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CMA Intermediate · Business Laws and Ethics · The Code on Wages, 2019

Rohan Foods Pvt Ltd was convicted for paying an employee less than the amount due. Three years later it is again found guilty of a similar offence of underpayment. Which punishment can the court impose for this second offence under the Code on Wages, 2019?

A repeat underpayment offence within five years is punishable with imprisonment up to three months or fine up to Rs 1 lakh, or both. The first-offence fine of Rs 50,000 and the one-month or Rs 40,000 penalty for other contraventions do not apply here.

  1. AFine up to Rs 50,000 only
  2. BImprisonment up to three months or fine up to Rs 1 lakh, or bothCorrect
  3. CImprisonment up to one month or fine up to Rs 40,000, or both
  4. DFine up to Rs 20,000 only

Explanation

Under section 54(1)(b), a repeat underpayment offence within five years is punishable with imprisonment up to three months or fine up to Rs 1 lakh, or both. Rs 50,000 fine is the first-offence penalty for underpayment. The one-month/Rs 40,000 option is the repeat penalty for contravention of other provisions under clause (d).

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