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

Meena, a day-rated employee at a Surat textile unit, is given work for the full day but leaves after 4 hours because she does not want to work further, though work was available. What is the position regarding her wages for that day under the Code on Wages, 2019?

Meena is not entitled to wages for a full normal working day. Section 10 denies full-day wages where the shortfall in work is caused by the employee's own unwillingness rather than the employer's omission to provide work. She had work available and left by choice.

  1. AShe must still be paid for a full normal working day
  2. BShe must be paid at the overtime rate for 4 hours
  3. CShe is not entitled to wages for a full normal working day because her failure to work was due to her unwillingnessCorrect
  4. DShe must be paid only if the employer consents in writing

Explanation

Section 10 proviso (i) removes the full-day entitlement where the failure to work is caused by the employee's unwillingness and not by the employer's omission to provide work. Meena was offered work and chose to leave. The option that demands full-day pay ignores this proviso.

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