Tuesday 25 April 2017

Employees to which provisions of section 13(1) of Minimum Wages Act shall not apply

Section 13: Fixing hours for a normal working day, etc.

(1) In regard to any scheduled employment minimum rates of wages in respect of which have been fixed under this Act, the appropriate Government may-
(a) fix the number of hours of work which shall constitute a normal working day, inclusive of one or more specified intervals;
(b) provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such day of rest ;
(c) provide for payment for work on a day of rest at a rate not less than the overtime rate.

(2) The provisions of sub-section (1) shall, in relation to the following classes of employees, apply only to such extent and subject to such conditions as may be prescribed:-
(a) employees engaged on urgent work, or in any emergency which could not have been foreseen or prevented;
(b) employees engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned;
(c) employees whose employment is essentially intermittent;
(d) employees engaged in any work which for technical reasons has to be completed before the duty is over;
(e) employees engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces.
(3) For the purposes of clause (c) of sub-section (2), employment of an employee is essentially intermittent when it is declared to be so by the appropriate Government on the ground that the daily hours of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty, normally include periods of inaction during which the employee may be on duty but is not called upon to display physical activity or sustained attention.

Class of EmployeesThe extent to which
The provisions of Section
13(1) shall not apply
Conditions
(1)
(2)
(3)
(a)  Employee engaged on urgent work or in any emergency which could not have been forseen or prevented.Section 13(1)(a) and (b).(1)   The employees shall be granted wages for over time work in accordance with rule 26.
(2)   The employees shall be granted a holiday in lieu of any weekly holiday on which such employees work as soon as after such urgent work or emergency is over.
(b)  Employees engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside limits laid down for the general working in the employment concerned.Section 13(1)(b)The employee shall be granted wages for overtime work in accordance with rule 26.
(c)  Employee whose employment is essential intermittent.Section 13(1)(a)Normal working day shall not exceed the hour prescribed in rule 24(1).
(d)  Employees engaged in any work which for technical reasons has to be completed before the duty is over.Section 13(1)(a)(1)   The employees shall be granted wages for over time work in accordance with rule 26.
(2)   The employees shall be granted a holiday in lieu of any weekly holiday on which such employees work as soon after such work is over.
(e)   Employees engaged in a work which could not be carried on except at times dependent on the irregular auction or natural forces.Section 13(1)(a)(1)   The employees shall be granted a holiday in lieu of any weekly holiday on which such employees work as soon after as such work is over.

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