Regular Pay in India Explained

Wage means all compensation capable of being expressed in terms of money, which would be payable to an employee in exchange of his employment or of work done in such employment.

Nevertheless, the same does not include the value of any house-accommodation, water and electricity, medical expenses, or any other prescribed amenities or service, pension or provident fund or social insurance system, contributions paid by the employer, traveling or clothing allowance or concessions, reimbursement for special expenses or gratuity.

Under the Minimum Wage Act, the employer shall pay wages on regular and timely basis at least one a month. The period of wage may be fixed on hourly, daily, weekly and monthly basis. The employer is obliged to pay the employees’ wage in cash on the working day before the expiry of the 7th day following the last day of the wage period particularly in establishments having less than 1000 employees.

Meanwhile, those establishments having more than 1,000 employees must pay wages before expiry of 10th day following the last day of the wage period.

In an instance wherein the employee’s employment was terminated by or on behalf of the employer, the outstanding wages shall be paid within two days following the employment termination. Wage periods can’t be fixed for longer than one month duration.

Generally, minimum wages are paid in cash. However, when it becomes a routine to pay wages either wholly or partly in kind, the Government may authorize such payment.

Under the Payment Act of 1936, all wages are required to be paid in either current coin or currency notes, or both.

After receiving the written authorization by the employee, an employer may then pay the employee either by check or by crediting the wages in bank account. In 2017, an amendment in the 1936 Act has been made allowing the employer to pay wages in either coins or currency bank notes, or both, or check, or by crediting the wages in employee’s bank account.

The amended measure has withdrawn the requirement of taking previous authorization from employee about mode of wage payment. The relevant government may nevertheless specify industrial or other business establishments requiring them to pay either by check or bank transfer.

Moreover, as mandated under the Payment of Wages Act of 1936, all employees are entitled to the wages without any kind of deduction, but in some circumstances, there is an exception. Such deductions may include fine for damages or loss of goods or money, for house accommodation, for absences, for recovery of cash advances or loans, for income tax and other kinds that can be made by order of a Court or other proper authority capable to release such order.