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

Meena Exports Pvt Ltd contravened a provision of the Code on Wages, 2019 other than underpayment, with no repeat violation. Before prosecution, what must the Inspector-cum-Facilitator do?

The Inspector-cum-Facilitator must first give the employer a written direction fixing a time period for compliance. If the employer complies within that period, prosecution is not initiated. This opportunity is not given if a similar violation is repeated within five years.

  1. AFile a complaint immediately before a Judicial Magistrate
  2. BGive a written direction with a time period for compliance, and not prosecute if the employer compliesCorrect
  3. CImpose imprisonment of one month
  4. DRefer the matter to the Collector for recovery as land revenue arrears

Explanation

Section 54(3) requires the Inspector-cum-Facilitator to give the employer a written direction with a time limit before starting prosecution for such offences. If the employer complies, no prosecution is initiated. Immediate prosecution is wrong because this opportunity is mandatory for a first violation.

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