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

Ramesh works at a Pune warehouse where his minimum wage is fixed by the day. On Tuesday he was given work for only 3 hours because the employer had no more work for him, although he was ready to work the full day. Under the Code on Wages, 2019, what is he entitled to for that day?

Ramesh is entitled to wages as if he had worked a full normal working day. Section 10 gives this protection to day-rated employees who work fewer hours, unless the shortfall results from their own unwillingness. Here the employer failed to provide work, so full-day wages are payable.

  1. AWages for 3 hours only
  2. BWages as if he had worked a full normal working dayCorrect
  3. CHalf of the daily wage
  4. DWages at twice the normal rate for 3 hours

Explanation

Under Section 10, an employee whose minimum wage is fixed by the day and who works fewer hours than a normal working day is entitled to wages for a full normal working day. The exception applies only where the failure to work is due to the employee's unwillingness, not the employer's omission to provide work. Here the employer failed to provide work, so the exception does not apply.

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