Section 11: Wages for two or more classes of work

Overview

This section of the Code on Wages, 2019, deals with how wages are calculated when an employee is asked to perform more than one type of work during their shift. It clarifies which minimum wage rate applies when different jobs have different minimum wage requirements.

Scope and Coverage

• Employees Covered: This applies to all employees covered under the Code on Wages, 2019, regardless of their skill level or type of employment (skilled, unskilled, etc.).
• Establishments Covered: It applies to all establishments covered by the Code, meaning most workplaces in India.
• Thresholds/Exclusions: There are no specific thresholds or exclusions mentioned in Section 11 itself. Coverage depends on the overall applicability of the Code on Wages to the establishment and employee.

Key Obligations and Rights

• Employer Duty: Employers must determine the minimum wage applicable to each class of work the employee performs.
• Employer Duty: Employers must pay the employee the higher of the minimum wages applicable to the different classes of work performed during the shift.
• Employee Right: Employees are entitled to be paid the highest minimum wage rate applicable to any of the work they perform during their working hours.
• Employee Right: Employers must clearly define the different classes of work and their corresponding minimum wage rates.

Compliance and Penalties

If an employer violates Section 11 by paying a lower wage than the highest applicable minimum wage, they can face penalties. This includes potential fines, prosecution, and orders to pay the wage difference to the employee. Labour inspectors can conduct inspections to ensure compliance with the Code on Wages, and employees can also file complaints.

Practical Examples

• Example 1: Factory Worker A factory worker is sometimes asked to operate a machine (minimum wage ₹200/hour) and sometimes to assist with packaging (minimum wage ₹180/hour). The employer must pay the worker ₹200/hour for the entire shift, as it’s the higher rate.
• Example 2: Security Guard & Receptionist A security guard also covers the reception desk for one hour during a break. The minimum wage for security guards is ₹220/hour, and for receptionists, it’s ₹200/hour. The employer must pay the guard ₹220/hour for the entire shift, including the hour spent at reception.