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Circular No. C – 142 Date: - 05-10-2013
Minimum wage of Rs. 10,000/= p.m. of
Unskilled adult and Juvenile Workers in Sindh
The Minimum Wages Board, Sindh under Rule 14(1) of the Sindh Minimum wages Rules, 1962 has recommended by Notification the minimum wage of Rs. 384.62 per day or Rs. 10,000/= p.m. for unskilled adult and juvenile workers under the Minimum Wages Ordinance, 1961 published in the Sindh Govt. Gazette Extra Ordinary dated 28-8-2013 pages 328 -329 seeking objections on it within 30 days as required by the Rule 14(2). The Secretary, Sindh Govt. Labour Dept. vide his Notification/letter dated 03-10-2013 has accepted the above recommendation of the Minimum Wage Board without any modification but making it effective from 01-07-2013. Salient features of the same are given as under:––
1- The Notification is a legal formality as invariably recommendations of the Board are usually accepted.
2- That minimum wage of adult and juvenile workers, both male and female, temporary or permanent workers as recommended would be paid Rs. 10,000/= p.m. or Rs. 384.62 per day w.e.f. 01-07-2013 for whole time workers as per the provisions of the Minimum Wages Ordinance, 1961.
3- The daily minimum wage for piece rated workers would be 1/26th of the monthly minimum wage amounting to Rs. 384.62 per day which proportionately includes element of minimum wage for weekly holiday in it and, therefore, no separate payment for weekly off day would be required. Overtime, daily/weekly working hours, weekly rest days, work on weekly holidays, etc shall be governed by provisions of the Factories Act, 1934, Payment Wages Act, 1936 and other relevant labour laws.
4- Wages of skilled and semiskilled workers may be fixed by employer but the same cannot be less than the minimum wages fixed now for unskilled and juvenile workers. The wage would mean as defined by Section 2(8) of the Minimum Wages Ordinance, 1961.
5- Wages of piece rated workers be also revised which would not be less than this minimum wage be it on monthly, daily, hourly or piece rate basis.
6- If any establishment is paying higher than this minimum wage, the same cannot be reduced. The employer is free to pay higher wage voluntarily or by collective agreement keeping in view various factors including high cost of living in a particular locality or other reasons.
7- The minimum wage would apply to the permanent, temporary, whole time, monthly rated, daily rated and piece rated unskilled workers and they shall continue to enjoy existing other benefits given to them and the same shall not be adjusted against this minimum wage.
8- The Secretary, Sindh Govt. Labour Dept. vide his Notification/letter dated 03-10-2013 has accepted the above recommendation of the Minimum Wage Board without any modification but making it effective from 01-07-2013 even before expiry of the period seeking recommendation vide Notification dated 28-08-2013 giving 30 days time for objections the minimum wage cannot be changed before 30 days from 28-08-2013 and the above Notification dated 03-08-2013 even otherwise not yet published in the Sindh Govt. Official Gazette can be effective from 28-09-2013 or later on after expiry of 30 days period and publication of the Notification in the Sindh Govt. Gazette. To this effect the Notification/letter dated 03-10-2013 of the Sindh Govt. is illegal and suffers from legal lacunas.
For further details if required, you may consult your labour laws consultant.