A Comparative Analysis Of The Code On Wages, 2019: Towards A Unified Labour Framework

The 2019 Code on Wages marks a substantial shift in the field of labor law in India. The law seeks to provide equitable treatment for all workers and expedite compliance by combining four important wage-related acts into a single code. With a focus on three key areas—Minimum Wage, Timely Payment, and Equal Remuneration—this blog compares the new Code with the previous legislation.

Minimum Wage: Fair Compensation and Universalization

Prior Framework: The Minimum Wages Act of 1948, which only applied to scheduled employment, previously controlled the majority of minimum wage legislation. Sector-specific wage rates are set by each state, which frequently results in fragmentation and irregularities. In accordance with the 2019 Wages Code:
  • Universal Coverage: All workers are covered by the Code, irrespective of their industry or pay cap.
  • Floor Wage Concept: No state may set minimum wages below the national floor wage, which is decided by the federal government.
  • Scientific Criteria: Wages are now determined by factors like skill levels and geographic areas.
Impact: A more transparent and inclusive system that ensures all workers have a minimal level of living.
 

Timely Wage Payments: Encouraging Regularity

Prior Framework: The Payment of Wages Act of 1936 controlled when wages were paid. However, many were not covered by its protections because it only applied to workers whose salaries fell below a specific threshold. In accordance with the 2019 Wages Code:
  • Broadened Scope: The Code eliminates wage caps and applies to all employees.
  • Clearly defined deadlines:
    • Daily: At the end of each shift
    • Weekly: On the last working day of the week
    • Monthly: By the seventh day of the subsequent month
  • Electronic Payments Permitted: Mirroring current financial practices.
Impact: By ensuring on-time payments, it increases workers' financial security and stability.

 

Equal Pay: Improving Fairness

Prior Framework: Gender-based wage discrimination was outlawed by the Equal Remuneration Act of 1976. However, its efficacy was limited by unclear definitions and enforcement issues. According to the 2019 Code on Wages:
  • Non-Discrimination Principle: Supports the idea that all workers, regardless of gender, should receive equal pay for doing equal labor.
  • Expanded Protections: Addresses wage setting as well as hiring procedures.
  • Simpler Compliance: Consolidating into a single code improves lucidity and streamlines implementation.
Impact: Addresses systematic wage discrepancies and promotes gender fairness in the workplace.
Conclusion
With the creation of a simplified, universal, and transparent wage structure, the Code on Wages, 2019 marks a significant step forward in the modernization of India's labor laws. Its emphasis on nondiscrimination, timely payment, and inclusivity shows how the needs of a changing workforce are evolving. However, awareness, adequate grievance resolution procedures, and employer adherence are necessary for effective implementation.

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