Forms Registers and Wage Slip – Chapter VIII of Draft Code on Wages (Central) Rules 2020 : Notification
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CHAPTER VIII
FORMS, REGISTERS AND WAGE SLIP
49. The form of a single application. – A single application, may be filed under sub-section (5) of section 45 in Form-II along with documents specified in such Form.
| FORM-II | |
| [See rule 49] | |
| [SINGLE APLICATION UNDER SUB-SECTION (5) OF SECTION 45] | |
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BEFORE THE AUTHORITY APPOINTED UNDER SUB SECTION (1) OF SECTION 45 OF THE CODE ON WAGES, 2019 (29 OF 2019) |
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| FOR…………. | AREA……… |
| Application No…………………………………………. | of 20…………………… |
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Between ABC and (State the number)………….other…………………………………… Applicant (Through employees concerned or registered trade union or Inspector- cum- Facilitator Address…………………………………………………………… And XYZ………………………………………………………………………………… Address……………………….. The application states as follows: |
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| (1) The applicant(s) whose name(s) appear in the attached schedule was/were/has/have been employed from……..……………to…………….as………………(category) in………………..….(establishment) Shri/M/s…………………………………………engaged in………………….(nature of work) which is/are covered by the Code on Wages, 2019. | |
| (2) The opponent(s) is/are the employer(s) within the meaning of section 2(l) of the Code on Wages, 2019. | |
| (3) (a)The applicant(s) has/ have been paid wages at less than the minimum rates of wages fixed for their category (categories) of employment(s) under the Code by Rs…. …………..Per day for the period(s) from………………………to……… ………………. | |
| (b) The applicant(s) has/ have not been paid wages at Rs…………….. Per day for the weekly days of rest from………………..to… | |
| (c) The applicant(s) has/ have not been paid wages at overtime rate(s) for the period from…………………..to………….. | |
| (d) The applicant(s) has/have not been paid wages for period from ………………to………. | |
| (e) Deductions have been made which are in contravention of the Code, from the wage(s) of the applicant(s) as per details specified in the annexure appended with this application. | |
| The applicant(s) has/have not been paid minimum bonus for the accounting year …………….. | |
| (4) The applicant(s) estimate(s) the value of relief sought by him/ them on each amount as under:
(a) Rs……. Total Rs……. |
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(5) The applicant(s), therefore, pray(s) that a direction may be issued under section 45(2) of the Code on Wages, 2019 for; (a) payment of the difference between the wages payable under the Code and the wages actually paid, (b) payment of remuneration for the days of rest (c) payment of wages at the overtime rates, (d) compensation amounting to Rs……………………… |
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(6) The applicant(s) do hereby solemnly declare(s) that the facts stated in this application are true to the best of his/their knowledge, belief and information. |
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| Dated…………. | |
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Signature or thumb-impression of the employed person(s), or official of a registered trade union duly authorized or Inspector- cum- Facilitator.
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Note: The applicant(s), if required, may append annexures containing details, with this application. |
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50. Appeal.- Any person aggrieved by an order passed by the authority under sub-section (2) of section 45 may prefer an appeal under sub-section (1) of section 49 in Form-III, along with documents mentioned by the appellant in such Form, to the appellate authority having jurisdiction.
| FORM III | |
| (See rule 50) | |
| Appeal under Section 49(1) of the Code on Wages, 2019 Before The Appellate Authority under the Code on Wages, 2019 |
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A.B.C Address…………………………………………………………APPELLANT |
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| Vs. | |
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C.D.E. Address…………………………………………………………RESPONDENT |
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| DETAILS OF APPEAL: | |
| 1. Particulars of the order against which the appeal is made :
Number and date : The authority who has passed the impugned order: Amount awarded: Compensation awarded , if any : |
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| 2. Facts of the case :
(Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue or fact). |
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| 3. Grounds for appeal : | |
| 4. Matters not previously filed or pending with any other Court or any Appellate Authority:
The appellant further declares that he had not previously filed any appeal, writ petition or suit regarding the matter in respect of which this appeal has been made, before any Court or any other Authority or Appellate Authority nor any such appeal, writ petition or suit is pending before any of them. |
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| 5. Reliefs sought :
In view of the facts mentioned above the appellant prays for the following relief(s) :— [Specify below the relief(s) sought] |
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| 6. List of enclosures: | |
| 1.
2. 3. 4. …………………………………….. |
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| Date : | |
| Place : | |
| Signature of the appellant. | |
| For office use—————————————————————————- | |
| Date of filing
or |
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| Date of receipt by post | |
| Registration No. | |
| Authorized Signatory | |
51. Form of register, etc.-(1) all fines and all realizations thereof referred to in sub-section (8) of section 19 shall be recorded in a register to be kept by the employer in form – i appended to these rules, electronically or otherwise and the authority referred to in said sub-section (8) shall be the Deputy Chief Labour Commissioner (Central) having jurisdiction.
(2) All deductions and all realizations referred to in sub-section (3) of section 21 shall be recorded in a register to be kept by the employer in Form- I appended to these rules, electronically or otherwise.
(3) Every employer of an establishment to which the Code applies shall maintain registers under sub-section (1) of section 50 in Form I and Form IV, electronically or otherwise.
| FORM – IV | ||||||||||||
| [See rule 51(3)]
EMPLOYEE REGISTER |
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| Name of the Establishment : | Name of the Employer: | |||||||||||
| Name of the Owner: | PAN/TAN of the Employer: | |||||||||||
| Labour Identification Number (LIN): | ||||||||||||
| Sl.
No. |
Employee Code | Name | Surname | Gender | Father’s
/ Spouse Name |
Date of Birth | Nationality | Education Level | Date of Joining | Desig- nation | Category (HS/S/SS/U S)* | Type of Employ- ment |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 |
| Mobile No. | UAN | PAN | ESIC IP
No. |
AADHAAR | Bank A/c Number | Bank | Branch (IFSC) | Present Address | Permanent Address |
| 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 |
| Service Book No. | Date of Exit | Reason for Exit | Mark of Identification | Photo | Specimen Signature/Thumb Impression | Remarks |
| 24 | 25 | 26 | 27 | 28 | 29 | 30 |
| *(Highly Skilled/Skilled/Semi skilled/Unskilled) | ||||||
52. Wage slip.– Every employer shall issue wage slips, electronically or otherwise to the employees in Form V under sub-section (3) of section 50 on or before payment of wages.
| FORM V | |
| [See rule 52] | |
| WAGE SLIP | |
| Date of issue:……………………. | |
| Name of the Establishment……………………….
Address……………….…..…………..………..….. Period……………………………………………… |
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| 1. Name of employee : | |
| 2. Father’s /Spouse name : | |
| 3. Designation : | |
| 4. UAN: | |
| 5. Bank Account No.: | |
| 6. Wage period: | |
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7. Rate of wages payable: a.) Basic——————— b.)D.A.———————- c.) other allowances——— |
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| 8. Total attendance/unit of work done: | |
| 9. Overtime wages: | |
| 10. Gross wages payable : | |
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11. Total deductions : a.) PF———————- b). ESI——————— c.) Others—————— |
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| 12. Net wages paid: | |
| Employer / Pay-in-charge signature | |
53. Manner of holding enquiry under sub-section (1) of section 53.-
(1) When a complaint is filed before the officer appointed under sub-section (1) of section 53 (hereinafter in this rule referred to as the officer) in respect of the offences referred to in said sub-section either by an officer authorized for such purpose by the Central Government or by an employee aggrieved or a registered trade union registered under the Trade Unions Act, 1926 or an Inspector-cum-Facilitator, the officer,after considering such evidences as produced before him by the complainant, is of the opinion that an offence has been committed, shall issue summons to the offender on the address specified in the complaint fixing a date for his appearance .
(2) If the offender to whom the summons has been issued under sub rule (1) appears or is produced before the officer, he shall explain the offender the offence complained against him and if the offender pleads guilty, the officer shall impose penalty on him in accordance with the provisions of the Code and when the offender does not plead guilty, the officer shall take evidence of the witnesses produced by the complainant on oath and provide opportunity of cross examination of the witnesses so produced . The officer shall record the statement of the witnesses on oath and in cross examination in writing and take the documentary evidence on record.
(3) The officer shall, after the complainant’s evidence is complete, provide opportunity of defence to the accused person and the witnesses produced by the accused shall be cross examined after their statements on oath by the complainant and documentary evidence in defence shall be taken on record by the officer.
(4) The officer shall after hearing the parties and considering the evidences both oral and documentary decide the complaint in accordance with the provisions of the Code.
54. The manner of imposing fine under sub-section (1) of section 56.–
(1) An accused person desirous of making composition of offence under sub-section (1) of section 56 may make an application in Form VI electronically or otherwise to the Gazetted Officer notified under said sub-section (1).
| FORM VI | |
| [See rule 54] | |
| APPLICATION UNDER SUB-SECTION (4) OF SECTION 56 FOR COMPOSITION OF OFFENCE | |
| 1. Name of applicant | |
| 2. Father’s /Spouse name : | |
| 3. Address of the applicant : | |
| 1. Name of employee : | |
| Particulars of the offence: ……………………………………………………………………………………. ……………………………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………………………….. |
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| 5. Section of the Code under which the offence is committed : :……………………………………………… | |
| 6. Maximum fine provided for the offence under the Code :………………………………………………… | |
| 7. Whether prosecution against the applicant is pending or not ……………………………………………… | |
| 7. Whether prosecution against the applicant is pending or not ……………………………………………… | |
| 8. Whether the offence is first offence or the applicant had committed any other offence prior to the offence. If yes, then, full details of the prior offence. ………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… |
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| 9. Any other information which the applicant desires to provide ………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… |
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| Dated: | |
| Applicant
(Name and signature) |
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(2) The Gazetted Officer referred to in sub-rule (1), shall, on receipt of such application, satisfy himself as to whether the offence is compoundable or not under the Code and if the offence is compoundable and the accused person agrees for the composition, compromise the offence for a sum of fifty per cent of the maximum fine provided for such offence under the Code, to be paid by the accused within the time specified in the order of composition issued by such officer.
(3) Where the offence has been compromised under sub-rule (2) after the institution of the prosecution, then, the officer shall send a copy of such order made by him for intimation to the officer referred to in sub-section (1) of section 53for needful action under sub-section (6) of section 56.
COMMENTS