THE MINIMUM WAGES ACT, 1948





Section 16: મૂળ કામ સિવાય કરાવેલા વધારાના કોરેલ ડ્રો પ્રિન્ટિંગ વર્કનું અલગ મહેનતાણું મેળવવા માટે.


Section 16 of The Minimum Wages Act, 1948:

Official Legal Text

Section 16: Wages for two or more classes of work

"Where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each class of work, wages at not less than the minimum rate in force in respect of each such class."


Different Types of Work: If an employee performs two or more distinct types or categories of duties (e.g., Social Media Designing vs. CorelDraw Printing Work), the employer cannot lump them together into a single basic payment if they fall under different skill levels or wage categories


Time-Based Payment: The employer is legally obligated to pay the worker according to the specific time spent on each class of work at the respective rate.


How It Applies to Your Freelance/Design Case:

  • Original Scope: Your initial agreement/advertisement was for Canva & Photoshop (Social Media Designing).

  • Additional Scope: You were assigned CorelDraw printing work (banners, standees, visiting cards), which is a separate, technical class of work.

  • Legal Outcome: Under Section 16, the employer must compensate you separately for the additional CorelDraw work based on the applicable market or skill rates for that specific task.





Section 20: બાકી નીકળતી રકમ મેળવવા તથા વિલંબ બદલ વળતર (Compensation) ની માંગણી કરવા માટે.

Section 20 of The Minimum Wages Act, 1948:

Official Legal Text

Section 20: Claims

(1) The appropriate Government may, by notification in the Official Gazette, appoint any Commissioner for Workmen's Compensation or any officer of the Central Government... or any officer of the State Government not below the rank of Labour Commissioner... to be the Authority to hear and decide for any specified area all claims arising out of payment of less than the minimum rates of wages...

(3) When any application under sub-section (2) is entertained, the Authority shall hear the applicant and the employer... and, after such further inquiry, if any, as may be necessary, may, without prejudice to any other penalty to which such employer may be liable under this Act, direct—

  • (i) in the case of a claim arising out of payment of less than the minimum rates of wages, the payment to the employee of the amount by which the wages payable to him exceed the amount actually paid by him, together with the payment of such compensation as the Authority may think fit, not exceeding ten times the amount of such excess;

  • (ii) in any other case, the payment of the amount due to the employee, together with the payment of such compensation as the Authority may think fit, not exceeding ten rupees;

Simplified Explanation 

  • Filing Claims for Unpaid Dues: Section 20 provides the legal mechanism for an employee to file a formal claim before the designated Labour Authority/Commissioner if they are unpaid, underpaid, or denied proper remuneration for their work.

  • Recovery of Pending Wages: Under this section, the Labour Authority can direct the employer to pay the exact remaining balance owed to you (such as your pending fees for the additional CorelDraw printing work).

  • Claiming Compensation (Up to 10 Times): In cases where wages were withheld or paid below the prescribed/agreed minimum rates, the Authority has the power to award compensation up to ten (10) times the unpaid amount as a financial penalty against the employer for delaying or withholding payment.

  • Time Limit: An application under Section 20 must generally be filed within six months from the date the wages became due (though delay can be condoned by the Authority if sufficient cause is shown).



 

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