CS Executive · Setting Up of Business, Industrial and Labour Laws · The Code on Wages, 2019
Ravi Textiles Pvt Ltd, Surat, wants to recover from a worker's wages a sum of money that the worker paid to a supervisor as a 'gift' for being allocated a better shift. Under the Code on Wages, 2019, how is a payment made by an employee to the employer or his agent treated?
Any payment made by an employee to the employer or the employer's agent is deemed to be a deduction from wages under the Code on Wages, 2019. It is therefore lawful only if it falls within the purposes the Code authorises; otherwise it is unauthorised.
- AIt is deemed to be a deduction from his wagesCorrect
- BIt is treated as a voluntary contribution outside the Code
- CIt is treated as a bonus adjustment
- DIt is treated as a fine only if the worker complains
Explanation
The Explanation to section 18(1) says any payment made by an employee to the employer or his agent is deemed to be a deduction from wages. Such deductions are lawful only if authorised under the Code. The 'voluntary contribution' view is wrong because the Code deems the payment a deduction.
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