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CS Executive · Setting Up of Business, Industrial and Labour Laws · The Code on Wages, 2019

Deepak claims before the authority that Orion Pharma Ltd. made deductions from his wages that the Code on Wages, 2019 does not authorise. Who bears the burden of proving that the dues were paid or the deductions were authorised?

The employer bears the burden of proof. Where a claim is filed for non-payment or short payment of wages or bonus, or for deductions not authorised by the Code, the employer must prove that the dues were paid, not the employee.

  1. AThe employee, as the claimant
  2. BThe employerCorrect
  3. CThe trade union of the employee
  4. DThe appropriate Government

Explanation

Section 59 places the burden on the employer to prove that dues have been paid where a claim is filed for non-payment or less payment of wages or bonus, or for unauthorised deductions. The claimant employee does not carry this burden.

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