can face penalties as prescribed under the Code. This could include fines and, in some cases, imprisonment. The Inspector-cum-Facilitator can also issue improvement notices requiring the employer to correct any violations found.

Practical Examples

• Example 1: A garment factory worker complains that they are not being paid the minimum wage. An Inspector-cum-Facilitator visits the factory, inspects the wage registers, and interviews employees. If the complaint is found to be valid, the employer will be required to pay the outstanding wages and may face a penalty.
• Example 2: A small shop owner refuses to allow an Inspector-cum-Facilitator to enter their premises to check wage records. This is a violation of the Code. The Inspector-cum-Facilitator can obtain a warrant to enter the premises and the shop owner could face a fine for obstructing the inspection.